Terms of Use & Privacy Policy

By registering to use and access the Waldo Photos, Inc. (“Waldo”) websites located at waldophotos.com, waldo.pro and waldo.photos, the Waldo photo matching service, texting bot, and the Waldo mobile device applications (“Apps”) (together, the “Service”), you are agreeing to be bound by these Terms of Use (the “Terms”). The Terms and our Privacy Policy (waldo.photos/terms) govern your use of our Service. Please read these Terms carefully. Unless you opt out of arbitration in accordance with the instructions below within 30 days of first agreeing to these Terms, you are agreeing that we will resolve certain disputes between us in binding arbitration on an individual basis rather than in jury trials or class actions. See the Dispute Resolution section below for more details. If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Applicability of GDPR

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the General Data Protection Regulation (EU) 2016/679 (GDPR), the UK GDPR, or the Swiss Federal Data Protection Act (as applicable) applies to the processing of your personal data. This Terms of Use and Privacy Policy outline your rights and our obligations under these regulations. You can contact us directly at support@waldophotos.com for any GDPR-related inquiries. If we process personal data on behalf of a business user (e.g., as a processor for User Content), we will enter into a data processing agreement upon request.

Definitions

For purposes of these Terms and the Privacy Policy:

• Personal Data: Any information relating to an identified or identifiable natural person as defined under the GDPR (e.g., name, email, phone number, photos containing biometric data).
• Processing: Any operation performed on personal data, such as collection, storage, use, or disclosure.
• Controller: Waldo Photos, Inc., which determines the purposes and means of processing personal data.
• Processor: Any third party that processes personal data on our behalf (e.g., service providers for hosting or payment processing).
• Special Category Data: Personal data revealing racial or ethnic origin, health, or biometric data (e.g., facial recognition data), which requires explicit consent or another strict legal basis for processing.

Privacy Policy

Please refer to our Privacy Policy below and at https://waldo.photos/terms#privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Waldo and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Waldo and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Waldo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Waldo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Waldo under these Terms, including those regarding modifications to these Terms, will be given via: (a) email; (b) SMS, or (c) by posting to the Service. For notices made by e-mail and SMS, the date of receipt will be deemed the date on which such notice is transmitted.

Waldo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Waldo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Facial Recognition Technology

You agree that we may use facial recognition technology to allow us to identify photos on the Service in which you appear when you add a reference photo to the Service. For example, our facial recognition technology will compare your reference image with albums of photos to locate photos of you. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition technology. By using the Service and adding a reference image, you provide explicit consent to the processing of your biometric data (a special category of personal data under GDPR) for the purpose of identifying photos on the Service in which you appear. You can withdraw this consent at any time by contacting support@waldophotos.com, but this may limit your use of certain features. You represent that the reference image photo added by you to the Service is you (or a family member for whom you are the legal guardian or have their consent) and that you are not impersonating or misrepresenting yourself as any other person or entity. If you are a company and add reference images of your community, employees, customers, or others, you represent that you have received their explicit consent to the extent required in your jurisdiction, including under GDPR for EEA individuals. For more information on our use of facial recognition technology, please see our Privacy Policy.

Changes to Terms of Service

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not continue to use the Service. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion. For EEA users, material changes to these Terms will be notified at least 30 days in advance where possible, and you have the right to terminate your use of the Service without penalty.

Who May Use the Service

You may use the Service only if you are 13 years of age or older and are not barred from using the Service under applicable law. For EEA users, if you are under 16 years old (or the age of digital consent in your member state, which may be as low as 13), you must obtain verifiable parental consent before using the Service. We do not process personal data of children under 13 without parental consent. If providing evidence of consent, please email to parentalconsent@waldophotos.com.

Compliance with Laws

You agree to use the Service in compliance with all applicable laws, rules, and regulations in the jurisdiction(s) where you access or use the Service and where your Content is collected, processed, uploaded, shared, or otherwise made available. Without limiting the foregoing, you are solely responsible for: (a) obtaining and maintaining all rights, notices, authorizations, and consents required for your use of the Service and for any User Content you upload or provide (including, where applicable, parental/guardian consent for minors and any consents required for biometric or facial-recognition processing); (b) complying with applicable privacy, data protection, and communications laws (including, as applicable, GDPR/UK GDPR, U.S. state privacy laws, ePrivacy rules, TCPA, and CAN-SPAM); and (c) ensuring your use of the Service does not cause Waldo to violate any applicable law. If your use of the Service is prohibited by applicable law, you may not use the Service.

Registration and Your Information

If you want to use certain features of the Service you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Twilio Short & Long Code Terms of Service

1. When you provide your phone number opt-in to the service, we will send you an SMS message to confirm your signup.
2. By providing your phone number, you provide consent for us to send you SMS messages in response to SMS messages you send to us, such as when you send a reference image or code to us by SMS. In addition, by registering to use the service, you consent to receive SMS messages sent using an automatic telephone dialing system to inform you of opportunities to join or create albums relevant to you, receive matching photos or links to them based on a code you sent us, your location and proximity to photos taken or invitations from other users of the Service, including opportunities to purchase photos or other products and offers. This consent is based on contract performance for service-related messages and your explicit consent for marketing messages, which you can withdraw at any time.
3. You can cancel the SMS service at any time. Just text “STOP” to (512) 337-4563. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
4. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
5. If at any time you forget what keywords are supported, just text “HELP” to (512) 337-4563. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
6. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
7. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive periodic messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8. For all questions about the services provided by our texting bot, you can send an email to support@waldophotos.com.

For all questions about the services provided by our texting bot, you can send an email to support@waldophotos.com.

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at feedback@waldophotos.com. Any Feedback you provide which is incorporated into the Service, you agree is subject to a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to the Company.

Content and Content Rights

“User Content” means any photos, reference images (including selfies), videos, text, data, feedback, address-book contacts, or other materials that you upload, submit, or otherwise make available through the Service.

“Waldo Content” means any content made available by Waldo through the Service other than User Content, including the Service itself, software, algorithms, matching technology, features, designs, text, graphics, UI elements, and any other materials created or provided by Waldo.

“Content” means both User Content and Waldo Content.

Content Ownership

User Content.
You retain all rights, title, and interest in and to your User Content. Waldo does not claim any ownership rights in your User Content.

Waldo Content.
Waldo and its licensors own all rights, title, and interest in and to the Service and Waldo Content, including all associated intellectual property rights. Nothing in these Terms transfers any ownership rights in the Service or Waldo Content to you.

License You Grant to Waldo

By uploading or otherwise providing User Content through the Service, you grant Waldo and, where applicable, the owner/administrator of any gallery to which you submit User Content, a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, create derivative works from (such as thumbnails, crops, match previews, or slideshows), and display your User Content solely for the purpose of operating, improving, and providing the Service.

This includes, without limitation, using your reference images or selfies to perform identity-based photo matching on your behalf or on behalf of a gallery owner.

Waldo will not use your User Content for advertising or marketing without your express permission.
For address-book contacts you provide, Waldo will only use that information to perform actions you specifically direct through the app.

Your Responsibilities Regarding User Content

You represent and warrant that:

• you own your User Content or have the rights needed to grant the license above;
• your User Content and its use through the Service does not infringe, misappropriate, or violate any third-party rights;
• providing your User Content does not violate any applicable laws (including GDPR where applicable).
  You are solely responsible for your User Content.

Removal of User Content

You may delete your User Content from the Service at any time.
However, some copies may persist in routine backups for a limited period. For EEA users, the right to erasure applies as described in the Privacy Policy.

Waldo is not responsible for deletion failures caused by independent gallery owners or third-party recipients, where applicable.

Rights Granted to You by Waldo

Subject to compliance with these Terms, Waldo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Waldo Content solely for your personal, non-commercial use.

Fees for Services

You agree to pay Waldo any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through the site or mobile apps. Fees paid by you are non-refundable, except as provided in these Terms or when required by law, including under GDPR where applicable.

Specialty Event Subscription & Single Event Licenses

All Speciality Event Subscriptions and Single Event Licenses will include one or more of a specified storage limit, photo publishing limit, and / or limited hosting period as specified when purchased. By purchasing a Speciality Event Subscription or a Single Event License, you acknowledge the limits and agree to remove your content prior to the end of the hosting period or to activate a Recurring Subscription in order to continue to store such content on Waldo. Should the number of photos uploaded exceed the limits for a Single Event License, you agree to pay an overage fee for the additional photos published equal to the next highest tier plan.

Recurring Subscription (Plus, Premium, Photo Manager, and Photo Finder) Terms

Some of our Services are billed on a recurring subscription basis (we call these “Recurring Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Recurring Subscription.

Your use of Recurring Subscription Services is governed by these Recurring Subscription Terms, which are described in further detail below. The following points are particularly important:

• Recurring Subscriptions automatically renew until canceled.
• You may cancel your Recurring Subscription Service at any time by following these instructions in our Help Center, all subject to the terms below.
• Cancellation will cease auto-renewal of Recurring Subscriptions, but Recurring Subscription Fees are non-refundable except where required by law, including GDPR rights to withdraw consent or terminate contracts.
• The Access Period and cost of the Recurring Subscription Service you purchase are disclosed prior to purchase.
• We transfer your billing information to our payment processor(s) as disclosed in our Privacy Policy below.
• If you purchase a Recurring Subscription through an External Service, such as Apple, you must use the tools made available by those services to manage and/or cancel your Recurring Subscription.
• In most cases, Trial redemption requires you to provide us with a payment method that will be charged for a Recurring Subscription for the Access Period you elected at Trial redemption once the Trial Access Period expires. If you do not want a Recurring Subscription following the expiration of a Trial, follow these instructions in our Help Center to cancel your Recurring Subscription or contact Support before your Trial Access Period expires.
• Offers may be subject to additional limitations, which are generally presented to you at the time of offer receipt.

Read these Recurring Subscription Terms carefully before using the Recurring Subscription Services. These Recurring Subscription Terms (which include the other documents referenced below) constitute a legal agreement between you (“you” or “your”) and the Waldo entity issuing such services. The Waldo Terms of Use and the Waldo Privacy Policy (collectively, the “Waldo Agreement”), which you agreed to when you registered the Waldo service, also apply to your use of the Recurring Subscription Services and are incorporated by this reference as part of these Recurring Subscription Terms. If you purchase, register for, or redeem a Recurring Subscription Product through an External Service, such as Apple, you may also be subject to additional terms and conditions supplied by that service.

By purchasing and/or using a Recurring Subscription Service, and accessing or otherwise using any portion of the Recurring Subscription Services, you agree to be bound by these Recurring Subscription Terms, which contain liability limitations and an agreement to individual arbitration, all as detailed in the Waldo Terms of Use. These provisions control how disputes are resolved.

If you are not willing to be bound by these Recurring Subscription Terms, you should not purchase or use a Recurring Subscription Service, and you may not access or otherwise use any portion of the Recurring Subscription Services.

Taxes

Unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Waldo for the Services without any reduction for Taxes. If Waldo is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Waldo with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to Waldo, you must provide Waldo with an official tax receipt or other appropriate documentation to support such payments. If you use the Services to sell photographs or other services and are obligated, or elect, to collect Taxes from customers, including sales and use tax, on the Waldo platform you are responsible for all requirements, including registration, filing, and remittance to all applicable taxing authorities.When selling photos on Waldo, you will be asked to set your local and state tax rates, such rates will be applied to all transactions consummated on Waldo and remitted to you directly via Stripe Connect. You bear the sole responsibility for setting the appropriate rates and remitted all taxes collected to the appropriate tax authorities.

Price Changes

Waldo may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Waldo will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective. For EEA users, we will provide at least 30 days’ notice for material changes, and you may terminate without penalty.

Rights in App Granted by Waldo

Subject to your compliance with these Terms, Waldo grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own purposes in utilizing Waldo’s free or paid services. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Waldo reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

• These Terms are concluded between you and Waldo, and not with App Provider, and that, as between Waldo and the App Provider, Waldo is solely responsible for the App.
• App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Waldo.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Waldo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the App.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions and Waldo’s Enforcement Rights

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Service or any individual element within the Service, Waldo’s name, any Waldo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Waldo’s express written consent;
• Access, tamper with, or use non-public areas of the Service, Waldo’s computer systems, or the technical delivery systems of Waldo’s providers;
• Attempt to probe, scan or test the vulnerability of any Waldo system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Waldo or any of Waldo’s providers or any other third party (including another user) to protect the Service or Content;
• Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Waldo or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Waldo trademark, logo URL or product name without Waldo’s express written consent;
• Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity; specifically, you shall not submit a reference image which is not you and if you are a parent or legal guardian of a minor and choose to add reference images or photos in the Child Profile section of the app you shall only add faces which are your minor children or minors for whom you are their parent or legal guardian;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements, including GDPR. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Waldo respects copyright law and expects its users to do the same. It is Waldo’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Waldo’s Copyright Policy for further information.

Termination

We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at feedback@waldophotos.com. Upon any termination, discontinuation or cancellation of the Service or your Account, the following provisions will survive: Feedback, Rights in User Content Granted by You, General Prohibitions and Waldo’s Enforcement Rights, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, and Dispute Resolution. For EEA users, termination does not affect your GDPR rights, such as data portability or erasure.

Warranty Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WALDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WALDO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WALDO MAKES NO WARRANTY CONCERNING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE OR CONTENT. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING GDPR.

Indemnity

You will indemnify and hold harmless Waldo and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Service or Content, (b) your User Content, or (c) your violation of these Terms or any applicable law, rule, or regulation, including but not limited to privacy, data protection, biometric, communications, consumer protection, tax, or marketing laws; or (d) your failure to obtain or maintain any required rights, permissions, notices, or consents (including parental or biometric consent) in connection with your use of the Service or submission of User Content. This indemnity survives termination of your account and applies to the maximum extent permitted by applicable law. For users in the EEA, this indemnity does not apply to the extent prohibited by mandatory consumer protection law or GDPR.

Limitation of Liability

IN NO EVENT SHALL WALDO OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOST PROFITS, COMPUTER DAMAGE, SERVICE INTERRUPTION, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALDO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. FOR EEA USERS, NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH, PERSONAL INJURY, OR VIOLATIONS OF CONSUMER PROTECTION LAWS OR GDPR.

IN NO EVENT WILL WALDO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WALDO FOR USE OF THE SERVICE

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALDO AND YOU.

Mobile and Other Devices

Waldo currently provides our App and Service for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your Account information on Waldo within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Dispute Resolution

Governing Law

Interpretation of these Terms and any claim relating thereto shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. This Dispute Resolution section shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. For EEA users, disputes related to GDPR may be brought before the courts of your member state or the supervisory authority, and governing law is subject to mandatory consumer protection rules.

Agreement to Arbitrate

You and Waldo 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 Service or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) 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 (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Waldo with written notice of your desire to do so by email at feedback@waldophotos.com within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Waldo with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Waldo with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Waldo with an Arbitration Opt-out Notice, you acknowledge and agree that you and Waldo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action, representative, or private attorney general proceeding. Further, unless both you and Waldo 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, representative, or private attorney general proceeding. In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and cannot award relief that would affect other users. If this specific limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief is held unenforceable as to a particular claim for relief, then that particular claim (and only that claim) shall be severed from arbitration and resolved in court. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. For EEA users, this arbitration agreement does not apply to disputes under GDPR or consumer law, which may be resolved in your local courts.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med 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 general Demand for Arbitration and a separate Demand for Arbitration for California residents) 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. The arbitrator will decide all issues, except that issues regarding the arbitrability of claims, including disputes over the interpretation or enforceability of the limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief, shall be for the court to decide.

Arbitration Location and Procedure

Unless you and Waldo 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 Waldo 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. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Waldo 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, unless the arbitrator determines that either the substance of your claim or the relief sought in your Demand for Arbitration is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Fees

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 relief does not exceed $75,000 in value, Waldo 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)).

Changes

Notwithstanding the provisions of the “Modification” section above, if Waldo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@waldophotos.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Waldo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Waldo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Terms of Sale

Our Terms of Sale set forth contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.

License Agreements

Waldo enables certain users who own or otherwise have the right to license Media (the “Content Owner”) to use Waldo to facilitate the license of their Media to other Waldo users. All such licenses are made directly between the user and the Content Owner and are merely facilitated by Waldo. Any digital or print rights purchased by, or otherwise granted to, a Waldo user by a Content Owner provides such Waldo user with a personal use license unless explicitly stated otherwise. If you have any questions regarding Media licenses, please contact us at support@waldophotos.com.

Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray Waldo or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Waldo at any time. You may not frame the Site or utilize framing techniques to enclose the Site, Waldo Materials, Waldo Marks or other proprietary information without Waldo’s express prior written consent.

As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. Waldo does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.

Account Security

You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other Waldo users. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. Waldo provides security options and settings for your content available in the settings section of your applicable user account (the “Account Settings”), including the ability for you to designate certain portions of your account as unlisted, private, hidden or password-protected.

We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. Waldo is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify Waldo of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to Waldo. In the event of a personal data breach, we will notify the relevant supervisory authority within 72 hours and affected users without undue delay if the breach is likely to result in a high risk to your rights and freedoms, as required by GDPR.

Third Party Services

Waldo may make third party content and services available on or through the Services (“Third Party Services”) solely as a convenience to its users (for example, links to third party websites, software and other services). When you leave the Waldo Services, you should be aware that these Terms of Use and all other Waldo policies no longer govern your use of such websites and services or any content contained thereon.

Waldo does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Waldo Services. Waldo makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES. FOR TRANSFERS OF PERSONAL DATA TO THIRD-PARTY PROCESSORS, WE ENSURE THEY PROVIDE ADEQUATE PROTECTIONS UNDER GDPR, SUCH AS THROUGH DATA PROCESSING AGREEMENTS.

Advertisements and Promotions

The Services may contain third party advertisements and promotions generated or posted by Waldo users, Waldo Vendors or other third party service providers.

Your business dealings or interactions with any third parties, including the Waldo users or Waldo Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Waldo does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the Waldo Vendors. Waldo is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with Waldo users or a Waldo Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.

DISCLAIMER OF WARRANTIES

THE SITE, SERVICES, THE WALDO MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE WALDO MATERIALS, AND THE PRODUCTS.

WALDO DOES NOT REPRESENT OR WARRANT THAT THE WALDO MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM WALDO OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WALDO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOS. WALDO ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING GDPR.

Assignment

These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without Waldo’s prior written consent. Waldo will be permitted to assign its rights under these Terms of Use at its sole discretion.

International Users

Waldo is located in the State of Texas in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Waldo occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services. You are responsible for compliance with all applicable laws, rules, and regulations applicable to your use of the Services, as further described in the “Compliance with Laws” section above. Personal data transfers from the EEA to the US are protected using a valid GDPR transfer mechanism, such as Standard Contractual Clauses or, where applicable, the EU–US Data Privacy Framework (DPF). For more details, see the Privacy Policy.

Severability

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible affects the parties’ intent.

Survival

The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.

Questions or Comments

Waldo is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at support@waldophotos.com.

ADDITIONAL TERMS APPLICABLE TO PROFESSIONAL SERVICES (“PROFESSIONAL SERVICES TERMS”) 

You may use the Professional Services only in accordance with these Professional Services Terms (and the Terms of Use of which they are a part). In the event of any conflict between these Professional Services Terms and the other provisions of the Terms of Use, these Professional Services Terms will prevail with respect to the Professional Services.

Professional Services include, without limitation, WaldoPro, Photo Manager, Photo Finder, and any other paid professional or business-facing tools that Waldo designates as such.

Photo Manager

Photo Manager is available to users who register for a Photo Manager subscription at waldophotos.com or waldo.pro. You may receive a free trial (when available) and/or pay for a Photo Manager subscription.

When you use Photo Manager (whether under a free trial or paid subscription):

• You are solely responsible for all personally identifiable data you add to Waldo and represent that you have a lawful basis to process such data (including, where applicable, explicit consent under GDPR for biometric or marketing uses).
• You are responsible for securing proper, explicit consent from data subjects to send any communications through the Waldo communication platform, including SMS, email, and push notifications, before sending such communications, in compliance with GDPR and other applicable laws.

The Recurring Subscription Terms, Fees for Services, and Taxes sections of the Terms of Use apply to your Photo Manager subscription, including for EEA users’ GDPR-based rights around contract performance, withdrawal, and cancellation, as described there.

Photo Finder Credits

If you purchase Photo Finder Credits, such credits are valid for one (1) year from the date of purchase. Unused credits expire at the end of that period unless otherwise required by applicable consumer law (including in the EEA where relevant).

Storage Fees

Photo Manager subscriptions include a specified amount of storage as disclosed at the time of purchase. If you require storage in excess of the amount provided by your subscription:

• Additional storage fees may apply, at the then-current rates; and
  
• You authorize Waldo to charge such additional storage fees in accordance with the Fees for Services, Recurring Subscription Terms, and Taxes sections above.

You remain responsible for complying with GDPR and other applicable data protection laws in respect of any personal data stored.

Proceeds from Photo Sales & Waldo Platform Fees

If you use WaldoPro services to sell photos or other media (print or digital):

• You agree to pay Waldo platform fees on all sales conducted on the platform at the applicable agreed-upon rate.
  
• If you have a Stripe Connect account connected to your Waldo account, proceeds from photo sales will be disbursed to you directly via Stripe Connect.
  
• If you do not have a Stripe Connect account, your monies from photo sales will be remitted within 30 days of the end of the month following Waldo’s receipt of funds, unless otherwise agreed in writing.
  
• In the case of proceeds being remitted by Waldo, all sales proceeds will be Net Proceeds, meaning they are net of any merchant processing fees, shipping, handling, taxes, printing costs, and refunds.

You are responsible for ensuring your use of the platform and receipt of proceeds complies with applicable tax, consumer protection, and data protection laws (including GDPR where applicable).

Compliance with Local Laws

When using the WaldoPro platform to market and sell photos and videos, you agree to:

• Comply with all applicable federal, state, and local laws, rules, regulations, and industry standards, including privacy, data protection, consumer protection, marketing, and tax laws.
  
• Not use the Waldo Platform—including, without limitation, facial recognition matching technologies and SMS/email marketing features—in violation of any such laws, including GDPR for EEA data subjects, TCPA for U.S. SMS messaging, and CAN-SPAM for email where applicable. Specifically, if you upload user data into Waldo via Photo Manager or the Selfie Station iOS app, you warrant you have the consent of those whose data you upload into the system, including parental consent in the case of minors.
  
• Collect, report, and pay any and all sales, use, VAT, GST or similar taxes required in the jurisdiction(s) in which you use the Waldo Platform.

You acknowledge that, for GDPR purposes, you act as a data controller with respect to personal data you upload or otherwise provide to the Service in connection with your professional use. These obligations are in addition to, and do not limit, your responsibilities under the “Compliance with Laws” section of the Terms of Use, which applies to all users of the Service.

Print Lab Costs

If you sell photos on the Waldo platform, you must:

• Maintain an approved and active account with one or more of Waldo’s integrated lab partners; and
  
• Pay all fees charged by such lab(s) for printing and shipping orders placed by your customers in your Waldo galleries.

Waldo is not responsible for any fees, errors, or disputes arising between you and any lab partner.

Indemnification by Professional Users

In addition to the general Indemnity section of the Terms of Use, you specifically agree to defend, indemnify, and hold harmless Waldo, its affiliates, officers, directors, employees, and agents from and against any claims, demands, complaints, regulatory inquiries, actions, fines, penalties, liabilities, losses, damages, or costs (including reasonable attorneys’ fees) arising out of or relating to:

1. Your collection, upload, or provision of personal data to the Service without a lawful basis or necessary consent;
   
2. Your failure to comply with applicable privacy, data protection, or communication laws, including, without limitation, GDPR, the UK GDPR, TCPA, CAN-SPAM, ePrivacy rules, or similar regulations;
   
3. Any communications (SMS, email, push notifications, or otherwise) you initiate or direct through the Waldo platform without proper explicit consent or other lawful basis;
   
4. Your role as a data controller with respect to personal data you submit to the Service; or
   
5. Any breach of your representations, warranties, or obligations under these Terms or any data processing / controller–processor agreements with Waldo.

This indemnity survives termination of your account and remains in effect to the fullest extent permitted by law. For EEA users, this indemnity applies only to the extent permitted under GDPR and mandatory consumer law. This indemnity applies to any failure by you to comply with the “Compliance with Laws” obligations set forth in these Terms, including any representations or warranties you make regarding consent, lawful basis, or your role as a data controller.

Payment Information and Professional Fees

If you purchase a Professional Service subscription or other professional products or services, the collection and use of your Payment Information (e.g., credit card number, billing address, and related data):

• Is governed by the Privacy Policy and the Fees for Services, Recurring Subscription Terms, Taxes, and Terms of Sale sections above; and
  
• Is generally based on contract performance as a legal basis under GDPR, as described in the “General Terms” and “Applicability of GDPR” sections.

By submitting Payment Information, you warrant that you have the legal right to use the payment method provided.

“Professional Fees” are the fees associated with your use of Professional Services (e.g., WaldoPro, Photo Manager, Photo Finder, storage overages, platform fees), and are non-refundable except as required by applicable law (including GDPR-based consumer or contract rights in the EEA) or as otherwise expressly stated in the Terms.

Free Trials and Recurring Subscriptions for Professional Services

Professional Services such as Photo Manager and certain WaldoPro plans may be offered as Recurring Subscriptions and may include free trials.

• All free trials, automatic renewals, billing cycles, cancellations, and fee changes for such Professional Services are governed by the Recurring Subscription Terms and related sections above.
  
• For EEA users, automatic renewals, withdrawal of consent, and termination rights are as described in those sections and under applicable GDPR and consumer law.

To avoid duplication, the details in the Recurring Subscription Terms apply in full to Professional Services.

Interruptions or Discontinuation of Professional Services

Professional Services form part of the overall Waldo Service. Accordingly:

• Waldo’s rights to suspend, modify, discontinue, or cancel services;
  
• The disclaimers relating to availability, reliability, and interruptions; and
  
• The limitations on liability

are governed by the Changes to Terms of Service, Warranty Disclaimers, Limitation of Liability, and Recurring Subscription Terms sections above.

Without limiting those provisions, you acknowledge that Professional Services may be interrupted or discontinued from time to time, and Waldo will have no liability for any interruption, suspension, discontinuance, or unavailability of Professional Services, except as required by applicable law (including GDPR and consumer protection law in the EEA).

Termination of Professional Services

Termination and cancellation of your account or subscriptions are governed by the general Termination section and the Recurring Subscription Terms above.

In addition:

• Waldo may terminate or suspend your access to Professional Services, or your account, at any time for any reason, including nonpayment of Professional Fees or violation of these Terms.
  
• If Waldo terminates your Professional Services or account due to your breach, you are not entitled to any refund of Professional Fees already paid, except as required by applicable law (including GDPR or consumer law in the EEA where termination is due to Waldo’s breach or statutory rights).
  
• Upon termination, your access to Professional Services and related professional features will cease, and backup obligations below continue to apply.

Backup Policy

YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST, OR MAKE AVAILABLE THROUGH THE SERVICES (INCLUDING PROFESSIONAL SERVICES) AT YOUR OWN COST AND EXPENSE.

You remain responsible and liable for any losses or damages you incur from failure to maintain backup copies of your User Content. Waldo is not liable for any damages or losses that result from the loss or breach of your User Content in connection with your use of the Waldo Services, except as required by applicable law.

Waldo uses third-party vendors to host and store Media you upload through the Professional Services. While Waldo may require vendors to maintain certain standards, Waldo does not guarantee that your User Content will always be secure or available. Waldo does not guarantee that your User Content will remain available after termination or expiration of your Subscription.

When User Content or other files are deleted (or your account is canceled), those files will be deleted as soon as reasonably practicable under Waldo’s data destruction policies and cannot be recovered by Waldo or its vendors (including Amazon S3, if applicable). For EEA users, deletion and data destruction comply with GDPR requirements for secure erasure, subject to legal retention obligations.

Use of User Information

If, in connection with your use of the Professional Services, you obtain access to any Waldo user information—such as user names, mobile numbers, email addresses, or other personal data (collectively, “User Information”), whether directly from Waldo or through orders, galleries, or other Service features—you agree that:

• You may use such User Information only as specifically authorized by Waldo and solely for the purpose for which it was provided (e.g., fulfilling an order or communicating about a specific event);
  
• You may not share User Information with any third parties, except as expressly permitted by Waldo and in compliance with applicable law;
  
• You must not use User Information in any manner that would violate Waldo’s Privacy Policy, these Terms, or GDPR and other data protection laws.

In no event is Waldo obligated to provide you with User Information. This provision applies both during and after the term of your Subscription.

Independent Contractors

Use of the Professional Services does not create a partnership, agency, joint venture, or employee–employer relationship between you and Waldo. At all times, the relationship between you and Waldo is that of independent contractors.

You are responsible for all state, local, federal, or other taxes that you are obligated to pay in connection with your use of the Professional Services, without limiting your tax obligations described under Taxes and Compliance with Local Laws above.

ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)

These Terms of Sale form a part of the Terms of Use applicable to your purchase of any Photos or other Products through the Waldo Services. Other than as specifically provided in any separate written agreement between you and Waldo, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control.

Waldo facilitates your purchase of Photos or Products through the Waldo Services through its relationships with the Waldo Vendors. If you purchase Photos or other Products through the Waldo Services, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such Waldo Vendors and Waldo’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

Pricing; Payment Terms

In order to purchase Products through the Waldo Services, you are required to provide valid Payment Information as required by Waldo. Waldo may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon Waldo’s request. You agree to reimburse Waldo for any and all costs incurred in collecting amounts owed by you to Waldo or a Waldo Vendor, including, without limitation, attorneys’ fees and costs of collection agencies.

You are responsible for any taxes that you are obligated to pay or that Waldo may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Waldo reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Waldo may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

Product Downloads; Shipping Terms and Policies

Personal-Use License for Digital Downloads

When a user purchases or receives a digital download of a photo through the Waldo Services, the user receives a limited, non-exclusive, non-transferable license to use that photo solely for personal, non-commercial purposes, such as personal archiving, personal social media posting, personal printing, and sharing with family and friends.

No rights of reproduction, distribution, resale, commercial use, advertising use, or sublicensing are granted unless expressly stated by the Content Owner.
All copyright and intellectual property rights in the photos remain with the Content Owner. Waldo acts only as a platform facilitating the sale and delivery of such photos and does not grant or extend any intellectual property rights on behalf of the Content Owner.

If you purchase a Photo download, such download will be made available to you through the Services upon Waldo’s receipt of your valid Payment Information. If you purchase Photo prints or other physical medium Products (i.e., metals, canvasses or other photo merchandise), Waldo’s, through its designated lab partner, will use its commercially reasonable efforts (and our Waldo Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Waldo is not responsible for any delays in shipping. Waldo or the Waldo Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Please see our Shipping Charges for additional detail. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped to the FOB shipping point. Title to the physical medium of the Products passes from Waldo to you upon shipment. If an item in your order is temporarily out of stock, we may hold your order until it is complete prior to shipment.

Return Policy

Waldo unconditionally guarantees your satisfaction with any Products that you purchase through the Services. If you are unsatisfied with any Photos or other Products you have purchased from Waldo, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Waldo at support@waldophotos.com. Please do not contact your credit card company to dispute a charge before contacting Waldo. For EEA users, you have a 14-day right of withdrawal for digital content under consumer law, unless you have expressly consented to immediate performance and waived this right.

Product Availability and Pricing

Waldo or the Waldo Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.

Product Descriptions; Pricing; Errors

Waldo strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, pricing or other Waldo Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Waldo or a Waldo Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Waldo is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order. 

Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND WALDO’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND WALDO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR EEA USERS, STATUTORY WARRANTIES APPLY AS PER CONSUMER LAW.

Definitions

Capitalized terms used but not defined in these Terms of Use above will have the following meanings:

“Commercial Use License” means a licensing type in which the licensee is entitled to use the Photos subject to the commercial use license.

“Model Release” means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos.

“Personal Use License” means a licensing type in which the licensee is entitled to use the Photos subject to the personal use license.

“Property Release” means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos.

Copyright Policy

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Waldo has adopted a policy of terminating, in appropriate circumstances and at Waldo’s sole discretion, the accounts of users who are deemed to be repeat infringers. Waldo may also, at its sole discretion, limit access to Waldo’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Waldo will respond to claims of copyright infringement committed using Waldo that are reported to Waldo’s Designated Copyright Agent, identified in the sample notice below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorney’s’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Waldo Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Waldo’s Designated Copyright Agent.

Upon receipt of the Notice as described below, Waldo will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Waldo Services.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, and disclose information that we receive through our Service. The Waldo Photos, Inc. (“Waldo,” “us,” “we,” or “our”) website available at waldophotos.com, waldo.pro, waldo.photos, the Waldo mobile device application (the “App”) and the Waldo photo finding service (together, the “Service”) are owned and operated by Waldo. This Privacy Policy does not apply to any third party websites, services or applications, even if they are accessible through our Service. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Collection and Use of Information

Our Service is designed to help you more easily identify photos of yourself, to share those photos with other users, to connect and share photos with friends and other users, and in some cases purchase photos taken by professional photographers.

Our primary goals in collecting information is to provide and improve our Service, to administer your use of the Service (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Service.

User Consent

By accessing or otherwise using the Service, you agree to the terms and conditions of this Privacy Policy and the associated Terms of Service (set forth on waldo.photos/terms#privacy) you expressly consent to the processing of your Personal Information (as defined below) and Anonymous Information (as defined below) according to this Privacy Policy.

Your Personal Information may be processed in the country where it was collected and may also be transferred to, and stored on, computers located in jurisdictions outside your state, province, or country (including the United States). These jurisdictions may have data protection laws that differ from those in your country. If you are located outside the United States and choose to provide Personal Information to us, we may transfer and process that information in the United States.

For transfers of Personal Data from the EEA, UK, or Switzerland to the United States, we rely on Standard Contractual Clauses approved by the European Commission, supplemented with additional safeguards where required. We may also rely on other valid GDPR transfer mechanisms that become available in the future, such as participation in the EU–US Data Privacy Framework, if we choose to adopt them.

Regarding Children

Children under the age of 13 are not permitted to use the Service directly, and we do not knowingly collect Personal Information from children under 13 without verifiable parental consent. If we become aware that Personal Information has been collected from a child under 13 without such consent, we will delete that information from our systems.

Parents and legal guardians may add information and photos of their own children under 13 within the parent or guardian’s account for the purpose of identifying and delivering photos of the child at events they attend. In such cases, the parent or guardian represents that they are legally authorized to provide the child’s Personal Information.

For EEA users, we require verifiable parental consent for processing the personal data of children under 16 (or a lower age permitted by the applicable Member State). Where the processing involves special category data, such as biometric data used for facial recognition, we require explicit parental consent. Parents or legal guardians may provide such consent by emailing us at parentalconsent@waldophotos.com, following the Parental Consent Instructions below. We may request additional information as needed to verify that consent is being provided by the holder of parental responsibility.

Parents may withdraw consent at any time by contacting support@waldophotos.com. Withdrawal of consent may impact the availability of certain features.

Parental Consent Instructions

To provide parental consent for a child’s use of the Service or the processing of their Personal Data (including photos and biometric data used for facial recognition), please send an email to parentalconsent@waldophotos.com with the subject line “Parental Consent” and include the following information:

1. Your full name
   
2. Your child’s full name
   
3. The email address associated with your Waldo account
   
4. A statement confirming that you are the child’s parent or legal guardian
   
5. A statement granting consent for Waldo to process your child’s Personal Data, including photos, reference images, and, where applicable, biometric data for facial recognition, solely for the purpose of identifying, matching, and delivering photos through the Service
   
6. The date of consent
   
7. Your signature (typed or scanned)

We may request additional information if necessary to verify that you are the holder of parental responsibility or to satisfy applicable legal requirements.

Personal Information

In general, we collect information that can be used to identify you, such as your name, email address, and phone number (“Personal Information”) that you submit to us voluntarily through the Service, including Personal Information that you submit in the process of creating or editing your Account and user profile on the Service. For example, our registration and login process requires you to provide us with your name and mobile phone number or email address. This information is confirmed with pin code authentication or a previously created password.

When you personalize your profile and use the features of the Service, we will collect any Personal Information you voluntarily provide, and we may also request optional non-personal information to support your use of the Service, such as your year of birth, gender, and other demographic information. We refer to such information as “Anonymous Information” because it cannot be used by itself to identify you and therefore is not Personal Information. We collect information in the form of the User Content that you submit during your use of the Service, such as photos, comments, ratings, and other information you choose to submit.

We also collect the information you provide when you use the Service. This can include information in or about the User Content you provide, such as the location of a photo or the date a file was created. If you connect to us from a social network, we also will be able to access and collect Personal Information about you and your friends that your privacy settings on the social network permit us to access. For instance, we may collect your user ID or profile information that you have permitted to be displayed through the Service in order to display you as a friend or in association with your profile and collections.

When you purchase products or services, you will need to submit Personal Information such as your credit card number, postal address, or other payment information so that our photographer partner, print lab, and merchant processor can process your payment for the products and services and process the completion and delivery of the product in the case of prints or other physical goods.

Categories of Personal Data, Purposes, and Legal Bases

The legal bases listed in this section apply only to users located in the European Economic Area (EEA), United Kingdom, or Switzerland, where the General Data Protection Regulation (GDPR), UK GDPR, or Swiss data protection law requires us to identify a lawful basis for processing personal data.

For users outside GDPR regions, we process personal information according to applicable local laws (such as U.S. state privacy laws) and our contractual obligations to you, but explicit consent for biometric data is only required where mandated by local law.

DATA CATEGORY: Identity Data
Examples: Name, email, phone number
Purpose: Account creation, authentication, communications
Legal Basis (GDPR regions): Contract performance; Consent for marketing
Retention: Active account + 1 year

DATA CATEGORY: Profile Data
Examples: Reference images, photos, comments, ratings
Purpose: Photo matching, personalization
Legal Basis (GDPR regions): Contract performance; Explicit consent for biometric processing (where applicable)
Retention: 1 year for facial data; until deletion request or account closure

DATA CATEGORY: Technical Data
Examples: IP address, browser type, device info
Purpose: Service operation, analytics, security
Legal Basis (GDPR regions): Legitimate interests (improving service; fraud prevention)
Retention: Up to 2 years

DATA CATEGORY: Location Data
Examples: Geolocation (if enabled)
Purpose: Identifying nearby photos
Legal Basis (GDPR regions): Consent
Retention: Until disabled or deletion request

DATA CATEGORY: Payment Data
Examples: Credit card details, billing address
Purpose: Processing payments
Legal Basis (GDPR regions): Contract performance
Retention: As required by processors (typically 7 years for tax/accounting)

DATA CATEGORY: Biometric Data
Examples: Facial recognition data (templates derived from reference images)
Purpose: Photo identification
Legal Basis (GDPR regions): Explicit consent
Retention: 1 year or until withdrawal/deletion

DATA CATEGORY: Usage Data
Examples: Cookies, logs, URLs
Purpose: Analytics, ad targeting
Legal Basis (GDPR regions): Consent (for non-essential cookies); Legitimate interests
Retention: Up to 2 years or until consent withdrawal

Use of Facial Recognition Technology

When you add a reference image photo to the Service, we will use facial recognition technology to allow us to identify other photos on the Service in which you appear. For example, our facial recognition technology will compare your reference image with albums of photos to locate photos of you. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition and matching technology.

By using the Service and adding a reference image, you provide explicit consent to the processing of your biometric data to identify photos on the Service in which you appear. You represent that the reference image photo added by you to the Service is you and that you are not impersonating or misrepresenting yourself as any other person or entity. You may only use the Service on behalf of another individual if you are the parent or legal guardian of a minor child and you shall only add reference images or photos of minor children for whom you are their parent or legal guardian or for whom you otherwise have appropriate legal authority or consent.

We do not sell, trade, or rent any Personal Information derived from our use of facial recognition technology. As detailed below, we use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information, including information derived from our use of facial recognition technology, from unauthorized access, use, or disclosure. We may provide secure access to this information with third-party service providers who work on our behalf to administer and provide certain components or features of the Service.

Our retention and deletion practices for biometric data are described in the Biometric Privacy Notice section below.

Biometric Privacy Notice

Waldo uses facial recognition technology to help identify photos in which a user appears when the user (or their parent/legal guardian) uploads a reference image. This technology operates by generating a mathematical representation (a “template”) of facial features from the reference image.

Biometric Data We Collect

• Reference images you upload
  
• Facial feature templates generated from those images
  
• Confirmation/correction data you provide when approving or rejecting matches

Purpose of Processing

We use biometric data solely to:

• Identify photos in which you (or your child) appear
  
• Deliver matched photos to you
  
• Improve the accuracy of photo matching features that you voluntarily use

We do not use biometric data for advertising, general marketing profiling, or law enforcement purposes.

Legal Basis (GDPR Regions Only)

For users in the EEA, UK, and Switzerland, biometric processing is based on explicit consent under GDPR Article 9(2)(a).

Consent Requirements (U.S. and International)

We obtain consent when required by applicable law. For Illinois residents, we only process biometric identifiers when a professional customer (e.g., a school, camp, league, or photographer) affirmatively confirms that BIPA-compliant consent and release have been obtained (see “U.S. State Biometric Laws” below).

Disclosure of Biometric Data

We do not sell, trade, or share biometric data with third parties for their own purposes. We may disclose biometric data only to:

• Cloud providers and similar vendors acting as our processors
  
• The owner/administrator of the gallery to which a user submits their photos, as part of the Service delivery

All processors are contractually prohibited from using biometric data for any purpose other than providing services to Waldo.

Retention and Deletion

GDPR Regions (EEA, UK, Switzerland)

For users located in GDPR jurisdictions, we retain biometric data (such as facial recognition templates derived from reference images) only for as long as necessary to provide the Service or as required by law. Unless a shorter period is requested, biometric data is deleted within 12 months after your account becomes inactive, after you disable photo matching, or after you withdraw consent.

You may request deletion of biometric data at any time.

Non-GDPR Regions (United States, Canada, Australia, etc.)

For users outside GDPR jurisdictions, we retain biometric data for as long as your account remains active and the data is necessary to provide the Service, including photo identification and delivery features. If you delete your account or disable photo matching, biometric data is deleted within 12 months, or sooner upon request.

Professional / Organizational Accounts (Schools, Camps, Photographers, Leagues, etc.)
If a professional user uploads reference images or other biometric identifiers on behalf of their participants, they represent and warrant that:

• They have obtained all consents required under applicable law;
  
• They have provided all required notices to data subjects; and
  
• They have verified the identity and authority of the individual providing such consent.

Waldo processes such data as a service provider/processor and deletes biometric data as required by our data processing and retention schedules.

U.S. State Biometric Laws (Illinois, Texas, Washington)

Illinois (BIPA)

 We do not provide biometric matching features to Illinois residents unless a professional customer (e.g., a school, camp, league, or photographer) expressly represents and warrants to Waldo that they have:

• Obtained written, informed consent from each individual (or their parent/legal guardian for minors);
  
• Provided all legally required biometric notices; and
  
• Secured a valid release consistent with the Illinois Biometric Information Privacy Act (“BIPA”).

If such representations are not made, Illinois users cannot use facial recognition or biometric matching features. Waldo does not rely on implied consent in Illinois.

Device Information

We collect information from and about the computers, phones, or other devices where you install or access the Service, depending on the permissions you have granted. We may associate the information we collect from your different devices to provide a better or more consistent experience.

Location Information

When you use our App, we may collect and store information about your location to improve and personalize our Service for you, such as to identify photos of you near a particular location. If you do not want us to collect location information, you may disable that feature on your mobile device. However, if you disable the location services feature on your mobile device after using the App, we cannot remove any historic location data unless you delete your Account. Location processing is based on consent.

Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered, companies with whom we have partnered with or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and SMS

If you send an e-mail or SMS to us, or fill out our “Feedback” form through the Service, we will collect your email address or mobile number and the full content of your e-mail or SMS, including attached files, and other information you provide. We may use and display your full name and email address or mobile number when you send an email or SMS notification to a friend through the Service or the social network from which you have connected to the Service (such as in an invitation, or when sharing your content). Additionally, we use your email address or mobile number to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address or mobile number to contact you, for things such as notifications of photos you’ve been found in, opportunities to purchase the photos, or limited time promotional opportunities. You may indicate your preference to stop receiving further promotional communications as further detailed below. Marketing communications are based on consent.

Information Collected Automatically

To meet your special interests and needs, and to analyze (and have third parties analyze) the information to improve, customize and enhance our Service, certain information about how you use our Service may also be passively collected and stored on our, or our service providers’ server logs, including your Internet protocol address, browser type, and operating system. We also use navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Service you clicked. This type of information is collected to administer the Service, to make the Service more useful to you.

An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access the Service to assist with ad targeting.

“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to tell us how and when you interact with our Services, to monitor aggregate usage and web traffic routing on our Service, to improve our Service, and to provide you with a more personal and interactive experience with the Service. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our Service, your web browser must accept Cookies. If you choose to disable Cookies, some aspects or features of the Service may not work properly, and you will not be able to receive our Service. We use essential cookies for functionality (legitimate interests) and non-essential cookies (e.g., analytics, ads) only with your consent. You can manage cookie preferences via our cookie banner.

Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.

Personal Information you submit to us is used by us to provide you access to the Service, to improve the Service, to better tailor the features, performance, and support of the Service and to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request. Additionally, we do share your content preferences and other information with companies and persons you have asked us to share your information with.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to administer and provide some of the services and features of the Service and to help us communicate with you. Examples of such services include sending email and SMS, analyzing data, providing marketing assistance, processing payments (including credit card payments), quality control (such as manually or mechanically comparing reference images with photo matches to determine the accuracy of matches), creating biometric identifiers and providing customer service. We require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us and not to disclose or use your Personal Information for any other purpose. We may also share aggregated information and Anonymous Information with third parties for research and analysis, demographic profiling and other similar purposes.

We may share some or all of your Personal Information with our third-party partners, namely those partners who own the events you join or other third-parties about whom you are otherwise notified and do not request to opt out of such sharing. This Privacy Policy does not cover the use of your Personal Information by such third-parties. We do not maintain responsibility for the manner in which third parties, including, without limitation, social networks, other partners and advertisers, use or further disclose Personal Information collected from you in accordance with this Privacy Policy, after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use the Service.

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control, we may in the future, and we may share some or all of your Personal Information with these companies, in which case we will require them to honor this Privacy Policy.

Information that we collect from our users, including Personal Information, is considered a business asset. In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy. For EEA users, we will notify you of such transfers and ensure continued GDPR compliance.

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties if we believe in good faith that such disclosure is necessary or appropriate to (a) comply with relevant laws and to stop any activity that we consider illegal, unethical, or legally actionable activity; (b) to respond to claims, subpoenas or warrants served on us; or (c) to protect and defend our rights, property, and safety and the rights, property, and safety or you or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein. Disclosures for legal compliance are based on legal obligation.

The Ability of others to View your Information

Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use the Service, certain information you post or provide through the Service, such as your name, profile, comments, posts and ratings, may be shared with other users and posted on publicly available portions of the Service. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through the Service, this information may become publicly available and may be collected and used by others, including people outside the Waldo community. We will not have any obligations with respect to any information that you post to parts of the Service available to others, and recommend that you use caution when giving out Personal Information to others in public forums online or otherwise. We also share the information you publish with other third parties as set forth in this Privacy Policy.

Responding to Do Not Track Signals

Our website does not have the capability to respond to “Do Not Track” signals received from various web browsers. However, you can manage tracking via our cookie consent tool.

Third Party Sites and Advertising

The Service may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. Any information that you provide on or to a third party website or that is collected by a third party service is provided directly to the owner or operator of the third party website or service and is subject to the owner’s or operator’s privacy policy. We encourage our users to read the privacy statements of each and every website they visit and service they use. This Privacy Policy applies solely to information collected by us through the Service and does not apply to these third-party websites. The ability to access information of third-parties from the Service, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Service.

Under GDPR, you have the following rights regarding your personal data:

• Access: Request a copy of your data.
  
• Rectification: Correct inaccurate data.
  
• Erasure (“Right to be Forgotten”): Delete your data under certain conditions.
  
• Restriction: Limit processing in specific cases.
  
• Data Portability: Receive your data in a structured format and transfer it.
  
• Objection: Object to processing based on legitimate interests or for marketing.
  
• Withdraw Consent: At any time, without affecting prior processing.
  
• Automated Decision-Making: Not be subject to decisions based solely on automated processing (we do not use this).

To exercise these rights, contact support@waldophotos.com. We will respond within one month (extendable to three months for complex requests). You also have the right to lodge a complaint with your local supervisory authority (e.g., list at https://edpb.europa.eu/about-edpb/board/members_en). For U.S. matters, you may also contact your relevant state attorney general; for GDPR matters, your national data protection authority is the appropriate contact.

We may periodically send you free newsletters and e-mails that directly promote our Service. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).

Despite your indicated email preferences, we may send you administrative emails regarding the Service, including, for example, matching photo alerts, administrative confirmations, notices of updates to our Privacy Policy or Terms of Service, and information about billing if we choose to provide such notices to you in this manner. You will not be able to opt-out of those communications.

You may change any of your profile information, including any Personal Information associated with your Account, by editing it in the profile settings page. You may request deletion of your Personal Information and Account by contacting us at support@waldophotos.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

Security

We are committed to protecting the security of your Personal Information. We use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information from unauthorized access, use, or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information. Accordingly, we cannot guarantee the absolute security of any information.

Contact and Revisions

Any information that is collected via our Service is covered by the Privacy Policy in effect at the time such information is collected. This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we collect, use, or disclose your Personal Information, we will post an alert on this page and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. If you object to any such changes, you must cease using the Service. Continued use of the Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. For EEA users, material changes affecting your rights will require your consent where necessary.

If you have any questions about these Terms or the Service or this Privacy Policy, please contact Waldo at support@waldophotos.com