Privacy policy

Effective date: April 30th, 2025 

Fotaflo (https://fotaflo.com), incorporated under O'Grady Productions Inc., provides software that enables its business clients and their employees (herein referred to as “Customers”) to capture and share digital media, such as photos and videos of their clients (herein referred to as “Guests”), taken while their Guests participate in excursions or activities (collectively, the “Services”). After a Customer captures a photo or video, Guests receive a unique link via email or text message, allowing them to access and view their memories (e.g., photos and videos). Customers may also choose to send Guests reminders of these memories in the future, such as on the anniversary of the initial experience. 

Fotaflo is committed to safeguarding your privacy in compliance with applicable privacy legislation. Since our Services may involve internet-based interactions, you acknowledge and agree that some of your Personal Information (PI) may be securely transferred and stored outside of your home jurisdiction, in accordance with this Privacy Policy.

This Privacy Policy outlines Fotaflo’s practices regarding the collection, use, and disclosure of PI. By using Fotaflo’s Services, you consent to the collection, use, and disclosure of your PI as described in this Privacy Policy.

This Privacy Policy may be updated from time to time. The Effective Date above indicates when this Privacy Policy was last updated.

Terms

“Customer” means a person or entity or employee thereof that enters into a business relationship with Fotaflo for the purposes of receiving photo and video marketing services.  

“Customer Account” is the account a Customer sets up when using our Services. 

“Guest” refers to individual(s) who have visited or interacted with Customers and have their photos or videos captured by the Customer. 

How We Communicate With You

When you choose to use Fotaflo’s Services as a Customer, Fotaflo may send you electronic messages to communicate with you about your Customer Account and the Services you have requested. 

Upon your consent, Fotaflo may also send you monthly marketing communications as permitted under Canada’s Anti-Spam Legislation (CASL). If you choose to opt-in, we may send you monthly electronic messages regarding new products, tips and industry news. Each marketing communication will include an unsubscribe link allowing you to stop delivery of such messages. 

Customers may use our Services to send email and text reminders to Guests regarding their photos. In instances where Guests reach out to us directly, we interact with them to fulfill their requests.  

Collection of Your Personal Information

The types of PI we collect, use and disclose depends on who you are and how we interact with you. Generally, PI is defined as information that identifies an individual or makes you identifiable. It includes data that could be used to identify, locate, track, or contact you.

If you are a Customer, the types of PI that Fotaflo collects from you may include: 

• contact information such as your name, email address, and phone number;
• profile or avatar image (optional), and 
• other information that the Customer chooses to make available to the Guest. 

Fotaflo also collects the following usage information from Customers when you interact with our website or mobile application (app):

• IP address along with the date and time you have accessed Fotaflo’s website or app; 
• app usage data; and  
• app errors tagged with the Customer account ID.

If you are a Guest, the types of PI that we obtain about you through your interaction with the Customers may include: 

• contact information such as your name, email address, and phone number; 
• photos and/or videos taken of you by the Customer, which may include associated location data;
• birth date (if you provided this to the Customer); and
• date, time and type of experience.

To the best of our ability we try to verify that consent has been obtained by the Customer to send us your PI. If you no longer consent to such collection, use or disclosure of your PI, please contact the Customer or Fotaflo to facilitate deletion and/or anonymization of such information. 

Fotaflo collects the following usage information from Guests when you use our Website via the link provided to you by the Customer: 

• material and pages viewed when viewing memories; and
• IP address along with the date and time you have accessed the pages to view your memories. 

How We Collect Your PI and Usage Information

How we collect PI from you depends on how you interact with us. Please note that you can interact with us in more than one way.

Customer

• If you are a Customer, we collect your PI directly from you when you enter it into the Fotaflo software. 
• Usage information is collected through use of cookies, server logs and web analytics. 

Guest

• If you are a Guest, we obtain your PI from the Customer via their booking system, digital waiver system, digital forms, and/or as manually submitted by you or the Customer on our app or website. 
• Usage information is collected through use of cookies, server logs and web analytics. 

For those visiting our website, usage information may be collected through the use of cookies when interacting with our website.

Cookies: Cookies are small files that save to your hard drive or to your browser’s memory. You may accept or decline most cookies, but Necessary Cookies may be required for us to administer our Services. If you choose not to allow certain functional cookies, the Services may not operate as expected.

Web analytics: Third party web analytics providers track usage on our app and website. This information is used to monitor the performance of our Services and improve them. 

Purposes for the Collection, Use and Disclosure of Your Personal Information

The purposes for which we use, collect and disclose your PI depends on how you interact with us. Please note that you can interact with us in more than one way.

Customer

• If you are a Customer, we collect your name, email address, phone number, and profile or avatar image to set up and maintain your Customer Account. Any other information you choose to make available to the Guest, along with the above is also provided to Guests when viewing their memories to encourage them to leave reviews and/or rate their experience with you. 
• IP addresses along with date and time access logs are collected to help our technical team troubleshoot and resolve reported issues. Web analytics of Customer app usage is collected and processed to monitor and improve our Services.  Error reports are collected and sent to web error reporting service providers to help our technical team further troubleshoot reported issues. 

Guest

• The purpose for which we are provided your PI is to help facilitate the Customers in sending you your captured memories in the form of photos and videos. And to further facilitate sending reminders of those memories. 

• If you are a Guest, we obtain your name since it is used to label your photos/videos so Customers can associate them with you. We obtain your email address and/or phone number to facilitate sending you photos and videos captured by the Customers through a unique link. We further use your email address and phone number to send you reminders of your experience, the timing and frequency of which is determined by the Customer and/or by Fotaflo. Your photos and videos are obtained so that we may be able to provide them to you as a memory of your experience. The date, time and type of experience is obtained to help the Customer associate your media with specific excursions. Additionally, if you choose to provide your birth date, we may use it to send you personalized reminders of your previous experiences on or around that day. 

• IP addresses along with date and time access logs are collected to help our technical team troubleshoot and resolve reported issues. Web analytics on Guest usage data is collected to provide engagement information to the Customer. 

Transferring and Sharing Your Personal Information

Fotaflo may transfer PI that we collect about you outside of Quebec and outside of Canada, for the purposes set out in this Privacy Policy and for further processing by Third-Party Service Providers in connection with those purposes. We require the Third-Party Service Providers that we work with to implement and maintain safeguarding measures to protect your PI in a manner consistent with this Privacy Policy. 

Fotaflo and our Third-Party Service providers may be required to disclose your PI to the courts, government authorities, law enforcement or regulatory authorities in response to legally valid demands or requests in accordance with the applicable laws of the country where your PI is being stored. 

Third-Party Service Providers

The PI collected from you in connection with your use of our Services may be shared with Third-Party Service Providers, such as cloud computing platforms, cloud storage service providers, cloud based image and video management service providers, web analytics service providers, and web error reporting service providers, to help us fulfill the specified purposes, including troubleshooting and improving the user experience. 

We use third-party web analytics providers to track visits and usage of the Fotaflo website and app. 

With respect to our Customers, our mobile apps use third-party error reporting providers to report app errors. These error reports are tagged with Customer Account IDs to assist in troubleshooting reported issues.

Retention of Your Personal Information 

Your PI will be retained by Fotaflo only for as long as necessary to accomplish the identified purpose(s) for which it was collected, or as required by law, whichever is longer. When a Customer unsubscribes from our Services we will delete all Customer and related Guest data after 180 days. 

Safeguarding Your Personal Information 

We use commercially reasonable technical and administrative safeguards to protect your PI from loss, theft, any unauthorized access, disclosure, copying, use or modification. Fotaflo Services use HTTPS encryption. Furthermore, Fotaflo restricts access to PI using technical measures such as SSH keys, IP address white-listing and individual sign-ins for privileged users. Fotaflo staff can access Customer data using individual privileged accounts. 

We have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a data security breach where we are legally required to do so. 

Third Party Links

The Fotaflo website or app may contain links to other sites. While we try to link to sites that share our high standard for privacy, we are not responsible for the content, security or privacy practices employed by these other sites. 

We are also not responsible for the privacy practices of other sites that link to our company website or our Services. This Privacy Policy only applies to our practices regarding the collection, use and disclosure of your PI, and the PI obtained from Customers. Please refer to the privacy policies of those websites to learn more about their usage of your PI and your rights. 

Children

Photos of activities and excursions sent to us by Customers may include photos of children under the age of thirteen, or children under the age of fourteen (if with respect to a Quebec resident). If you are a parent or guardian and you did not consent to the collection of their PI, please contact the Customer to facilitate removal of such photos.  

How to Amend and Access Your Personal Information

Customers can access and amend their PI via their Fotaflo Customer Account. 

Guests can amend or update their PI by contacting the Customer they interacted with, or by contacting Fotaflo. 

There may be limits on your right to access the PI we hold about you, for example, if the information is subject to legal privilege, contains confidential information, relates to an investigation or a breach of an agreement or law, or contains personal information of other individuals that cannot be separated.

Contact Us

Your privacy is important to us. If you have any further privacy concerns, please do not hesitate to contact our Privacy Officer at support@fotaflo.com.