Privacy Policy

1. Introduction

This Privacy Policy elucidates how Memories Technologies ("we," "us," or "our") collects, uses, and shares the personal information of individuals who utilize our "Memories" photographic printing application (the "App"), accessible through both the Apple App Store and Google Play Store, as well as influencers who engage with our online influencer partner portal (the "Portal"). We are steadfast in our commitment to safeguarding the privacy of our users and adhering to the relevant data protection regulations. An app privacy policy serves as a crucial legal document that outlines the practices concerning the handling of user data. Furthermore, a comprehensive privacy policy details the methodologies for collecting, employing, disseminating, and potentially selling user information. A fundamental aspect of fostering a trustworthy relationship with users involves maintaining transparency regarding our data handling procedures.

The Memories App offers photographic printing services, enabling users to upload their digital photographs, place orders for prints, and receive the finished products. The Partner Portal is designed for influencers to log in, monitor the real-time performance of their unique discount codes, and track the commissions they have earned through sales generated using these codes. This Privacy Policy applies to all users of the Memories App and all influencers who access or use the Partner Portal. While certain sections of this policy may have specific relevance to either App users or Portal users, the entirety of this document governs the data practices across both platforms. It is important to note that this Privacy Policy is distinct from and supplements our Terms of Service, which outlines the contractual agreements between Memories Technologies and its users.

2. Information We Collect

2.1. Information You Provide (Application Users)

When users register an account and utilize the Memories App, they may provide us with several types of personal information. This includes Account Registration Data, such as their name, email address, phone number, billing address, and payment information. This payment data is securely processed by third-party payment processors, ensuring the confidentiality and security of financial transactions related to order payments. This information is essential for creating and managing user accounts, processing print orders, communicating with users about their orders, and facilitating payments. Additionally, users upload Photographs for printing purposes. These uploaded photos are temporarily stored on secure servers, primarily on Amazon Simple Storage Service (Amazon S3), for the sole purpose of fulfilling the user's print order. The retention period for these uploaded photographs is typically until the order is fulfilled and may be extended for a short duration to accommodate potential re-orders or resolution of any issues. For instance, Social Print Studio retains uploaded photos for six months, but Memories Technologies will define a retention period that aligns with its operational needs. It is also important to note that Memories Technologies does not collect any photos that users do not explicitly select for printing and may convert the filenames of uploaded images into numerical values for enhanced privacy. To complete the printing and delivery process, users also provide Shipping Information, including the shipping address and recipient name. This information is used exclusively for the purpose of delivering the ordered prints to the correct location. Furthermore, when users interact with our customer support channels, we may retain records of these Communications with Customer Support, which may include email correspondence or chat logs. This is done to provide effective support, address user inquiries, and improve our services.

2.2. Automatically Collected Information (Application Users)

When users interact with the Memories App, certain information is automatically collected from their devices. This includes Device Information, such as the device type (e.g., smartphone, tablet), operating system (e.g., iOS, Android), unique device identifiers (e.g., IMEI, device ID, advertising ID), and the app version installed on the device. This data aids in optimizing the app's performance across various devices and operating systems, as well as for internal analytics to understand app usage patterns. We also collect Usage Data, which encompasses details about the features accessed within the app, the time spent using the app, and the user's interactions with the app's functionalities. This information helps us to understand how users engage with the app, identify popular features, and improve the overall user experience. In certain instances, and only with the user's explicit consent, we may collect Location Information. This could be used to suggest nearby photo printing locations (if applicable) or to provide location-based promotions. Accessing sensitive device features like location requires clear justification and user permission. Additionally, our servers automatically record Log Data, which may include the user's IP address, browser type, access times, and referring/exit pages. This information is crucial for security purposes, such as identifying and mitigating potential security threats, as well as for website and app diagnostics and analytics.

2.3. Information from Third Parties (Application Users)

The Memories App may offer the functionality to link user accounts with third-party services, such as social media platforms or cloud storage providers. If a user chooses to link their account with such a service, we may collect information from that third-party service, including photographs or contact lists, as permitted by the user's privacy settings on that platform and with their explicit authorization. It is important to understand that the collection and use of information obtained through these linked third-party services are also governed by the privacy policies of those respective third parties. For example, if a user links their Instagram or Meta account to Memories to select photos for printing, we may access the selected images but do not retain any additional data from those accounts beyond what is necessary to fulfill the printing request. This practice ensures that user privacy is respected and that data access is limited to the specific purpose for which consent was granted.

2.4. Information You Provide (Partner Portal Influencers)

Influencers who register and utilize the Memories Partner Portal provide us with specific personal information to facilitate the partnership. This includes Account Registration Data, such as their name, email address, and other contact information. This data is used for managing influencer accounts, communicating about partnership updates and performance, and for verification purposes. For the purpose of disbursing earned commissions, we also collect Payment Information for Commissions, which may include bank account details or a PayPal address, depending on the preferred payment method. To ensure compliance with legal and financial regulations, particularly concerning the payment of commissions, we may also collect Tax Information, such as a tax identification number, especially if commission payments exceed certain thresholds as mandated by applicable tax laws. The secure handling of financial information is paramount, and Memories Technologies may utilize secure payment gateways, similar to Stripe, to process commission payments, ensuring the confidentiality of sensitive financial data.

2.5. Automatically Collected Information (Partner Portal Influencers)

Similar to the App, the Partner Portal automatically collects certain information when influencers interact with it. This includes Usage Data, such as login activity and the tracking of their unique discount code's performance, including the number of clicks, resulting sales, and overall conversion rates. This data is essential for providing the core functionality of the portal, allowing influencers to monitor their impact, and for Memories Technologies to accurately calculate and process commission payments. Influencer marketing platforms often track metrics like engagement rate, reach, and conversion rate. While Memories may not collect all these metrics, the performance data gathered is crucial for the partnership. We also collect Device Information, such as the influencer's IP address and browser type, which aids in securing the portal by detecting and preventing suspicious login attempts and may also be used for website analytics to improve the portal's functionality and user experience.

3. How We Use Your Information

3.1. Application Users

The information collected from users of the Memories App is utilized for various purposes aimed at providing and improving our services. This includes Providing and Personalizing the Services, such as processing print orders, ensuring the smooth functionality of the app, managing the delivery of prints, and potentially offering personalized recommendations for print products or app features based on a user's past activity. We also use the information for Customer Support and Communication, enabling us to respond to user inquiries, offer technical assistance, and send essential service-related notifications, such as order confirmations and shipping updates. To continuously enhance our app and user experience, we conduct Analytics and Improvement of Services by analyzing usage data and device information to understand user behavior, identify areas for improvement, and develop new features. With user consent where required, we may also use the collected information for Marketing Communications, sending promotional emails or in-app notifications about new features, special offers, or account-related reminders. Users have the right to opt out of receiving such marketing communications. Finally, we use user information for Legal Compliance and Protection of Rights, which includes adhering to applicable laws, regulations, legal processes, or governmental requests, as well as protecting our rights, property, or safety, and that of our users and the public.

3.2. Partner Portal Influencers

The information gathered from influencers using the Memories Partner Portal serves several key functions related to the influencer program. Primarily, we use Usage Data for Tracking Discount Code Performance, allowing influencers to monitor the effectiveness of their unique discount codes by tracking metrics such as clicks and sales attributed to their code. This data is also crucial for Calculating and Processing Commissions based on the sales generated through their codes, utilizing their provided payment information to disburse the earned amounts. We also use the collected information for Communication Regarding Performance and Payments, sending influencers updates on their discount code performance, commission status, payment confirmations, and important news or updates related to the portal and partnership terms. Account Management is another key use, where registration data is used to maintain and secure their portal accounts, including facilitating password resets and account updates. To improve the portal's functionality and user experience for influencers, we conduct Analytics and Improvement of the Partner Portal by analyzing usage patterns and identifying areas for enhancement. Similar to app users, we also utilize influencer information for Legal Compliance and Protection of Rights, including adhering to legal obligations, tax reporting requirements, and enforcing the terms of our partnership agreements.

4. Sharing Your Information

4.1. Application Users

Memories Technologies may share the personal information of App users with certain categories of third parties to facilitate the provision of our services. We engage Service Providers who assist us in various aspects of our operations. These include payment processors (e.g., Stripe) who securely handle payment transactions, shipping partners (such as postal services and courier companies) who are responsible for delivering the printed photographs, cloud storage providers (like Amazon S3) who provide secure storage for user data and uploaded photos, and analytics providers who help us understand app usage and performance. These service providers operate under contractual obligations to protect user information and are authorized to use the data only for the specific services they provide to us. We may also share information with Third Parties with User Consent, where users explicitly agree to the sharing of their data with specific entities for particular purposes. Additionally, we may disclose user information to Legal Authorities if required by law, legal process, or a governmental request, including to meet national security or law enforcement requirements. In the event of Business Transfers, such as a merger, acquisition, or sale of all or a portion of our assets, user information may be transferred to the acquiring entity as part of the transaction. Transparency regarding the categories of third-party service providers we use and the types of personal information we share with them is a key requirement of many privacy laws.

4.2. Partner Portal Influencers

Similar to App users, we may share the personal information of influencers using the Partner Portal with certain third parties. This may include sharing data with Affiliate Networks or Payment Processors if our influencer program utilizes an affiliate network for tracking and management, or directly with payment processors to facilitate the secure disbursement of commission payments. As with App users, we may also disclose influencer information to Legal Authorities if required by law, for tax reporting purposes, or in response to lawful requests from governmental or regulatory bodies. In the event of Business Transfers, such as a merger, acquisition, or sale of our business or assets, influencer information may also be transferred to the acquiring entity. Maintaining transparency with influencers about how their personal information is used and with whom it might be shared is crucial for fostering a strong and trusting partnership. This includes clearly outlining the categories of third parties and the types of data shared with them, as mandated by various privacy regulations.

5. Data Storage and Security

Memories Technologies implements robust security measures designed to protect the personal information of our users and influencers from unauthorized access, use, disclosure, alteration, or destruction. These measures include the use of Encryption, such as end-to-end encryption for sensitive data like payment information and uploaded photographs during transmission, as well as Transport Layer Security (TLS) or Secure Sockets Layer (SSL) encryption for secure connections to our website and portal. We store data on Secure Servers with Restricted Access, both physically and logically, ensuring that only authorized personnel can access this information. We also conduct Regular Security Audits and Vulnerability Assessments to identify and address potential security weaknesses in our systems. Our security practices align with industry standards and incorporate measures such as access controls, employee training on data security protocols, and physical security of our data storage facilities. We also adhere to the principle of least privilege, granting data access only to those employees or service providers who require it to perform their specific duties. Our data is stored in secure data centers, potentially located in specific geographic regions such as the UK. If we utilize cloud storage services like Amazon S3, we ensure that these providers maintain high security standards and certifications. It is important to acknowledge that while we take extensive precautions to protect personal information using commercially reasonable means, no method of transmission over the internet or electronic storage is entirely infallible, and therefore, absolute security cannot be guaranteed. We are committed to maintaining up-to-date security measures to address evolving threats and vulnerabilities.

6. Data Retention

Memories Technologies retains personal information for only as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws, regulations, or legal proceedings. The Retention Periods for Different Data Types vary depending on the category of data and the purpose of its processing. For instance, uploaded photographs are typically retained temporarily for the duration of order fulfillment and may be kept for a short additional period (e.g., 30-90 days) to facilitate potential re-orders or address any customer service issues. Account information is generally retained as long as the user's account remains active. Inactive accounts may be subject to deletion after a defined period, following notification to the user. Order details are usually retained for a longer period, often several years, to comply with accounting, customer service, and legal requirements, such as tax regulations which may necessitate retaining financial records for up to 7 years. Influencer performance data may be retained for the duration of the partnership and potentially longer for historical analysis of campaign effectiveness. Payment information is retained as long as necessary to process transactions and as mandated by payment processing regulations and tax laws, often for several years. The Criteria for Determining Retention Periods include business needs (e.g., allowing for re-orders or addressing customer inquiries), the necessity of providing the requested services, compliance with legal and regulatory obligations (such as tax laws and data protection regulations), the need to resolve potential disputes, and the enforcement of our agreements. When personal data is no longer required for these specified purposes, we employ Secure Data Disposal Practices, ensuring that the data is securely deleted or anonymized to prevent any unauthorized access or use. This may involve secure wiping of digital storage devices and shredding of any physical documents containing personal information. Where feasible, Memories Technologies aims to empower users with control over their data, including the ability to initiate the deletion of their accounts and associated personal information.

7. Your Rights and Choices

Memories Technologies respects the rights of our users and influencers regarding their personal information. Both Application Users and Partner Portal Influencers have the Right to Access Your Personal Data, allowing them to request information about the personal data we hold about them, including the categories of data, the purposes of processing, and the recipients of their data. They also have the Right to Correct Inaccurate Data, enabling them to request corrections to any incomplete or inaccurate personal information we hold. Users and influencers can exercise the Right to Request Deletion of Your Data, asking for the erasure of their personal data, subject to certain legal exceptions. They may also have the Right to Object to Certain Data Processing, allowing them to object to the processing of their personal data for specific purposes, such as direct marketing, where our processing is based on legitimate interests. In certain circumstances, individuals can exercise the Right to Restrict Data Processing, such as while we are verifying the accuracy of their data or if the processing is unlawful but they do not want it erased. Where technically feasible, users and influencers may have the Right to Data Portability, allowing them to receive their personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller. If our processing of personal data is based on consent, individuals have the Right to Withdraw Consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. To Exercise Your Rights, users and influencers can typically do so through their account settings within the App or Portal, or by contacting our privacy team via email at a dedicated address like memtech-legal@memories-tech.com. We may also provide contact forms for this purpose.

In addition to these rights, users and influencers have specific choices regarding their data. They can manage their preferences for Opting Out of Marketing Communications by clicking the "unsubscribe" link in marketing emails or adjusting their notification settings within their account. Application users can also control Managing Location Permissions for the App through their device's settings. If the Partner Portal uses non-essential cookies, influencers will have the option to manage their Cookie Preferences, often through a cookie consent banner or settings page. Memories Technologies is committed to upholding the principles of data minimization and user choice, ensuring that unless personal information is strictly necessary for providing a specific service, users will not be denied access to goods or services for declining to provide it. We strive to inform users and influencers about their privacy rights in a clear and accessible manner, fostering trust and demonstrating our commitment to data protection.

8. Privacy Policy for the Mobile Application (Apple App Store and Google Play Store Specifics)

Memories Technologies is committed to complying with all applicable guidelines and requirements set forth by both the Apple App Store and the Google Play Store regarding user privacy and data collection. For the Apple App Store, we adhere to their policies, which require us to clearly disclose the types of data we collect (as detailed in Section 2), how this data is used (as described in Section 3), and our practices for sharing data with third parties (as outlined in Section 4). A link to this Privacy Policy will be readily accessible on the App Store product page and within the Memories App itself, typically within the settings or legal information section. Failure to comply with Apple's privacy guidelines can lead to the rejection or removal of the app from their store, underscoring the importance of our adherence.

Similarly, for the Google Play Store, we are dedicated to meeting their policies and requirements concerning user privacy and data collection. We will provide a direct link to this Privacy Policy both in the Play Console and within the Memories App, usually located in the settings or about section. We will also diligently complete the "Data Safety" section in the Google Play Store, accurately and comprehensively declaring all categories of data collected by the App, specifying how that data is used, indicating whether it is shared with third parties, detailing our security practices such as encryption in transit, and outlining our data retention policies. It is important to note that Google's policies have specific nuances, such as scenarios where data access does not necessarily need to be disclosed as "collected" in the Data Safety section, including on-device processing, ephemeral processing, and end-to-end encryption. We will carefully assess our data handling practices to ensure accurate disclosure in accordance with these guidelines. Google has been increasingly stringent in enforcing its privacy rules, and non-compliance can result in the removal of the app from the Play Store. Therefore, our commitment to adhering to their policies is paramount.

In both the Apple App Store and the Google Play Store, we will ensure that a link to this Privacy Policy is easily discoverable within the App's settings or a designated legal section, as well as being prominently displayed on the App's listings in both stores.

9. Privacy Policy for the Partner Portal

The Memories Partner Portal is specifically designed for influencers, and our privacy practices regarding their data are tailored to the nature of this relationship. As detailed in Section 2, we collect specific types of data from influencers, including their registration information, payment details necessary for commission payouts, and usage data related to the performance of their unique discount codes. The primary purpose for collecting and using this data is to effectively manage the influencer partnership, accurately track the performance of their promotional activities, calculate and process their earned commissions in a timely manner, and facilitate communication regarding the program. Influencer marketing platforms typically handle data related to demographics, engagement metrics, and performance analytics. While Memories may not collect the full spectrum of data handled by specialized influencer platforms, the data we do collect is essential for the core functionalities of our partner program. We are committed to ensuring Transparency Regarding Tracking and Commission Calculation. Influencers can be assured that the methods we employ for tracking the performance of their discount codes, typically through unique identifiers or tracking links, and for calculating their commissions are transparent and are based on the terms outlined in our partnership agreements. While specific details of these mechanisms may be found within the Portal itself, this Privacy Policy serves as a general overview of our data handling practices for our influencer partners. It is crucial for businesses running affiliate or influencer programs to clearly explain how personal information is used and shared with their partners. This principle of transparency underpins our approach to data handling within the Memories Partner Portal.

10. Children's Privacy

The Memories App and Partner Portal are not intended for use by individuals under the age of 13. We do not knowingly collect personal information from children under the age of 13 without obtaining verifiable parental consent. If we become aware that we have inadvertently collected personal information from a child under 13 without the necessary parental consent, we will take immediate steps to delete such data from our records. It is essential for any online platform to have a clear clause addressing the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA) in the United States, which requires obtaining parental consent before collecting personal information from children under 13, should our services attract users within this age group.

11. International Data Transfers

If personal information collected from users or influencers residing in a particular jurisdiction may be transferred to and processed in countries outside of their country of residence, such as if our servers are located in the United Kingdom, we will disclose this practice. It is important to understand that the data protection laws in these other countries may differ from those in the user's or influencer's country of residence. In cases where international data transfers occur, we will ensure that there is a lawful basis for such transfers. This may include obtaining the individual's explicit consent for the transfer, implementing Standard Contractual Clauses (SCCs) approved by relevant regulatory bodies (e.g., for transfers from the European Union), relying on adequacy decisions recognizing the data protection laws of the recipient country as adequate, or utilizing other legally recognized mechanisms for international data transfers. We acknowledge that personal information may be transferred and processed in countries with varying data protection laws, and we are committed to ensuring that any such transfers comply with applicable legal requirements and provide adequate safeguards for the protection of personal information.

12. Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our data practices, legal requirements, or the functionality of our App and Portal. When we make material changes to this Privacy Policy, we will provide notice to our users and influencers. This may include posting a prominent notice within the App or Portal, sending an email notification to registered users, or updating the "Last Updated" date at the top of this policy. We encourage users and influencers to review this Privacy Policy periodically to stay informed about how we are protecting their personal information. The date at the beginning of this policy indicates when it was last revised.

13. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please do not hesitate to contact us. You can reach our privacy team via email at memtech-legal@memories-tech.com. We may also provide a physical mailing address for privacy inquiries if desired. We are committed to addressing any privacy-related inquiries in a timely and comprehensive manner.

Conclusions

The creation of a comprehensive and professional-grade privacy policy is paramount for Memories Technologies, given its presence on both the Apple App Store and Google Play Store, as well as its online partner portal. This policy must not only adhere to the specific requirements of each platform but also comply with broader data privacy regulations. By clearly outlining the types of data collected from both application users and influencer partners, detailing how this information is used and shared, and articulating the robust security measures and data retention practices in place, Memories Technologies can foster trust and transparency with its users. Furthermore, by explicitly stating the rights and choices available to individuals regarding their personal data, the company demonstrates its commitment to user privacy. The policy must also address the nuances of children's privacy and international data transfers, ensuring compliance with relevant legal frameworks. Regular updates to the policy will be necessary to reflect any changes in practices or regulations. Ultimately, a well-crafted and easily accessible privacy policy is not just a legal requirement but a cornerstone of building a reputable and trustworthy brand in the digital landscape.

Table 1: Comparison of Apple App Store and Google Play Store Privacy Policy Requirements

Table 2: Data Retention Schedule Example