Welcome to Flashpoint Photography, LLC (“Company”, “We”, “Us”, “Our”). By accessing and using our website and services, including purchasing products or participating in events or offerings, you (“You”, “User”, “Client”) agree to comply with and be legally bound by in conjunction to Our terms and conditions. Please read this agreement carefully before using our website.

Last Updated: April 10, 2025

NOTICE

We at Flashpoint Photography, LLC respect Your privacy. This Privacy Policy is designed to explain how We collect, use, share, and protect the personal information You provide to us when You access Our website, purchase Our goods or services, or engage with us on social media, as well as Your own rights to the information We collect.

Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy Policy periodically, when You use Our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Our website after the revised Privacy Policy is posted.

1. INFORMATION COLLECTED

We collect a variety of information from You when You visit Our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, You are specifically consenting to Our collection of the data described below, to Our use of the data, to the processing of this data, and to Our sharing of the data with third-party processors as needed for Our legitimate business interests The information We collect may include:

• Personal Data: Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number or demographic information like Your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.

• Derivative Data: Derivative data refers to information automatically collected by our servers when you access our Website. This includes your IP address, browser type, dates and times of access, and the specific pages you view. If you are using a mobile application, our servers may also collect information about your device, such as your device name and type, phone number, country of origin, and interactions with the application. Derivative data may also include information collected by third-party service providers, such as advertising and analytics providers, and may involve cookies, log data, or web beacons. While this data typically does not identify a specific individual, it is used to improve user experience and site performance.

• Financial Data: Financial data is data that is related to Your payment method, such as credit card or bank transfer details. We collect financial data in order to allow You to purchase, order, return or exchange products or services from Our website and any related mobile apps. We store limited financial data. Most financial data are transferred to Our payment processor and You should review these processors’ Privacy Policy to determine how they use, disclose and protect Your financial data.

• Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want us to access this information, please go to the specific social networking site and change Your privacy settings.

• Mobile Device Data: If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.

• Other data: On occasion, You may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.

2. USE OF INFORMATION

Your information allows us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third-party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website).

Specifically, We may use the information and data described above to:

• Create and administer Your account; and

• Deliver any products or services purchased by You to You; and

• Correspond with You; and 

• Process payments or refunds; and 

• Contact You about new offerings that We think You will be interested in; and 

• Interact with You via social media; and 

• Send You a newsletter or other updates about Our company or website; and 

• Deliver targeted advertising; and 

• Request feedback from You; and 

• Notify You of updates to Our product and service offerings; and 

• Resolve disputes and troubleshoot any problems; and 

• Administer contests or giveaways; and 

• Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and 

• Compile anonymous statistical data for Our own use or for a third-party’s use; and 

• Assist law enforcement as necessary; and

• Prevent fraudulent activity on Our website or mobile app; and 

• Analyze trends to improve Our website and offerings.

3. DISCLOSURE INFORMATION

Grounds: The information We collect and store is used primarily to allow Us to offer goods and services for sale. In addition, Flashpoint Photography, LLC may collect, use, and process Your information based on the following grounds:

Legitimate Business Interests: We may use and process Your data for Our legitimate business interests, which include, among other things, communicating with You, improving Our goods or services, improving Our website, and providing You with the information or products that You have requested.

• Performance of a Contract: We may use and process Your information to enter into a contract with You and to perform Our contractual obligations to You.

• Consent: We may use Your data, or permit selected third parties to use Your data, based on Your consent to Our use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use Our website or other offerings.

• As required by law: We may also use or process Your data as required for Us to comply with legal obligations.

Why we disclose your information: We may share Your information with third parties in certain situations. In particular, We may share Your data with third-party processors as needed to serve Our legitimate business interests, which include administration of Our website, administration of Your account, entering into contracts with You, communicating with You, taking orders for goods or services, delivering Our goods and services, identifying trends, protecting the security of Our company and website, and marketing additional goods and services to You. The legal basis for Our disclosure of Your data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our legitimate business interests.

The following are specific reasons why We may share Your information:

• Third Party Processing: We may disclose your information to third-party service providers who assist us with essential business operations, including but not limited to payment processing, website hosting, email delivery, communications, and customer service. These third-party processors are only authorized to use your personal information as necessary to perform their services on our behalf and are not permitted to use or disclose your information for any other purpose. While we may not always individually disclose the identities of these third-party processors unless required by law, we take reasonable steps to ensure that any such parties are reputable and that your information is handled in accordance with this Privacy Policy.

• By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

• To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

• Business Transfers: In the unlikely event that our company undergoes a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction, your personal information may be transferred or shared as part of the business assets acquired by a third-party successor. You acknowledge and agree that such business transfers may occur and that your information may continue to be used, stored, or processed in accordance with this Privacy Policy or the successor’s privacy policy. While we will make reasonable efforts to notify you if such a transfer occurs, please be aware that the successor party is not bound by our Privacy Policy and may implement its own terms regarding the use of your data.

• Advertisers: We may use third-party advertising companies to run and manage Our ads to produce ads that appears when You visit Our Website or mobile app. These companies may use information about Your visit to Our website and other websites that are contained in web cookies (as described below) to offer You personalized advertisements about goods and services that might interest You. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

• Other third parties: We may share information with advertisers, Our investors, or other third-parties for the purpose of conducting general business analysis. If We do so, We will make reasonable efforts to inform You if required by law.

• Interaction With Others: If You interact with others on Our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Our website, such as prior comments or posts.

• Online Postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.

• External Links: Our website may include hyperlinks to other websites not controlled by Us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third-parties and are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and use it by different methods than We do.

• Other Purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, the vital interests of others, or the interests of our company.

4. TRACKING TECHNOLOGIES

We use a variety of tracking technologies on our website to enhance user experience, analyze website usage, and support our marketing efforts. These technologies may collect non-personally identifiable information such as your IP address, browser type, Internet Service Provider (ISP), date and time stamps, referring/exit pages, and click data to help us analyze trends, administer the site, track users’ movement, and gather demographic information. These log files are a standard component of hosting services and are not linked to personally identifiable information.

We also use cookies—small text files sent from our site to your device—and web beacons, pixel tags, and similar technologies to store and track information. These tools may be used for a variety of purposes including:

• Authentication and Security: To verify your identity and protect user accounts.

• Personalization and Functionality: To remember your preferences and enhance your experience on the site.

• Performance and Analytics: To understand how users interact with our website and improve our offerings.

• Targeted Advertising: To show you relevant ads on third-party sites based on your interaction with our website.

• Social Media Integration: To recognize your engagement with social media tools and enable related features.

We may use any or all of the following types of cookies:

• Essential Cookies: Required for core website functionality, such as accessing secure areas or remembering login details.

• Functionality Cookies: Allow us to recall your preferences from past visits.

• Social Media Cookies: Record interactions with social media elements on our site and may share limited data with those platforms.

• Advertising Cookies: Used by us or our advertising partners to deliver targeted advertisements on third-party sites, including social media platforms, based on your browsing behavior.

In addition, pixel tags—small graphic files embedded in the site—may be used to collect information about your device, browser, and your interaction with the site. We may also receive email confirmations when you open our marketing emails, helping us improve communication and outreach efforts.

Other data technologies may be employed for purposes such as security, fraud detection, and improving our website functionality.

We may also use third-party software tools and advertising networks that use cookies or similar tracking technologies. These may include platforms for marketing automation, ad retargeting, email campaigns, or analytics. We do not control how third parties use cookies, and their use is governed by their own privacy policies. For more information about managing or opting out of interest-based advertising, you may visit the Network Advertising Initiative Opt-Out Tool or the Digital Advertising Alliance Opt-Out Tool.

Most browsers accept cookies by default, but you can change your settings to refuse some or all cookies. Additionally, upon your first visit to our website, you will be asked to consent to our use of cookies. By continuing to use our site without disabling cookies, you consent to our use of cookies in accordance with this Privacy Policy. Please note that disabling cookies may impact your experience or ability to make purchases on our website.

5. WEBSITE ANALYTICS

We may partner with third-party analytic companies, including Google Analytics. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access Our website, You must consent to the collection and use of Your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if You have questions. If You do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Google Analytics: You can opt-out of having Your activity on Our website made available to Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about Your visits to Our website. For more information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.

Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https://www.facebook.com/help/568137493302217.

You can learn more about Facebook’s Privacy Policy at: https://www.facebook.com/full_data_use_policy.

6. PROCESSING YOUR INFORMATION

For the most part, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us. So in many instances, it will be necessary for Us to transmit Your information to a third-party processor, as We do not have the capability to perform these functions. More detail on third-party processing is detailed below.

However, We may, from time to time, process Your data internally. The legal basis for this processing is both Your consent to the processing, Our need to conduct Our legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if We do, is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third parties. We may process the following data:

• Data associated with Your account, such as Your name, address, email address, and payment information.

• Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.

• Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.

• Data that You provide Us in the course of using Our services.

• Data that You post on Our website, such as comments or responses to blogs.

• Data that You submit to Us when You make an inquiry regarding Our website or offerings.

• Data related to Your transactions with Us, including Your purchase of Our goods or services. This information may include contact details and payment information.

• Data that You provide to Us when You subscribe to Our emails or newsletters, including Your email address and contact information.

• Data that You submit to Us via correspondence, such as when You email Us with questions.

• Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.

7. DATA RETENTION

We retain personal data as long as it is needed to to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask Us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by Us for any of the purposes listed above will be permanently deleted.

We will honor Your request to delete Your data, as described more fully below, unless We are required by law to retain access to the data. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third parties directly. You may request from Us a list of all third parties to whom We have transmitted Your data.

We may retain usage data (that is, data that is gathered by Our company or third-party analytics companies for the purpose of analyzing the use of Our website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless the data is necessary to improve the security or functionality of Our website or offerings, or We are legally obligated to retain the data for a longer period of time.

8. SENSITIVE DATA

We request that You do not submit any sensitive data to Us, via public postings, email correspondence with Us, or any other method, including social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Us this information, then by doing so You are consenting to Our use, storage, and processing of this information in accordance with this privacy policy.

9. DATA BREACH PROCEDURES

We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to Us.

By consent to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties.

We will notify You promptly of any known breach of Our security systems or Your data which might expose You to serious risk.

10. MINORS

This website is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact us so that We may delete that data.

11. YOUR RIGHTS

You have certain rights with respect to Your personal data, as outlined within this Privacy Policy. We may charge You a reasonable fee for actions that You ask us to take with respect to Your data. We also reserve the right to request that You provide us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.

• Update Account Information: You have the right to update or change any information You have provided to us. To update or delete Your information, please contact us at eli@flashpointphotography.com.

• Confirm Personal Data and Its Use: You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirm whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.

• Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with us, as described above, and You may not have full access to Our website.

• Opt-Out of Communications: If you do not wish to receive marketing communications from Us, you can unsubscribe via the link in an email you have received.

• Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

• Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.

• Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with us and You may have limited or no use of Our website.

• Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes.

• Processing: In some circumstances You may restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Doing so may result in the termination of Your account and loss of access to Our website.

• Complaints: You have the right to complain to a supervising authority if You believe We are misusing Your data or have violated any of Your rights under this Privacy Policy or applicable law.

12. NEWSLETTER AND MARKETING

By voluntarily providing us with certain information, such as your name and email address, you consent to our use of this data for email and marketing purposes, including but not limited to communication through email, Facebook ads, and Google Pay-Per-Click marketing campaigns. You may unsubscribe from future email communications at any time; however, we reserve the right to maintain a database of past email subscribers. We will use your information as reasonably necessary for our business operations and as permitted by law. Your information may be shared with third parties when required for the ordinary course of conducting our business, but we do not sell your information to third parties.

13. PRIVACY POLICY CHANGES

Although most changes are likely to be minor, We may change our Privacy Policy from time to time, and at Our sole discretion.

14. CALIFORNIA PRIVACY RIGHTS

The State of California has established its own unique regulations that apply to California residents.

As of its effective date of January 1, 2020 We are also compliant with the California Consumer Privacy Act Of 2018, Cal. Civ. Code §§ 1798.100 Et Seq. (CCPA).

Any California resident may request, free of charge, the personal information We have collected or stored about themselves or about a member of their household. For security purposes, We reserve the right to ask for verification of Your identity and proof of your California residency at the time of your request.

Any California resident has a right to request the personal data We have collected, or request deletion of the personal data We have collected, including but not limited to:

• Any personally identifying information, such as a real name, alias(es), mailing or resident address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident; and

• Commercial information, including products or services purchased, obtained, or considered, search history, interactions with Our website, or any other purchasing or browsing history of Our site and/or offer(s); and

• Site comments made publicly or privately; and

• Geolocation data; and

• Professional or employment-related information; and

• Education information.

We reserve the right to collect any of the above data on California residents and their households. We DO NOT plan on selling your data. Regardless, any California resident can email us at eli@flashpointphotography.com to explicitly request to opt-out of any such sale of data. California residents also have the option to request a full deletion of their account and any data We have collected and associated with them. We agree to comply with any data request or deletion made pursuant to the CCPA in a reasonable timeframe, during normal business hours and excluding holidays or Our pre-scheduled time off.

15. INTERNATIONAL PRIVACY AND GDPR DISCLAIMER

Our website is hosted on servers located in the United States of America. If you reside outside the United States, some of your data will be transferred internationally to and stored on these servers. We may also use third-party processors, including payment processors and subcontractors, located in the United States. By using this website and providing us with information, you consent to the transfer, processing, and storage of your data in the United States. Please be aware that the privacy laws in the United States may not be as strict as those in other countries. We take all reasonable steps to protect your data during transfer, including using reputable servers and third-party processors. However, the transmission of data via the internet is never completely secure, and we cannot guarantee the security of data sent electronically. Your transmission of data to us is at your own risk.

For EU residents, your data is protected by appropriate safeguards, including the EU-US Privacy Shield and GDPR. You have the right to object to the processing of your data at any time. Your information will not be shared with third parties in the EU.

By submitting your personal data, you agree to this transfer, storing, and processing, and we will take all reasonable steps to ensure your data is treated securely and in compliance with this Privacy Policy. Additionally:

• We may transfer data that we collect to locations outside of our headquarters for processing or storage, and the data may be processed by our staff or by third-party processors, such as when we engage third parties to fulfill orders. By submitting your personal data, you agree to this transfer, storing, and processing.

• Data that is provided to us is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.

• The transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically. Your transmission of data to us is at your own risk.

• Where data that you have transmitted to us is password-protected, you are responsible for keeping the password confidential. You are exclusively responsible for any breaches of your data that result from your own disclosure of or failure to protect your password.

16. Contact Information

For any questions regarding these Terms and Conditions, please contact us at:
eli@flashpointphotography.com