Picsaurus

Privacy Policy

Effective Date: November 13, 2023

This Privacy Policy applies to Adventure Soup Inc. (“Picsaurus”, “we” or “our”) services, including but not limited to the Picsaurus’s website, www.picsaurus.com and app (collectively, the “Service”), and details how we collect, use, and disclose data, including personal data about you (together, “you” or “your”).

BY USING THE SERVICE OR BY AGREEING TO OUR TERMS OF SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS PRIVACY POLICY.  

IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THIS PRIVACY POLICY AND ARE AGREEING TO THIS PRIVACY POLICY FOR THAT ORGANIZATION.  WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFERS TO THE ORGANIZATION.

1. HOW WE OBTAIN PERSONAL DATA

We collect and process personal data from our users, including you, which is information about you or that identifies you.  

We obtain personal data that we collect either directly from you when you choose to provide it to us or when you use the Service.  If you have any questions or concerns about the disclosure of your personal data, please contact us at your convenience using the contact information found below.  Subject to legal, contractual and technical requirements, you may choose not to provide Picsaurus with certain data or request the deletion of certain data, which may impact the Service features available to you or essential operations of the Service.

2. PERSONAL DATA WE COLLECT

We collect certain personal data when you begin using the Service. The following is a description of the personal data that we may collect, use and process:

  • your full name, address, date of birth, phone number and email address (“Contact Information”);
  • email contents, answers to feedback surveys and questionnaires and information related to the tours you are participating in (“Content Details”);
  • your financial information, if you choose to provide it to us, via one of our third-party payment processors (“Banking Details”); and
  • derivative data, including your IP address, country location, browser type, operating system, access times, page history, mobile device data, including the mobile device’s model, manufacturer, and location, if our website is accessed from your mobile device, and website analytics (“Technical Data”).

3. PROCESSING OF YOUR PERSONAL DATA

We process your personal data for our legitimate business purposes.  These uses include but are not limited to:

  • providing the Service to you, including tailoring the Service to your business needs based on the data that you provide;
  • understanding your needs and improving the quality of the Service, including providing customer support and feedback, providing additional support, analyzing functionality and technical issues, tracking use of the Service and generating internal reports and data models that we use to improve the Service; 
  • gaining a better understanding of website use and activity;
  • contacting you for various reasons, including when providing customer support for the Service; and
  • for contractual, legal, regulatory or audit obligations, including responding to requests from law enforcement or a government agency asserting lawful authority to obtain the data or where Picsaurus has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending Picsaurus in a legal, regulatory or administrative proceeding or in a contractual dispute or providing information to our legal counsel.

We may disclose your personal data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above.  

4. THIRD-PARTY SERVICES

This Privacy Policy only applies to personal data that Picsaurus collects, processes and discloses and does not apply to the collection, processing and disclosure of data by third parties through third-party services, including BugFender, Postmark, Twilio, Heroku, Bluehost, Stripe, Cloudflare, Close, Retool, Google, Apple and Helpdocs.io which may be broader than set forth in this Privacy Policy, and that may be embedded into the Service.  In many cases, third-parties may collect personal data about your online activities over time and across different websites and services.  We strongly recommend that you read each third-party privacy policy carefully before using the Service. Please contact us directly using the information found below if you would like to learn more about third-party data practices.

5. COOKIES AND TRACKING TECHNOLOGIES

The Service uses tracking technologies, such as cookies and web beacons, to collect data about you, such as your IP address and device information.  Based on this data, third-parties may be able to resolve your identity across multiple devices.  This data is collected, used and disclosed in accordance with the terms of this Privacy Policy and the applicable third-party privacy policies.  Certain Service features may rely on tracking technologies and by declining to accept cookies or by changing certain settings on your device, you may not have access to these features. 

6. OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA

You may contact Picsaurus to obtain a copy of any personal data we collect about you, the production of which may be subject to a fee as permitted by applicable law.  In addition, you may contact Picsaurus to correct inaccurate personal data or to complete incomplete personal data.   

You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital for:

  • the performance of contractual obligations, such as our Terms of Use/Service or certain legal obligations;
  • protecting your interests or those of another person; and
  • our legitimate interests or the legitimate interests of a third-party,

and may do so by requesting deletion by contacting us using the contact information found below.

7. DATA STORAGE AND RETENTION

While Picsaurus is a Canadian company, the data you provide through the Service may be stored and processed by third parties in countries around the world.  You authorize Picsaurus and third parties acting on our behalf to process your data in any country of their choosing, which may cause your data, including personal data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.  

Picsaurus deletes all of your personal data and business information from any electronic devices in our control at the end of each day and every week, or as per your instructions.

Should your relationship with Picsaurus come to an end, we will promptly return or dispose of any other personal data and confidential information Picsaurus has on file, in line with our legal obligations.

8. DO NOT TRACK DISCLOSURE

Do Not Track (“DNT”) is a web or device setting that allows you to request that receivers of personal data stop their tracking activities.  When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug-in providers and other web services you encounter to stop tracking your activity.  Currently, there are no DNT technology standards and, as a result, we do not respond to DNT requests.

9. RESIDENTS OF EUROPE AND THE UK

When we collect your Contact Information such as your name and address, the processing of your personal data is necessary for our provision of the Services to you, as described in Article 6(1)(b) of the European Economic Authority’s General Data Protection Regulation (the “GDPR”).  When you provide Content Details to us, Picsaurus collects such personal data pursuant to Article 6(1)(a) of the GDPR. For Banking Details, Picsaurus collects such personal data pursuant to Article 6(1)(b) of the GDPR.  For all other personal data collected as mentioned in this Privacy Policy, such as the collection of Technical Data, such as IP addresses, Picsaurus has a legitimate interest, as described in Article 6(1)(f) of the GDPR, in collecting such personal data for the purposes described in Section 3 of this Privacy Policy.  

If the GDPR or substantially similar laws such as the UK GDPR apply to you, you have certain rights regarding your personal data.  These rights include:

  • A Right of Access.  You have the right to access your personal data that we hold about you free of charge in most circumstances.
  • A Right to Rectification.  If your personal data is inaccurate or incomplete, you can change the information you provided by contacting Picsaurus using the e-mail contact listed herein.
  • A Right to Erasure.  You have the right to obtain deletion of your personal data under most circumstances.  In most cases, you may simply request the deletion by using the contact information found below.  Please be careful as deletion of data in this manner is permanent and the data cannot be recovered.
  • A Right to Object.  If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR or if your personal data was collected based on your consent according to Article 6(1)(a) of the GDPR, you have the right to object to this processing.  If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular, if the personal data is necessary for the establishment, exercise or defense of legal claims or if personal data is required for the provision of the Service and you still wish to use the Service.
  • A Right to file a Complaint.  You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction.
  • A Right to Restriction of Processing of your Personal Data.  You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR.
  • A Right to Personal Data Portability.  You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR.
  • A Right to Post-Mortem Control of Your Personal Data.  Certain jurisdictions grant post-mortem controls of your personal data and if such rights are applicable in your jurisdiction, you may have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death through a will or through your estate.
  • A Right to Opt-out of Marketing Communications.  You have the right to opt-out of marketing communications we send you at any time.  If you receive any marketing e-mails from us, you can exercise your right to stop such communications by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails Picsaurus sends you.  To opt-out of other forms of marketing, please contact us using the contact details provided below.

10. CHILDREN

Picsaurus does not collect any personal data on individuals under the age of consent in any jurisdiction. If we learn that we inadvertently collected personal data from a child under the age of consent beyond allowable legal exceptions, we will delete that data as quickly as possible. If you are a parent or guardian of a child under the age of majority or age of consent in your jurisdiction, who you believe provided Picsaurus with personal data without your consent, please contact us at privacy@picsaurus.com

11. CALIFORNIA “SHINE THE LIGHT” RIGHT

If you are a California resident, California Civil Code 1798.83 grants you the right to request disclosure of the categories of personal information we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year.  If you are a California resident and would like to make this request, please contact us using the contact information set forth below.

Please note that you may only make this request once per year.

12 YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.120 permits you to opt-out of the sale and sharing of your personal information to third parties. Currently, Picsaurus does not sell or share your personal information to third parties and as such no opt-out of the sale or sharing of such personal information is necessary. Although Picsaurus does not sell or share your personal information to third parties, Picsaurus does provide a general opt-out right to all of our users. If you have any other questions about our privacy practices, please email us at privacy@picsaurus.com.

13. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION

In the event of, or in preparation for, a change of ownership or control of Picsaurus or a business transition such as the sale of some or all Picsaurus’s assets, we may disclose and/or transfer your personal data to third-parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.

14. SECURITY

We are committed to ensuring that your data is secure. To prevent unauthorized access, disclosure, or breach, we have put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process, including appropriate protections for any sensitive personal data we collect.

15. CONTACT PREFERENCES

We will communicate with you through your email address, phone or other digital methods in order to conduct the Service and to respond to support requests or comments.  If you have provided us with your email address and would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with “unsubscribe” in the email title or body.  On rare occasions, some types of email are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.

16. UPDATES

Picsaurus reserves the right, in its sole discretion, to modify this Privacy Policy at any time (each an “Update”) and shall make each Update available on our website.  You are deemed to accept an Update by continuing to use the Service.  Unless Picsaurus states otherwise, an Update is automatically effective 30 days after posting on the website, except in such case where an Update is immaterial to any of your legal rights or legal obligations of Picsaurus and such Update is made only to correct a typographical, formatting or grammar inaccuracy, and in such case, an Update is effective immediately after posting on the website.

17. CONTACT US

If you have requests, questions or comments about the Privacy Policy or our data collection in general, please contact our Data Privacy Officer or our Privacy Team at privacy@picsaurus.com, or by mail:

Adventure Soup Inc
4730 University Way neste.104-#105
Seattle, WA 98105