Photo.com Privacy Policy

BY USING THE PHOTO.COM WEB SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO PHOTO.COM'S PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR WEB SITE OR OUR SERVICES.

Photo.com, Inc., ("Photo.com", "us", "we" or "our") is committed to protecting your privacy.  This policy covers how Photo.com handles personal information that it collects and receives through our web site located at www.photo.com (the, "Web Site,"). Personal information is any information about you that is personally identifiable such as your name, address, email address, phone number, and information about you that is not otherwise publicly available.

This Privacy Policy is incorporated by reference into Photo.com's Terms of Service.  Please read this Privacy Policy carefully because by using Photo.com you agree to be bound by the terms and conditions of the Terms of Service, including this Privacy Policy and Photo.com's privacy practices. If you have any questions, please contact us by email at privacy@photo.com.

What we Collect

In many instances, Photo.com does not rent, sell, or share personal information about you with nonaffiliated third parties except to provide products or services you have requested or when Photo.com has your permission. However, Photo.com reserves the right to share your personal information under certain circumstances as described in this Privacy Policy or as otherwise agreed by you.  If you do not wish to have your personal information shared with third parties who are not involved with the fulfillment of Photo.com products or services that you have requested, please let us know by sending an email to privacy@photo.com.

For example, Photo.com reserves the right to share your personal information with our affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that you have requested or may be of interest to you. Photo.com may also share your personal information with credit card issuers and other companies, where necessary, to complete transactions requested by you in connection with our Web Site.

Photo.com reserves the right to release or disclose your personal information, including to local, state, or federal law enforcement officials, when we believe in good faith that the law requires it, or when required to do so by order of a court or authorized administrative agency. We also reserve the right to share your personal information where we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or to prevent violations of Photo.com' terms of use.
We reserve the right to transfer personal information we have collected about you if Photo.com is acquired by or merged with another company, in the case of a sale of all or substantially all of Photo.com's assets, or in the unlikely event of a bankruptcy.

We may also use your personal information to customize the advertising and content you see on the Web Site and improve our products and services.

We may provide your personal information to trusted business partners, such as service providers and third party processors who work on behalf of or with Photo.com to provide elements of the Photo.com service or host portions of the Web Site. These companies use your personal information to provide us with the services we have hired them to perform, such as to organize, administer, process, append and/or analyze our data on our behalf, email correspondence on our behalf or deliver other necessary services.  These business partners are prohibited from using your personal information except to provide these services on behalf of Photo.com and they are required to maintain the confidentiality of your information.

Photo.com may announce voluntary promotional programs such as sweepstakes and contests. Participation in these promotions may require you to share personal information with us. This information may be shared with external third parties for the purpose of the administration, operation, or fulfillment of the promotion. Subscribers who do not wish this information to be disclosed to third parties may decline participation in these optional promotions.

If you visit the Web Site by clicking through a link or promotion located on another web site, or if you registered for our site through an online service that provides a universal registration service, we will store the ID of that affiliate site in our database along with your account information. This allows us to credit the affiliate site for any subsequent purchases made by you on our Web Site. We may also use this information to identify additional products and services that may be of interest to you.

Photo.com reserves the right to share certain data with our internal and external clients or service providers in aggregate form for auditing, marketing and other purposes. Because aggregated data is not associated with any particular person, the third parties with whom we share this information will not have access to your personal information.

Photo.com may analyze IP addresses of visitors to the Web Site in the aggregate for purposes including system administration and the gathering of broad demographic information. We do not link IP addresses to you personally, except when you make a purchase through the Web Site, in which case we will record your computer's IP address to enable us to identify fraudulent credit card use. We reserve the right to share this information with the credit card issuer or with law enforcement authorities if we determine, or are notified, that use of the credit card was fraudulent.

Photo Sharing

Photo.com is dedicated to providing you with a secure environment to upload, share and print your photos online. To protect your privacy, Photo.com allows you to assign privacy settings for your photo collections. You may designate your photo collections as either Private or Public.

If you choose to set your photo collection as Private, the photos in that collection will not be publicly accessible through the Web Site unless you explicitly share that collection with third parties by sending a link with the unique URL to your collection.

If you provide the unique URL to your collection to third parties (�"Invitees�"), Invitees can forward the URL to other parties without your consent or knowledge.

If you choose to set your photo collection as Public, visitors to the Web Site will be able to access, view, download and/or print the photos in your photo collections.

Use of Cookies & Other Technologies

We use cookies and other technologies such as pixel tags and clear gifs to personalize the Web Site to your interests and to facilitate an automatic log-in process. A cookie is a text file placed on your hard disk by a web page server that is uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. Photo.com allows advertisers on our Web Site to set and access cookies on your computer. Use of cookies by advertisers on our Web Site is subject to the privacy policies of those advertisers and is not covered by this Privacy Policy. If you are not comfortable with the use of cookies on your computer, you may set your computer preferences to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience all features of the Web Site.

The Web Site and HTML e-mails sent by Photo.com may contain single-pixel gifs called web beacons that allow us to count users who have visited a specific web page or opened an e-mail, conduct research on partner web sites for auditing purposes, to access your Photo.com cookie to identify when you visit third party web sites, or to report aggregate demographic or usage information to our partners. The Web Site may also contain third party web beacons for the purpose of determining the effectiveness of joint promotional or advertising campaigns.

Setting your Preferences

Photo.com respects your right to control how your personal information is used. You can edit your Photo.com Account Information and modify your preferences, including your email preferences, at any time, by logging into your account on the Photo.com Web Site. Users may also opt out of having your personal information shared with unaffiliated third parties not involved with the fulfillment of products or services you requested by following the instructions contained in the messages they receive from us or our affiliates or by sending us an email at privacy@photo.com. We reserve the right to send you certain communications relating to the Photo.com service, such as service announcements and administrative messages that are considered part of your Photo.com account, without offering you the opportunity to opt out of receiving them.

If you choose, you may delete your Photo.com account by contacting our Customer Care team at customercare@photo.com. Pending or outstanding purchases will be billed/refunded per the purchase terms for those purchases, expect for subscription services, such as the unlimited storage service, for which you will not receive a refund. If you choose to delete your Photo.com account, your account will be de-activated and you will no longer receive communications from us. However, your account information will be retained in our database for record-keeping purposes.

Your Copyrights

Photo.com respects the intellectual property rights of others. We do not claim ownership rights in the photos you store with us at Photo.com.  We will not share your photos unless instructed by you or as we reasonably believe is required by law.  By uploading your photos to the Web Site, you grant Photo.com an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, worldwide license to use, copy, publicly display, and distribute such photos with or without attribution.

Legal Disclaimer

We disclaim, and you agree, that Photo.com will not be liable to you for any damages caused by acts or events beyond our reasonable control including, without limitation, acts of God, fires, floods, acts of terrorism, wars, civil disturbances, sabotage, accidents, labor disputes, governmental actions, and failures or delays of transportation that result in our disclosure of your personal information.

Security

Photo.com takes reasonable security measures to protect user information under our company's control against loss, misuse, or alteration. Except as otherwise stated in this Privacy Policy, access to your personal information is limited to only those employees and third parties with a specific need to retrieve this information.

The Web Site contains links to other sites. Please be aware that Photo.com is not responsible for the privacy practices of such other sites. Photo.com encourages users to be aware when they leave our Web Site and to read the privacy statements of other web sites you visit. This Privacy Policy applies solely to information collected by our Web Site. Photo.com is not responsible for the privacy practices or the content of third party sites.

International Transfer of Information

Photo.com may transfer your personal information from your country or jurisdiction of residence to other countries or jurisdictions. If you are visiting from the European Union or other regions, please note that the United States does not have the same data protection laws as the EU. By providing your personal information to Photo.com, you consent to: (i) the use of your PEI for the uses described in this Privacy Policy; and (ii) the transfer of your personal information to the United States.

Changes to this Privacy Policy

Photo.com reserves the right, at any time and without notice, to add to, update, change, modify or revise this Privacy Statement, the Photo.com Web Site or our services by posting such change, update or modification on the Site. Any such addition, update, change, modification or revision will be effective immediately upon posting. If we materially change how we use your personal information, we will notify you via e-mail.

Contact Us

If you have any questions about this Privacy Statement or our information-handling practices, please contact us by e-mail at privacy@photo.com or write to us

Photo.com

Attn: Photo.com Privacy Policy

333 N. Michigan Avenue; Suite 3100

Chicago, IL, 60601

Your California Privacy Rights

California Civil Code Section 1798.83 permits the customers of Photo.com who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@photo.com or write us:

Photo.com

Attn: California Privacy Rights

333 N. Michigan Avenue; Suite 3100

Chicago, IL, 60601

 

 

Policy last updated: March 16, 2008