Privacy Policy

Last updated: April 16, 2025

Phototager ("we," "our," or "us") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal data when you visit our website (www.phototager.com) or engage with our services. It also outlines your rights under the General Data Protection Regulation (GDPR) and other applicable laws.

Information Gathering

We learn information about you when: You directly provide it to us. For example, we collect:

Name and contact information

We collect details such as name and email address.

Payment information

If you make a purchase, we use Stripe as our payment processor. We do not collect or store your credit card information directly. When you make a payment, you are directed to Stripe's secure payment processing system, and Stripe handles all aspects of the payment transaction.

Content and files

We collect and retain the photos, documents or other files you send to us in connection with delivering our Services, including via email or chat.

We collect it automatically through our products and services. For instance, we collect:

Identifiers and device information

When you visit our websites, our web servers log your Internet Protocol (IP) address and information about your device, including device identifiers, device type, operating system, browser, and other software including type, version, language, settings, and configuration.

Geolocation data

Depending on your device and app settings, we collect geolocation data when you use our Services.

Usage data

We log your activity on our website, including the URL of the website from which you came to our site, pages you viewed on our website, how long you spent on a page, access times, and other details about your use of and actions on our website. We also collect information about which web-elements or objects you interact with on our Service, metadata about your activity on the Service, changes in your user state, and the duration of your use of our Service.

Someone else tells us information about you. Third-party sources include, for example:

Third-party partners

Third-party applications and services, including social networks you choose to connect with or interact with through our services.

Service providers

Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device's location based on its IP address.

When we try and understand more about you based on information you've given to us. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics ("inferences"). For example, we infer your general geographic location based on your IP address.

Information Use

We use each category of personal information about you:

  • To provide you with our Services
  • To improve and develop our Services
  • To communicate with you
  • To provide customer support
  • To process your uploaded content through AI services to generate metadata and tags

Information Sharing

We share information about you:

  • When we've asked & received your consent to share it.
  • As needed, including to third-party service providers, to process or provide Services or products to you, but only if those entities agree to provide at least the same level of privacy protection we're committed to under this Privacy Statement.
  • To comply with laws or to respond to lawful requests and legal process, provided that we'll notify you unless we're legally prohibited from doing so.
  • We'll only release personal information if we believe in good faith that it's legally required.
  • Only if we reasonably believe it's necessary to prevent harm to the rights, property or safety of you or others.
  • In the event of a corporate restructuring or change in our organizational structure or status to a successor or affiliate.

We use third-party service providers to help us operate our business and the Services or administer activities on our behalf. In particular, we use Stripe as our payment processor. These service providers may have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Please note that some of our Services include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that data is governed by their privacy statements.

Finally, we may share non-personal information in accordance with applicable law.

User-Uploaded Content

When you upload images or videos to Phototager:

  • User Responsibility: You are solely responsible for the content you upload to our service. You should only upload content that you have the rights to use.
  • AI Processing: We process your uploaded content through third-party AI services including Anthropic and OpenAI to generate metadata and tags. Your images/videos are transmitted to these services for processing as part of our core service functionality.
  • Storage: Your uploaded content is stored on Amazon Web Services (AWS) S3 cloud storage with appropriate security measures in place.
  • Low-Resolution Recommendation: We strongly recommend that you only upload low-resolution versions of your images and videos to minimize risk in the event of a security breach.
  • Content Deletion: We recommend that you delete your images or videos after you have received the generated metadata. While the content is stored securely, deletion provides an additional layer of protection for your work.
  • No Unauthorized Sharing: We do not share your uploaded content with any unauthorized third parties. Your content is only used to provide the services you specifically requested.
  • Data Retention: If you do not delete your uploaded content, we will retain it for [X time period, e.g., 30 days] after processing, after which it will be automatically deleted from our systems. Metadata generated from your content may be retained longer as part of your account data.

By uploading content to our service, you grant us the limited license to process, store, and use your content solely for the purpose of providing our services to you.

Information Protection

We implement physical, business and technical security measures to safeguard your personal information. In the event of a security breach, we'll notify you so that you can take appropriate protective steps. We only keep your personal information for as long as is needed to do what we collected it for. After that, we destroy it unless required by law.

While we implement security measures to protect your uploaded content, we recommend using low-resolution images and deleting your content after processing as additional precautions to protect your work.

Other Information

We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.

As part of our normal operations, your information may be stored in computers in other countries outside of your home country. By giving us information, you consent to this kind of information transfer. Irrespective of where your information resides, we'll comply with applicable law and abide by our commitments herein.

We don't want your personal information if you're under 13. Do not provide it to us. If your child is under 13 and you believe your child has provided us with their personal information, please contact us to have such information removed.

International Data Transfers

Our services are powered by cloud providers and AI services located in various jurisdictions. Your personal data and uploaded content may be processed in countries where these services operate, including the United States. By using our service, you acknowledge that your data may be transferred to and processed in countries that may have different data protection rules than your country of residence. We ensure appropriate safeguards are in place for these transfers through standard contractual clauses and security measures.

Cookie Policy

Our website uses cookies and similar technologies to improve your browsing experience, analyze site traffic, and personalize content. We use both session cookies, which expire when you close your browser, and persistent cookies, which remain on your device for a set period.

You can control cookie settings through your browser preferences. Please note that disabling certain cookies may affect the functionality of our website.

We use the following types of cookies:

  • Essential cookies: Necessary for the operation of our website
  • Analytical/performance cookies: Allow us to recognize and count visitors and see how they move around our site
  • Functionality cookies: Used to recognize you when you return to our website

European Economic Area, United Kingdom, Swiss and California users

The following rights are granted under the European General Data Protection Regulation ("GDPR") and California Consumer Privacy Act ("CCPA"). Phototager applies these rights to all users of our products, regardless of your location:

  • The right to know what personal information is collected
  • The right to know if personal information is being shared, and to whom
  • The right to access your personal information
  • The right to exercise your privacy rights without being discriminated against

EEA, UK, and Swiss Users

Our lawful bases for collecting and processing personal information under the GDPR include:

  • Performing our contract with you and providing our services
  • Legitimate interests: we receive technical and interaction data of users, which may include IP addresses, to improve the security and reliability of our services and prevent abuse, and to understand where people learn about Phototager
  • Consent: where we ask for your consent to process your information, you can always withdraw this consent

Under the GDPR, EEA, UK, and Swiss users have additional rights:

  • The right to request correction or erasure of personal information
  • The right to object to processing your personal information
  • The right to transfer or receive a copy of the personal information in a usable and portable format, when any automated processing of personal data is based on your consent or a contract with you
  • The rights to withdraw your consent to processing, when the processing is based on your consent

When we are processing data on behalf of another party that is the "data controller," you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

California Users

Under the CCPA, California residents have additional rights:

  • The right to request personal information about to be deleted, subject to several exceptions
  • The right to opt-out of the sale of personal information. Note that we do not "sell" personal information as defined by the CCPA and have not done so in the past 12 months

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us. Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.

Children's Privacy

Our services are not directed to individuals under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are a parent or guardian and you believe that your child has provided us with personal information, please contact us immediately at support@phototager.com. If we become aware that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to remove that information from our servers.

Exercising Your Rights

To exercise the rights described above or if you have a question or concern, please contact us at support@phototager.com and we will aim to address or resolve it. If we cannot, you have the right to lodge a complaint with your local data protection authority.

Changes

We may need to change this Privacy Statement and our notices from time to time. Any updates will be posted online with an effective date. Continued use of our services after the effective date of any changes constitutes acceptance of those changes.

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