Terms and Conditions and Privacy Policy for f8 Affiliate Program Participants
TERMS AND CONDITIONS
The following Terms and Conditions apply to f8 Affiliate Program Participants. By registering for an Affiliate account with f8 and accepting individual f8 Job Orders, you agree to be bound by these terms and conditions and privacy policy in addition to any related documentation that may be required to participate in the program.
[1] Program Eligibility: The f8 Affiliate Program is available to any professional photographer who is legally eligible to work in the United States and who has the required equipment, experience and aptitude to perform the services offered by f8 Real Estate Media, LLC (“f8”). Registered Affiliates are required to operate as separate entities that conduct business with f8 in their capacity as independent contractors on a work for hire basis. As such, Affiliates are required to provide their own equipment, transportation and work attire. They are further required to carry vehicle and general liability insurance for their business, and to name f8 as an additional insured party on their general liability insurance policy. They are required to perform services according to standard industry best practices
[2] Background Checks: f8 reserves the right to perform background checks on prospective Affiliates to ascertain the Affiliate’s ability to perform the services required in accordance with all applicable laws.
[3] Third Party Services: Affiliates are encouraged to build their own business in the real estate industry, and to supplement their work in the real estate industry with other lines of business including event photography, portrait photography, wedding photography, product photography, retail/restaurant openings, etc.
[4] Referral Program: f8 operates a referral program for services it does not offer including but not limited to event photography, portrait photography, wedding photography, product photography and retail/restaurant openings. When clients request such services, f8 will make every reasonable effort to refer those clients to Affiliates who are qualified to provide those services. Projects referred to the Affiliate are the sole responsibility of the Affiliate including capture and delivery of the media directly to the client. Compensation will be paid directly from the client to the Affiliate and f8 is not responsible for remuneration for services referred in this way. Also, f8 does not charge the Affiliate a referral fee for these referrals. Affiliates are authorized to communicate directly with the client for purposes of the referred services, but otherwise the non-solicitation provisions outlined in the Terms and Conditions apply with respect to services that f8 does offer.
[5] Access to Educational Materials: f8 makes training materials freely available to Affiliates to enhance their skills to perform services according to standard industry best practices. These resources may be provided by third parties from time to time (e.g., Cubicasa, Matterport). The learnings enabled by these training materials can be applied to the Affiliate’s work performed for other media services providers or for the Affiliate’s own clients to improve their overall skill levels.
[6] Equipment Requirements: Affiliates are required to purchase and maintain their own separate equipment. This equipment must meet the minimum standard expected in the industry to perform the services that are provided to f8. For example, to provide aerial photography services, the Affiliate must have a drone that meets industry standards to provide that service. All equipment must be monitored and maintained according to standard industry best practices and manufacturer instructions to ensure the best performance of the equipment.
[7] Competency Requirements: Affiliates are required to demonstrate competencies in the services provided to f8. Demonstration of competency means demonstrating the specific capabilities to perform a service according to standard industry best practices, usually by providing samples of prior work.
[8] Entity Requirements: Affiliates are required to declare to f8 the entity type that applies to their business: Individual, Sole Proprietor, Partnership, LLC or Corporation.
[9] Insurance Requirements: Affiliates are required to provide for their own insurance, including but not limited to the types of insurance policies listed below. Affiliates certify that they have active, unexpired insurance policies in place while performing services for f8. For general liability insurance specifically, Affiliates are required to furnish f8 with an Acord Certificate that names f8 Real Estate Media as an additional insured party.
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Motor Vehicle Insurance according to local statutes
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General Liability Insurance
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Unmanned Aerial Vehicle (“Drone”) Insurance (only if providing aerial services)
[10] Affiliate Profile: f8 maintains a profile for each program participant. Affiliates are required to keep certain information updated in their profile by informing f8 of any changes to the information supplied to f8 when registering to participate in the f8 Affiliate program. Required information includes: First Name, Last Name, Email Address, Phone Number, Business Address, Emergency Contact Name, Emergency Contact Phone Number and Entity Type. Optional information includes: Business Name, Bio, Additional Services I Provide (for Referral Program), Links to Affiliate’s Business Websites and other fields that may be added from time to time.
[11] Work for Hire: Any and all ideas, proposals, plans, creations, intellectual property, works of authorship, and other contributions, specifically including photographic images, videos, sounds, data, illustrations, drawings and/or other content in any format or medium now existing, or created in the future, provided by Affiliates to f8 pursuant to the terms of the Independent Contractor Agreement signed by the Affiliate (herein collectively referred to as “Creations”), whether or not copyrighted or copyrightable, conceived, made, developed, created or acquired by Contractor, either individually or jointly, and which relate in any manner to the Services (whether developed at f8 facilities, at Contractor’s home or principal place of business, or elsewhere), shall be deemed to be a work made for hire, owned by f8 in perpetuity at no further cost or expense to f8, and Contractor shall not have an ownership interest in such Creations. To the extent that this provision does not effectively transfer such rights, Contractor does hereby sell, assign, and transfer to f8 and/or its members, partners, owners, agents, clients and employees, Contractor’s entire right, title and interest (worldwide) in and to such Creations and all intellectual property rights thereto, and/or grants to f8 a worldwide irrevocable, non-exclusive, assignable, royalty-free license for use of the Creations in all form of media including: digital and print marketing, advertising of real property for sale or lease; websites and/or other forms of social media used in any capacity by f8, or its members, partners, owners, agents, clients and employees; any Multiple Listing Service (“MLS”) and/or derivative postings and websites which have legal authorization from the MLS to republish or reproduce those sounds and/or images; digital and print image advertising and marketing, including but not limited to articles/blogs of third parties for the promotion of f8 or its members, partners, owners, agents, clients and employees; advertising of “sold” real property; and gifts of images and/or sounds to third party owners whose properties the images and sounds were taken. Contractor also grants f8 the right, but not the obligation, to use Contractor’s name, voice, photograph and likeness in connection with and related to the Services. Contractor shall have no right or interest in, or permission to use the f8 logo and/or any other intellectual property associated with f8.
[12] Independent Contractor Agreement: It is f8’s and Contractor’s intent that at all times Contractor shall be acting and performing services as an independent contractor. The Independent Contractor Agreement between the Affiliate and f8 shall not be construed to create between Contractor and f8 an employment relationship, or the relationship of joint venturers, partners, or any other similar relationship, the existence of which is hereby expressly denied by each party. Except as f8 may expressly authorize in writing, Affiliates shall not have any authority to bind f8, and f8 shall not be liable to any third party in any way for any engagement, obligation, contract, representation or transaction of Contractor. Contractor is an independent contractor engaged in Contractor’s own and entirely separate business.
[13] Non Disclosure Agreement: Affiliates are required to execute a Non Disclosure Agreement that protects f8’s intellectual property, trade practices and trade secrets from being disclosed to any third parties. Affiliates must maintain in confidence and will not disclose, disseminate or use any confidential information belonging to f8, whether or not in written form.
[14] Non Solicitation: While Affiliates are encouraged to build their own business in the real estate industry, Affiliates are prohibited from soliciting business from clients who are introduced to the Affiliate by f8 via a Job Order for services provided to f8. All communications between Affiliates and clients outside the appointment window for the Job Order must be facilitated by f8.
[15] Control Over Time: Affiliates maintain absolute control over their time and have unlimited autonomy to determine their availability for services provided to f8. This means that Affiliates can communicate their lack of availability to f8, and they have sole discretion to accept or decline Job Orders that are offered to them.
[16] Job Orders: Job Orders are offered to Affiliates in an Appointment Request that is delivered by email and via a free mobile app. The Appointment Request provides the unique terms for the Job Order along with the details required to perform the service including the client name, date, time, location, access instructions, appointment instructions, services to be performed and compensation for the services (“Payout”). The Job Order contains terms and conditions specific to the service being performed and Affiliates are encouraged to review this information carefully prior to accepting the Job Order. Affiliates can accept or decline individual Job Orders at their sole discretion. Once a Job Order is accepted, Affiliates are expected to arrive on time for the appointment, behave courteously and professionally, and to perform the services according to standard industry best practices.
[17] Travel Compensation: Unless notified otherwise, travel compensation will not be applied to the Job Order. For appointments involving travel that is greater than usual with respect to time and/or distance, travel compensation will be offered to the Affiliate. The exact amount of travel compensation being offered will be communicated to the Affiliate via the Job Order. As with any Job Order, Affiliates maintain sole discretion to accept or decline Job Orders that involve travel compensation.
[18] Calendar Sharing: f8 facilitates calendar sharing in its system that enables Affiliates to grant access to their personal calendar for scheduling purposes. This makes it more efficient and convenient to determine availability for Job Orders. Once granted, Affiliates can revoke access to their personal calendar at any time.
[19] SMS Notifications: f8 has incorporated Short Message Service (SMS) into its notification system (commonly referred to as text messages). By opting in to the SMS Notifications program, you agree to receive automated transactional and appointment notifications. Message and Data rates may apply. Reply STOP in your text application to stop receiving messages. You can unsubscribe at any time for any reason.
[20] Mobile App: We have created a mobile application that provides for many of the same functionality that can be found in our web application. The mobile application uses the same login credentials and user interfaces from the web application and can therefore be considered an extension of the web application and these Terms and Conditions extend to the mobile application.
[21] Performance of Services: Affiliates are required to perform the services listed in the Job Order according to standard industry best practices. The services apply only to the subject property in the order and does not include off site locations and nearby amenities. The service includes common area amenities for Planned Unit Developments (PUDs) subject to gaining access to these amenities that must be facilitated by the client. Affiliates are expected to provide service with the property in its “As Is” condition at the time of the appointment. Client is responsible for completely preparing the home for the service(s) prior to the start time of the appointment. Client agrees not to schedule other vendors to be present while Provider is scheduled to provide services. Affiliates should not include images of people, pets or animals in the performance of services. If the property is not completely ready for the services, or if there are material obstacles to providing services, f8, in consultation with the Affiliate, will either request Affiliate to service all or part of the home in its “As Is” condition on a best efforts basis, or cancel the appointment subject to all applicable cancellation policies. If unsafe conditions prevent the Affiliate from servicing the property, the Affiliate at their sole discretion can cancel the appointment and retreat to safety. In such circumstances, the Affiliate is advised to contact law enforcement first and then contact f8 to communicate the circumstances of the incident when it is safe to do so.
[22] Delivery of Media: In order to deliver the services to the client on a timely basis, all media is due two (2) hours after the end of your last appointment performed for f8 of the day. If the service is a Twilight Photography order, upload the media from daytime orders prior to the Twilight appointment if there is a gap of at least two hours between the end of your last daytime appointment and the Twilight Photography appointment. Media is delivered to f8 using the applicable delivery method indicated in the Job Order.
[23] f8 Stock Terms: f8 Stock is a repository of photos of landmarks, destinations, signage, downtowns and other well-known amenities that can be found in a local community. From time to time, f8 will offer a Job Order to capture stock images in a location that is desired in the f8 Stock repository. Due to the unpredictable nature of stock photography, Affiliates create these stock images on a speculative basis. When the stock images are offered to f8 for review, f8 will make a determination as to the desirability and merchandising potential for the images, and will compensate the Affiliate only for the images that are purchased. Images that are purchased from the Affiliate become the sole property of f8 and are subject to the same Work for Hire provisions described herein. f8 agrees not to use images that are not purchased from Affiliates in its f8 Stock repository. Affiliates are free to sell or dispose of images not purchased by f8 in any manner whatsoever.
[24] Payments: Payments for services rendered by affiliated contractor vendors are generated on a weekly basis via ACH or physical check on Mondays for the prior week (Monday through Sunday). Payments and funds availability may be delayed due to federal holidays and other holidays observed by financial institutions (“bank holidays”). f8 is not responsible for delays and holds on funds instituted by third party financial institutions. If directed by a valid government agency to withhold funds from the payments, f8 will comply with the order and communicate the withholding status clearly and promptly to the affected Affiliate.
[25] Incidents: If Affiliates encounter any problems or difficulties while performing the service, or if a client or their representative have requested you to perform services outside the scope of the services in the Job Order, contact f8 right away. If there was any sort of confrontation experienced while performing the service, contact f8 right away whether the confrontation was with a client, tenant, owner, property manager, neighbor, etc. If there has been any property damage, whether it involves the subject property, the HOA’s property, the tenant or owner’s property, the client’s property or the Affiliate’s own property, contact f8 right away. If faced with an emergency situation, contact 911 first, then contact f8 when it is safe to do so.
[26] Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws provisions. ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN CONTRACTOR AND F8 (INCLUDING ITS MEMBERS, PARTNERS, OWNERS, EMPLOYEES, CONSULTANTS, ATTORNEYS, SUCCESSORS, HEIRS, AND ASSIGNS) THAT ARISE OUT OF, OR ARE RELATED IN ANY WAY TO THE AGREEMENT AND/OR CONTRACTOR’S PERFORMANCE OF THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives the termination of the Agreement. Any dispute shall be addressed in the following manner: first, through good-faith negotiation between the parties; second, through a voluntary mediation paid for by f8 and administered by a mediator approved by the parties; and third, if still not resolved, by final, binding and confidential arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules & Mediation Procedures then in effect. Copies of these rules are available at https://www.adr.org. The AAA’s rules will govern the amount and allocation of fees for the arbitration. The arbitration will take place in (1) San Jose, California, (2) if Contractor elects, in the county in which Contractor performed the Services at the time that the dispute arose, or (3) at another location agreed to by the parties or if the parties cannot agree, at a location designated by the arbitrator as a location convenient to both parties. f8 will pay any costs that are unique to the arbitration process, including fees for the arbitrator’s time and use of an arbitration forum. Contractor will pay any costs required to pay under the AAA rules that would be imposed in a judicial forum, but in no event shall the AAA filing fee that Contractor is responsible for paying exceed the filing fees that Contractor would have paid if the Contractor had filed a complaint in court. Both parties are responsible for retaining their own attorneys. The arbitrator shall have authority to award monetary damages and any and all other individualized remedies that would be available in court, and the arbitrator’s decision of whether or not to award such damages and remedies shall be based on the statute or common law upon which the arbitrated claim(s) is/are based. The arbitrator shall have authority to award to the prevailing party reasonable costs and attorneys’ fees incurred in either bringing or defending an action under this Agreement, to the extent such costs or fees would be recoverable under the law or statute giving rise to the claim(s) arbitrated. The arbitrator will issue a written decision that memorializes the essential findings of fact and law and the conclusions upon which the arbitrator’s decision and the award, if any, are based. As part of the arbitration, the parties will have the opportunity for reasonable discovery of relevant non-privileged information. The arbitrator, in his or her sole discretion, may permit any discovery necessary to allow either party to have a fair opportunity to pursue that party’s claims and defenses. ANY AND ALL CLAIMS IN ARBITRATION SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS OR COLLECTIVE BASIS. The arbitrator shall not preside over, any form of class or collective proceeding. Neither Contractor nor f8 may seek, nor may the arbitrator award, any relief that is not individualized to the claimant, or that affects other contractors. Notwithstanding any other provision of this Arbitration Agreement, the scope, applicability, enforceability, revocability or validity of this section may be resolved only by a court of competent jurisdiction and not by an arbitrator. If a court decides that applicable law does not permit the enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. F8 AND CONTRACTOR EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL, AND AGREE THAT THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING ON BOTH PARTIES. CONTRACTOR AND F8 UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS MUTUAL ARBITRATION AGREEMENT, INCLUDING ITS WAIVER OF JURY TRIALS AND CLASS/REPRESENTATIVE ACTIONS.
Questions and Comments
If you have questions or comments about our Terms and Conditions, please contact us by calling +1-408-333-9606.
PRIVACY POLICY
The following Privacy Policy applies to f8 Affiliate Program Participants:
Introduction
This Privacy Policy summarizes what information f8 Real Estate Media, LLC (“we”, “us”, “our”) might collect from a registered user or other visitor (“you”, “your”), and what we will and will not do with it. Please note that this Privacy Policy does not govern the collection and use of information by companies that we do not control, nor by individuals not employed or managed by us.
Personal Information We Collect
It is always up to you whether to disclose personally identifiable information to us. However, if you elect not to do so, we reserve the right not to register you as a user or provide you with Job Orders for media services. “Personally identifiable information” means information that can be used to identify you as an individual. For example:
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Your name, company name, entity type, email address, phone number, business address, emergency contact information, equipment, licenses, services offered, links to sites managed by you, bio, portrait, etc.
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Your f8 system user ID and password
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Account settings and preferences that you provide to us
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Your device’s domain name and IP address indicating where your device is located
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Session data for your login session
Other Information We Collect
We may collect other information that cannot be readily used to identify you in order to assess how users access and utilize the site. This data is valuable to the company for various internal purposes, including troubleshooting and improving the site's functionality. The information we collect might include your Internet service provider, type of web browser or operating system, IP address, viewed pages, time and duration of site visits, crash logs, and other information relating to site usage. We may use this information, individually or in the aggregate, for technical administration of our website(s); research and development; account administration; and to help us manage our Affiliate Program more effectively.
Calendar Sharing
The Calendar Settings feature in the system enables you to grant access to your personal calendar for scheduling purposes. When your calendar is connected, we can access personal events on your calendar so that we know when you are available for appointments and when you are not. We do not access the details of the personal events on your calendar, and we only display them as “Busy” in our scheduling system. When connected, we are also able to post f8 appointments and Job Orders directly to your calendar for your convenience. If the appointment is put on hold, rescheduled, or cancelled, your calendar will automatically be updated accordingly. You can revoke our access to your calendar at any time. We store the information from your calendar in our system for operational purposes and we purge this information when it is more than 30 days in the past. Information supplied by us regarding f8 Job Orders, assignments and associated appointment information is stored and archived in our system indefinitely for business recordkeeping purposes.
Mobile App
We have created a mobile application (“f8 Mobile”) that provides for many of the same functionality that can be found in our web application. The mobile application uses the same login credentials and user interfaces from the web application and can therefore be considered an extension of the web application. As such, all aspects of this Privacy Policy apply to use of the mobile application and any information entered using the mobile application will be collected, protected and used in the same way as in the web application.
Cookies
We use “cookies” to store personal data on your device to enhance our site's functionality. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Please note, however, that certain features of the site might not function if you delete or disable cookies.
SMS/Text Message Data
We utilize SMS, also known as text messaging, in our system to notify you of various things regarding your Job Orders and appointments. These system-generated text messages include order appointment requests, appointment reminders, etc. We store text messages in our system and if you respond or communicate with us via text message, we reserve the right to retain this information indefinitely. You must opt in to utilize text messaging, and you can opt out at any time using the SMS settings in your profile. Apart from system-generated text messages, we may communicate with you regarding your Job Orders and appointments via ad hoc text messages. If you prefer not to communicate in this way, please let us know and we can communicate with you via standard telephony.
How We Use Your Personal Information
If you do provide personally identifiable information to us, either directly or through a partner, we will:
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Not sell or rent it to a third party without your permission — although unless you opt out, we may use your contact information to provide you with information we believe you need to know or may find useful like news about our services and products and modifications to the Privacy Policy and/or Terms and Conditions;
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Take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
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Not use or disclose the information except:
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As necessary to provide information to you regarding Job Orders that have been accepted, declined or not yet accepted;
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In other ways described in this Privacy Policy or to which you have otherwise consented;
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In the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
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As required by law, for example, in response to a subpoena or search warrant;
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To outside auditors who have agreed to keep the information confidential;
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As necessary to enforce the Terms of Service;
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As necessary to protect the rights, safety, or property of f8, its users, or others; this may include exchanging information with other organizations for personal safety, fraud protection and/or risk reduction.
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How We Utilize Personal Information
Our website might use personal information for periodic general announcements to users. We may use user information to provide general announcements that can include notifications, updates regarding the company or the site, etc. We may need to use personal user data in connection with website maintenance, upgrades, new releases, or analytics data review or compilation. We may be required to share user data with any third-party service providers that we might engage to assist in these efforts. Similarly, we might need to share user information in connection with third-party providers of various services. However, we make every effort to ensure that these service providers employ adequate security measures with respect to user data.
Sharing User Data
As a general policy, we use personal information and message data for internal purposes only. We do not sell or rent information about you. We will not disclose personal information or message data to third parties without your consent, except as explained in this Privacy Policy. We may share your data with our clients or their delegates as required to coordinate the fulfillment of services. We may also share user data with parent companies, subsidiaries and strategic partners. Furthermore, if the company participates in a merger, stock purchase, asset purchase, or other acquisition, it will be required to share user information with the purchaser or surviving entity.
Security
We will take all reasonable precautions and employ prudent practices to protect the security of your data. However, it is possible that your data may be subject to malicious attacks, viruses, malware, data breach or some other form of compromise. As such, we urge you to understand that your transmission of personal data into our system is entirely optional and at your own risk, and that we offer no direct compensation for attacks that result in a data breach or other harm.
Compliance with Laws
We may be required to disclose user information in order to comply with any court orders or applicable laws. We cooperate with government and law enforcement officials to enforce and comply with the law. We may therefore disclose personal information, usage data, message data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order), or enforceable governmental request; (b) enforce the Terms of Use, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of f8, its users or the public, as required or permitted by law.
Storage and Maintenance of User Data in the United States
We collect and store all user data domestically, and as such we are subject to the laws of the United States of America, regardless of the country from which the data originates. We may store your data on servers provided by third party hosting vendors and cloud service providers with whom we have contracted.
Your Privacy Responsibilities
We urge you to carefully protect the personal information that you submit on the site – including your passwords, usernames, location, images, and videos – so that third parties can't manipulate your account or assume your identity. To help protect your privacy, never share your user ID or password with anyone else. Also, be sure to logout from the f8 web application or mobile app when you are finished using it. Finally, we urge you to take reasonable steps to protect your computer and other devices by keeping them updated with respect to operating systems, patches, updates, etc. and to take reasonable precautions to guard against “malware” (viruses, phishing, etc.), by installing and updating suitable anti-virus and anti-malware software.
Updates to this Privacy Policy
We reserve the right to update this Privacy Policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices at any time and without notice. Please check back periodically to ensure that you are aware of the latest updates.
How to Update Your Personal Information
You are permitted to correct, update, or change your personal information at any time by logging into your account and making updates to your profile. You can unsubscribe from general and marketing communications from us at any time by clicking the Unsubscribe link in the email or by responding and requesting to be removed. You also have the ability to disable your account at any time by notifying us in writing using the contact information we have in effect at the time.
Notice to European Union users
Our operations are located primarily in the United States. If you are located in the European Union (EU) and you provide information to us, the information will be transferred out of the EU to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
Information Collected from Children
Our site is meant to be used only by photographers, videographers and other media providers who are at least 18 years of age. You must be at least 18 years old to use our website(s) and service(s). We do not knowingly collect information from minors under 18 (See the U.S. Children’s Online Privacy Protection Act).
Questions and Comments
If you have questions or comments about our Privacy Policy, please contact us by calling +1-408-333-9606.
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