- Last Updated: December 27, 2019
Social Rewards offers a digital photography service via the Photo Booth. You can have your picture taken in the Photo Booth (the “Photo”). You’ll have to provide us with your age, and email address or your mobile phone number, so we can send your Photo to you. After you have your Photo taken, we’ll send it to you by email or text message. You understand and agree that we may also display your Photo on the screen outside the Photo Booth. If you are 13 years or older, we may also post your Photo on or to the pages or accounts on social networking services such as Facebook, Twitter, Google Plus and Instagram (“SNS”) of Social Rewards or of a company with which Social Rewards has a partnership (“Partners”). In addition you agree that we and a Partner may send you advertising and marketing materials with recommendations and information that might be of interest to you.
Social Rewards and its licensors own all rights in the photo services and backdrop images, software, text, videos, audios, and materials made available through or via the services (the “Content”) and the Photo (subject to your rights of publicity). You give us permission to take your picture and share it on the Photo Booth, Photo Booth’s outside display and any Social Rewards’ or Partners’ SNS (if applicable) and you agree that this action does not violate your rights of publicity or privacy. Nothing in these Terms will restrict any rights that you have to use and exploit your own image. Subject to these Terms, Social Rewards grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Photo solely for your personal and non-commercial purposes. You agree not to use the Photo Booth in any manner that is indecent, pornographic or in violation of any laws.
By checking the appropriated dialogue box during the registration process, and if you are 13 years or older you give your express consent authorizing Social Rewards on behalf of itself and its Partners, or any company with which Social Rewards subcontracts for advertising and marketing purposes, to contact you by telephone call or text message at the number you provide to Social Rewards in the Photo Booth, including with advertising or telemarketing messages, and including calls made using an automatic telephone dialing system or artificial or prerecorded voice. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You understand that you may opt out of such messages.
We’ll collect your name, email address and/or phone number (the “PII”), so that we can send your Photo to you. We’ll also collect your age and gender. If you are under 13 years old, we will not store any information about you and will delete such information from our system immediately after sending your Photo to you.
We may engage third party service providers to work with us or with Content providers to administer and provide the services and the advertising and marketing activities. These third-party services providers have access to your PII only for the purpose of performing services on our behalf. We’ll also share your PII with Partners and Partners may use your information to send you e-mails with promotional materials, and for Partner’s internal purposes in connection with industry research and analysis, demographic profiling and other similar purposes. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
We provide you with a choice whether to receive certain emails. We provide you the opportunity to 'opt-out' of having your PII used for certain purposes. If you are a user of the Sites and you no longer wish to receive, email, mail, or telephone calls from us or have your email address or postal address shared with third parties, you may opt-out of receiving email, mail or telephone calls from us or having your email address or postal address shared with third parties.
If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by emailing us as set forth below. In addition, if you would prefer that we not share your personally identifiable information with third parties for the third parties’ direct marketing purposes, you may opt-out of having your PII shared with third parties for the third parties’ direct marketing purposes.
All opt-out requests can be made by emailing us at: firstname.lastname@example.org or writing us at Attn: Customer Service, 3528 Torrance Blvd. Suite 101, Torrance, CA 90503. Certain communications from us may also contain an unsubscribe link for you to opt-out from receiving future similar communications.
We allow third-party companies to serve ads and/or collect certain information when you visit our Sites. These companies may use PII or non-PII (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Sites and other web sites or applications in order to provide advertisements about goods and services likely to be of greater interest to you. We do not control third parties’ collection or use of your information to serve interest-based advertising. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the Network Advertising Initiative, a coalition of online advertising networks that provides an opportunity for consumers to opt-out of targeted advertising by member companies. It should be noted that opting out does not mean you will not see advertisements online, but these advertisements will not be targeted based on your online user interest profile.
If you access any of our Sites through a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable "Location" (or "Location Services" on iOS-based devices) on your mobile device to prevent sharing your location information with SOCIAL REWARDS, or only disable "Bluetooth" to prevent the sharing of information collected via nearby Bluetooth proximity beacons. Please note that if you disable the sharing of location information, you may be unable to access some features of our Sites that are designed for mobile devices.
Additionally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations for improving the Sites and your user experience, we collect aggregate information about the use of the Sites, such as IP addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time and also IDFAs, UDIDs, GPS, Bluetooth or other location-based or geo-positioning information, including your presence within participating theatres and retail locations (as more further described above under Mobile Applications) (collectively, "Activity Information"). This Activity Information allows us to improve the content of the Sites and facilitate market research. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form. Other than improving the Sites and the experience of visitors to the Sites, we make no other use of this information. The treatment of non-PII is subject to change in accordance with the then applicable law.
A cookie does not collect or keep your name or other PII; however, we may link the information obtained through cookies to other PII to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Sites.
Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
Should you wish to review, delete or update the personal information you provided to us through a Site or that SOCIAL REWARDS retains about you, please email us at email@example.com
Certain of the websites of SOCIAL REWARDS’s affiliates, promotional partners, advertisers, sponsors, and other third-party websites and third-party widgets are accessible through the Sites. These third party websites and third-party widgets have their own privacy and data collection policies and practices. SOCIAL REWARDS IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEB SITES AND WIDGETS.
In addition to the third parties noted in this Policy, SOCIAL REWARDS may also contract with other third parties to provide various services to SOCIAL REWARDS relating to the Sites on an outsourced basis rather than performing the services itself. For example, SOCIAL REWARDS may contract with an email provider to handle the distribution of email messages to users of the Sites. Likewise, SOCIAL REWARDS may contract with a website hosting provider to host all or a portion of the Sites for SOCIAL REWARDS. SOCIAL REWARDS may also contract with third party mobile providers to enable the mobile user services provided through the Sites. We may also use a third party provider to serve ads and collect and analyze data and patterns regarding usage of the Sites. We require these third parties to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to treat such information in accordance with this Policy. By visiting the Sites, all visitors consent to SOCIAL REWARDS providing both PII and non-PII received from Site users to these third party providers for the purpose of enabling the third party providers to provide these outsourced services to SOCIAL REWARDS.
In addition, all Site users consent to the collection, maintenance, and processing of their PII and non-PII by SOCIAL REWARDS and these third party providers as follows:
Cookie and Pixel Information: Cookies and pixels provide SOCIAL REWARDS and its providers with the ability to create an ID in order for SOCIAL REWARDS and its providers to match collected data to an anonymous machine including:
In order to enhance your experience on the Sites, SOCIAL REWARDS may retrieve and collect information about you from your account(s) on various social networking sites, but only if you voluntarily provide it to us, in accordance with the policies and terms of the applicable social networking site. The information you allow us to access varies by social networking site, and it is affected by the privacy settings you establish with the social networking site. By accessing or using the Sites in connection with a social networking site(s), you authorize us to collect, store and use in accordance with this Policy any and all information that you agreed the social network site could provide us. In addition, some social networking sites have features which allow you to send information about your activity on the Sites back to the social networking site (for example, to be published in your profile). If you choose to use these features, then your activity on the Sites will be shared with the social networking site(s). Individuals reading this information on social networking site(s) may use it or disclose it to other individuals or entities without our control and without your knowledge.
If you are located outside of the United States, please note that the Sites are hosted on computer servers located in the United States. Therefore, your information will be processed and stored in the United States. As a result, United Sates federal and state governments, courts or law enforcement or regulatory agencies may be able to obtain access to your information through applicable United States laws. Your use of a Site or the your submission of any PII to us will constitute your consent to the transfer of your PII outside of your home country, including the United States, which may have very different date protection and privacy rules and regulations than in your home country. If you do not consent to this transfer of your information, you may not use the Sites or the Services.
We will modify this Policy if our privacy practices change. We will notify you of such changes by posting the modified version on the Sites, indicating the date it was last modified, and, if the changes are significant, we will seek your consent to the new or different uses of your information. The date this Policy was last modified is at the top of this page. Please periodically review this Policy so that you are familiar with the current Policy and aware of any changes.
We use reasonable physical, technical and organizational measures to protect the information under our control against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access. While there is no such thing as "perfect security" on the Internet, we take all reasonable steps to protect your personal information. For example, our policy is that only those individuals who need your PII to perform a specific job are granted access to that PII. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices and must be in compliance with such practices. Furthermore, when SOCIAL REWARDS transfers and receives certain types of sensitive information such as financial or health information, it redirects visitors to a secure server. Finally, the servers that we store PII on are kept in a secure environment. While we employ the above steps, we cannot ensure or warrant the security of any information you transmit to SOCIAL REWARDS and you do so at your own risk.
All inquiries concerning this Policy and the Sites in general may be sent to firstname.lastname@example.org
Some browsers have a "do not track" feature that lets you tell websites that you do not want your online activities tracked. At this time, the Sites do not respond to web browser "do not track" requests or similar signals that users may employ. because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
SOCIAL REWARDS has adopted a policy of allowing you to opt-out of the disclosure of your personally identifiable information to third parties for their direct marketing purposes and thus falls within this exception. Instructions for opting out can be found in the section below entitled "Choice and Opt-Out."
SOCIAL REWARDS, ITS LICENSORS, PARTNERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PHOTO BOOTH OR RESULTING FROM THE PHOTOS AND THE SHARING OR SUCH PHOTOS.
IN NO EVENT WILL SOCIAL REWARDS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PHOTO BOOTH OR PHOTO EXCEED THE AMOUNT YOU HAVE PAID TO USE THE PHOTO BOOTH IF ANY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCIAL REWARDS AND YOU.
- Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
- Agreement to Arbitrate
You and Social Rewards agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, Content or Photo (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Social Rewards are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Social Rewards otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules
The arbitration will be administered by the American Arbitration Association (the "AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf and a separate form for California residents at https://www.adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf .)The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure
Unless you and Social Rewards otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Social Rewards submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Social Rewards will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Social Rewards will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).