Prisma California Notice at Collection and Privacy Notice

You can see the previous version here.

Effective date: Jun 5, 2024

This Prisma California Notice at Collection and Privacy Notice (“California Privacy Notice”) is only applicable to California residents (“you”). It supplements the information contained in our Prisma Privacy Policy. It is delivered on behalf of Prisma Labs, Inc. - (“Prisma Labs,” “we,” “us,” and “our”) and governs certain personal information we collect from you.

We have adopted this California Privacy Notice to comply with the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. (“CCPA”). Please take the time to read and understand this California Privacy Notice.

 

Scope

This California Privacy Notice covers personal information collected from or processed about you when you use the Prisma Photo Editor (“Prisma”, the “app”, or the “application”), including by downloading, installing, registering with, accessing or otherwise using the application (collectively referred to herein as “Use”).

There is other personal information that this California Privacy Notice does not cover. In some cases, that personal information may not be subject to the CCPA. In other cases, a different privacy notice may apply. Accordingly, this California Privacy Notice and/or the California privacy rights set out herein may not apply to you or to all of your personal information. For example, Personal information we have from California residents in their capacity as current or former employees, personnel, or independent contractors of Prisma Labs is not covered by this California Privacy Notice.

 

The following is not personal information for purposes of the CCPA: (i) publicly available information; (ii) lawfully obtained, truthful information that is a matter of public concern; (iii) deidentified consumer information about California residents; and (iv) aggregate consumer information about California residents (in each case, as those terms are used in the CCPA). This California Privacy Notice does not apply to such information.

Notice at Collection and Our Prior Collection, Use, and Disclosure of Personal Information During the Preceding 12 Months

The CCPA requires us to give you specific information about the categories of personal information we collect about you, the sources from which we have obtained that information, the purposes for which we collect it and the categories of entities to whom we disclose it. The table below sets out our relevant practices currently and over the last twelve months. Our collection, use and disclosure of personal information depends on your relationship with us and your interaction with us.

Category of Personal Information	Categories of Sources From Which Collected	Business or Commercial Purpose for Collecting Personal Information	Categories of Third Parties and Other Entities To Whom We May Disclose
Identifiers and Categories in Cal. Civ. Code 1798.80(e), such as name, unique personal identifier, online identifier, IP address, email address, or account name	Directly from you or automatically when you Use the App Via vendors on which we rely	To present to you and others with Prisma and its contents and any other information, products or services that you request from us To provide you with the Photo Editing Features To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To third-party analytics providers and advertising partners To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.
Commercial information, such as records of products or services purchased, obtained or considered, or other purchasing or consuming histories of tendencies	Directly from you or automatically when you Use the App	To present to you and others with Prisma and its contents and any other information, products or services that you request from us. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To customize our product and service offerings to you, for example, offering pricing personalization and discounts. To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To third-party analytics providers and advertising partners To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.
Internet or other electronic network activity information, such as browsing history, search history or information regarding interaction with an app or advertisement	Directly from you or automatically when you Use the App Via vendors on which we rely	To present to you and others with Prisma and its contents and any other information, products or services that you request from us. To provide you with the Photo Editing Features. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To customize our product and service offerings to you, for example, offering pricing personalization and discounts. To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To third-party analytics providers and advertising partners To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.
Geolocation data, such as the state or country associated with your IP address	Directly from you or automatically when you Use the App	To present to you and others with Prisma and its contents and any other information, products or services that you request from us. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To customize our product and service offerings to you, for example, offering pricing personalization and discounts. To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To third-party analytics providers and advertising partners To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.
Audio, electronic, visual, thermal, olfactory or similar information, such as a photo of you	Directly from you or automatically when you Use the App	To present to you and others with Prisma and its contents and any other information, products or services that you request from us. To provide you with the Photo Editing Features. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To customize our product and service offerings to you, for example, offering pricing personalization and discounts. To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.
Inferences drawn from the information listed above to create a profile about a California resident reflecting their preferences, characteristics and other attributes	Directly from you or automatically when you Use the App	To present to you and others with Prisma and its contents and any other information, products or services that you request from us. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Prisma To customize our product and service offerings to you, for example, offering pricing personalization and discounts. To communicate with you, such as to notify you about changes to Prisma or any products or services we offer or provide through Prisma, provide you with customer or technical support, and monitor and improve our responses to your and other users’ inquiries To conduct research, analytics and monitor performance and other metrics regarding Prisma and your Use of Prisma. To improve, test, and monitor the effectiveness of Prisma. To provide personalized content and information to you in relation to Prisma and so that we, and third parties on which we rely, can advertise to you. To send marketing and promotional communications to you In any other way as we may describe when you provide the information or otherwise at your direction or with your consent. As permitted or required by law, including for auditing, fraud and security monitoring purposes.	With our Affiliates. To third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Prisma. To third-party analytics providers and advertising partners To affiliated and nonaffiliated entities in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved. In response to legal requests and for purposes of preventing harm.

Data Retention: Other than as may be set forth in Section 3: How We Process, Share and Retain Your Photos of the Prisma Privacy Policy, we generally retain your personal information (also referred to in the Prisma Privacy Policy as Personal Data) until you delete your Prisma account. If you delete your Prisma account, we will generally delete your account within 4 hours.

To make a request to delete your Prisma account, please contact us at [email protected].

Notwithstanding the foregoing, please note that we may retain your personal information, including your photos, for longer periods of time than set forth above, such as in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, or to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.

How We Disclose Personal Information

In the past twelve months, we have disclosed each of the categories of personal information listed above for business purposes, as set out above.

 

Sales of Personal Information

We do not sell your personal information.

 

Sharing Personal Information for Cross-Context Behavioral Advertising

We may share the following categories personal information with third-party ad-tech providers and others throughout the online advertising ecosystem for purposes of cross-context behavioral advertising:

• Identifiers

• Categories of personal information described in Cal. Civ. Code Section 1798.80(e)

• Commercial Information

• Internet or other electronic network activity information

• Geolocation data

• Inferences drawn from personal information such as preferences, characteristics and behaviors

Minors Under the Age of 16

We do not have actual knowledge that we sell or share the personal information of minors under the age of 16.

Your Rights as a California Resident

As a California resident, you may have certain rights in relation to your personal information.

Right to Know

You may have the right to know how we have collected, used and disclosed your personal information. Specifically, you may have the right to know:

• The categories of personal information we have collected about you.

• The categories of sources from which we have collected your personal information.

• The business or commercial purpose for which we collect, sell or share your personal information.

• The categories of third parties to whom we have disclosed your personal information.

• The categories of personal information that we have sold or shared about you and the categories of third parties to whom it was sold or shared.

• The categories of personal information we have disclosed about you for a business purpose and the categories of persons to whom we have disclosed it.

In addition, you may have the right to know the specific pieces of personal information we have collected about you. Subject to certain limitations, you may request that we provide this information dating back to January 1, 2022.

 

Right to Make a Deletion Request

You may have the right to request that we delete your personal information that we have collected or received. Subject to certain exceptions, we must delete your personal information and direct our service providers and contractors to delete your personal information.

 

Right to Correct Inaccurate Personal Information

You may have the right to request that we correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Right to Opt-Out of Sales of Personal Information

You may have the right to opt-out of the sale of your personal information.

 

Right to Opt-Out of Sharing of Personal Information

You may have the right to opt-out of us sharing your personal information for cross-context behavioral advertising purposes.

Right to Limit Use and Disclosure of Sensitive Personal Information

Subject to certain exceptions, you may have the right to limit our use and disclosure of your sensitive personal information.

Right to Non-Discrimination

You have the right not to be discriminated against by us for choosing to exercise your rights under the CCPA.

 

Other Rights: Notice to California Consumers

You have other rights under California’s “Shine the Light” law. California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. We do not disclose personal information to third parties for those third parties’ direct marketing purposes.

How to Exercise Your California Privacy Rights

If you wish to exercise your right to know, access specific pieces of personal information we have about you, delete or correct inaccuracies in your personal information, please submit a request to us by contacting us at [email protected].

 

To opt-out of the sharing of your personal information for cross-context behavioral advertising purposes, please submit a request to us by contacting us at [email protected].

Information for Authorized Agents

You can authorize a person (“Authorized Agent”) to exercise your California privacy rights on your behalf. To submit a request to Prisma Labs on behalf of another person as an Authorized Agent, please submit a request to us by contacting us at [email protected].

Verifying Your Requests

We only respond to your requests to know, access the specific pieces of personal information we have about you, delete and correct inaccurate personal information when we can verify that you are a California resident exercising your rights regarding your personal information. 

We may need to ask you for personal information to verify your request so we can match it to the personal information we already have about you. We may also need to obtain additional information about you that we do not already have. If you provide us with new personal information that we do not already have about you, we will use it solely for the purpose of verifying your request. We will let you know via email if we need more information from you to verify your request. Please reply to our requests promptly.

We will communicate with you about your requests via email. We will use the email address you provided when submitting your request.

If we cannot verify your identity, we will let you know.

 

Responding To Your Requests

We aim to promptly verify and respond to your requests within 45 days of receipt but may require a total of up to 90 days to respond to your requests. If we require additional time beyond the initial 45 days after we receive your request, we will let you know within the first 45 days.

 

We do not ordinarily charge a fee for our response to your requests. However, we may do so to the extent your request(s) are excessive, repetitive, or manifestly unfounded. If we determine that charging a fee is warranted, we will let you know and will provide you with an estimate of the associated costs of responding to your request(s).

 

If we determine that we cannot or will not take the action that you requested, we will let you know. We will inform you of our reasons for not taking action and any rights you may have to appeal the decision.

Unless you tell us that you would like to receive a response via postal mail, we will respond to you via email regarding your requests to know and to access the specific pieces of personal information we have about you. We will contact you at the email address you provided when submitting your request(s). If you would like to receive responses to a request to know or access personal information via postal mail rather than email, please let us know when submitting your request(s).

 

Limitations

We are only required to respond to certain requests twice in any twelve-month period. We are not required to provide you access to specific pieces of personal information more than twice in any twelve-month period. Similarly, we are not required to comply with your “requests to know” more than twice in any twelve-month period.

 

Changes to Our California Privacy Notice

From time to time, Prisma Labs may update or revise this California Privacy Notice. If there are changes to the terms of this California Privacy Notice, documents containing the revised policy on the relevant App(s) will be updated.

 

How to Contact Us

If you have any questions or concerns about this California Privacy Notice, please contact us at [email protected].