Privacy Policy

Your privacy is very important to us

Date of Last Revision: May 23, 2018

(Date of Immediate Past Revision: December 12, 2016)

Pixellu LLC (“Pixellu,” “we,” or “us”) offers products and services to assist photographers in producing high-quality, lasting keepsakes of important events and memories for their clients. We provide this “Privacy Policy” (or “Policy”) to explain our practices regarding the collection, use, disclosure, and protection of information through our website, SmartAlbums software, SmartSlides software, and Cloud Proofing services, as well as any other products, downloadable software, online services, and applications that we offer (collectively, our “Services”) to each individual using our Services (“customer,” “user” or “you”). Included in the Services are opportunities for users to influence and prioritize the refinement and enhancement of the functionality, performance, and features of existing Services and the design and development of future versions of the Services or altogether new products and services. This Privacy Policy is incorporated by reference into Pixellu’s Terms of Service. Please read this Policy carefully. We reserve the right to change our Privacy Policy at any time.We will post any changes to it at pixellu.com/privacy so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.  If significant changes are made, our users will be notified via email and if necessary, additional actions from customers will be requested at the time. By using our Services, and as stated in our Terms of Service, you consent to the data practices described in this Policy. If a user does not agree to the privacy policy or to future changes, user will not be able to use our products and services.

WHAT INFORMATION PIXELLU MAY COLLECT

“Personal Information” means information that may be used to readily identify, contact, or locate a specific person, such as: name, address, email address, phone number, or payment information. We do not consider Personal Information to include information that has been de-identified (i.e., disconnected from other information) or aggregated so that it does not allow a third party to easily identify a specific individual.

“User Content” means the information that users may post, submit, publish, display, transmit, share, or otherwise upload through the Services, including but not limited to photos, data, text, files, software, sound, music, videos, graphics, artwork, ideas, opinions, and comments. In addition, we maintain records of certain actions taken by users for their clients or by clients in response to communications from users utilizing features of our Services (e.g., Cloud Proofing), which may include leaving comments, approving designs, or submitting feedback. We maintain records of this information so that users will have access to it when performing work for their clients.

“Usage Information” means certain personally identifiable and non-identifiable information that we or our third-party service providers may collect through a variety of technologies that automatically or passively collect certain information from users as they visit or interact with the Services. Usage Information may include IP address or other device identifiers, the type of browser, device, and operating system a user employs, the URL that referred users to our Services, how and when users interact with the Services, and other similar information. In particular, we collect information about the manner in which our Services are used and the devices on which they are used to ensure compliance with the terms of service (e.g., number of devices used for compliance with license terms) and to collect data to improve the performance and features of our Services.If we associate User Content or Usage Information with Personal Information, we will treat it as Personal Information.

HOW PIXELLU MAY COLLECT YOUR INFORMATION

Personal Information Collection Directly From Users. We may collect Personal Information from users when they register and activate a desktop application trial, download our software, register for our Services, visit certain areas of the Services, purchase products, use the Services (e.g., by uploading client images or creating and uploading user-generated content), subscribe to any communications from us, or otherwise voluntarily provide it to us such as in communications regarding customer support outreach and inquiries or in responses to surveys from us. Users can see on their Profile Pages the Personal Information collected about them and have the ability to edit this information. In addition, a user may choose to provide us with Personal Information, such as a name and email address, about their clients, friends, or family so that the user can invite them to view albums through Cloud Proofing or otherwise use Pixellu Services. By providing any Personal Information about another person, you, as a user, represent that you have such person’s consent to share that information with us. If you are not already a Pixellu registered user and you receive an invitation to view an album through Cloud Proofing or view a slideshow through SmartSlides, you may be required to sign in before accessing that album or slideshow.

Social Media Connection. We may collect information, including Personal Information, from social media websites if a user chooses to connect to his or her Pixellu account using his or her social media account. For example, if a user chooses to log in with his or her Facebook credentials, we may collect Personal Information from his or her Facebook profile, such as email address, profile picture, and friend list.

User Content Uploads. As users interact with the Services, they will have opportunities to upload User Content. For example, when creating an album in SmartAlbums, a user may upload photographs, name the album, insert captions, and add graphics. When viewing an album through Cloud Proofing, users may have the opportunity to share comments or ideas with the album creator and/or other viewers. Pixellu generally stores such User Content on our servers for the purposes of using it with Cloud Proofing and other Services or in connection with a customer support request or technical report.

Customer and Technical Support. We may collect Personal Information and Usage Information through user communications with our customer and technical support teams and when automated technical reports are created and submitted in connection with a technical issue. Users may provide their email addresses on our website and request that we open a customer support ticket and contact them; they may post publicly on our Facebook Groups and Facebook Business Profile pages, asking questions to which we may respond via the same platform; they may contact us through an online chat forum on our website and provide their email addresses to receive a response.

Payment Method Information. Some Services may require users to furnish certain financial information, such as credit card or other payment account information.

Cookies, Automatic Data Collection, and Related Technologies. Once a user accesses or uses the Services, we and third parties that may provide certain functionality on the Services, such as social media or advertising networks, may engage, receive, collect, and store certain types of information through automatic data collection tools including cookies, pixel tags, web beacons, embedded web links, and similar technology. These technologies may collect, without limitation, information such as a user’s Internet Protocol (IP) address, browser type, the date and time that a user visits the Services, referring/exit pages and URLs, number of clicks, cookies that may uniquely identify a browser, and information about a mobile device.

  • Cookies are small text files placed in visitors’ web browsers to store their preferences or provide certain functionality. Most browsers allow you to block and delete cookies. However, if you do that, some Services may not work properly.
  • Web Beacons or Clear GIFs are small graphic images or other web programming code with a unique identifier, similar in function to cookies that are used to track the online movements of web users or placed in emails to track which emails are opened and which links are clicked by recipients.
  • We use the cookies and pixel tags through the following: Google Analytics, Google AdWords for Google ads, Google Optimize to monitor and improve our website, and Facebook Pixel for Facebook ads. We may use cookies or trackers through other services to improve the performance of our website and analyze the performance of our advertisements, for example, by collecting aggregate data on the number of such emails opened, as well as statistical information on the number of clicks within an email. We do not use any Personal Information in connection with our use of these services, and we utilize only statistical summaries from these services.

Location Data. When a user accesses the Services by or through a mobile device, we may access, collect, monitor and/or remotely store location data, such as GPS coordinates or similar information regarding the location of the mobile device. Location data may help us understand where our Services are being used. Your location data, however, is only displayed and shared in accordance with your established privacy settings.

Third Parties. If printers email us on behalf of their customers who use some of our Services, we maintain records of these communications, including information regarding customers who are referred to us, in email archives and customer support portals associated with customers. From time to time we may allow third parties to market some of our Services or distribute access through a raffle or other contest. In such instances, we collect the names and email addresses of persons who purchase Services through a third party or win them and will provide instructions how to register as a Pixellu customer and begin using our Services.

By using the Services, you are authorizing us to gather, parse, and retain data, including Personal Information, related to the provision of the Services.

HOW AND WHY PIXELLU USES INFORMATION

Legitimate Business Interests. In addition to utilizing users’ information in ways to which they have provided consent or in accordance with our Terms of Service, we also process and utilize information collected in pursuit of our legitimate business interests as necessary, and while accounting for and respecting users’ interests and rights. Our legitimate business interests include efficiently developing and deploying our Services, receiving and responding to correspondence regarding our Services from potential and existing users, soliciting user input and feedback on enhancement of existing Services and design and development of new Services, and ensuring the functionality and reliability of our Services, all in accordance with our Terms of Service.

Internal and Service-Related Usage. We use information, including Personal Information, User Content, and Usage Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Services. For example, we may use any information we collect to fulfill user requests for products and services, to ensure that users are being properly charged for certain uses of our Services, for sharing access keys via email, authenticating users when they log in to their profiles, for administrative purposes, to improve our services, to analyze how users use our Services, to share tips, explanations, and important announcements, regarding our Services, and to customize user experiences.

User Content Posted to the Services. When users upload User Content to our Services, we will store it on our servers so that it is accessible to the user and the people with whom the user chooses to share. The amount of User Content a user may upload to Cloud Proofing or any other Services may be limited by subscription. Pixellu will use User Content as needed to fulfill user requests, provide the Services, and promote or improve the Services.

Service Communications. We may contact you using the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We do not rent, sell, or share Personal Information about our users with other people or nonaffiliated companies for their direct marketing purposes, unless we have the users’ express permission. We may use your Personal Information and other information to communicate with you by email, text message, or push notification to provide you with information we think may be of interest to you. For example, with our customers’ consent, we may notify them about new product launches or offerings, events at which Pixellu representatives will be in attendance, or sales on existing Services.  If you are a photographer using the Services for your own commercial purposes, you represent that you have any and all necessary consents to send commercial messages to any email address you provide through the Services. Users may opt out of marketing emails at any time by using the opt-out link in an email or by contacting us at info@pixellu.com. In Canada, we will send such email messages only with your consent, which we will ask you for when you register your account or provide us with your email address. We will send you text messages only with your consent, which we will ask you for at the time you provide us with your mobile telephone number.

Enterprise Partners. We may share information collected about users if they purchased a product affiliated with one of our business partners, i.e., when a particular product was sponsored fully or in part by a third-party, contains branding associated with a third-party, and a user is aware that he or she is receiving the product on behalf of and through a third-party. This information will be shared only with the affiliated partner referring the user and distributing the product.

Security. We monitor and maintain records of some customer activity to detect and prevent fraud and misuse of our Services.

User Surveys. We regularly conduct and process user satisfaction surveys on an anonymous basis to improve the quality of our existing Services and to work with users in identifying opportunities for new products and services, in accordance with our Terms of Service.

Specific User Request or Consent. We process user information by request, for example, to deliver user-requested materials or to feature a user experience or share a user testimonial with consent.

Aggregate Data. We may de-identify and aggregate data collected through the Services and use it for any purpose. It is important to remember that such information does not identify you individually.

Legal Obligations. We obtain and maintain some information to comply with legal obligations (e.g., records for sales tax collections), and we may be required to share certain information in response to a lawful request (e.g., a subpoena).

HOW PIXELLU MAY SHARE INFORMATION

Displaying to Users’ Clients or Other Users. When a user chooses to share a project or any other content in an album via our Services, such as Cloud Proofing or SmartSlides, the people with whom he or she chooses to share may be able to see Personal Information and User Content connected to that project. We are not responsible for the privacy practices of the other users who will view and use any project a user chooses to share via our Services.

Vendors and Service Providers. We may share any information, including Personal Information, that we receive from users with vendors and service providers retained in connection with the provision of the Services. For example, we may use a third-party service provider to process payments, and in such cases, we will share applicable Personal Information, including payment method information, with that provider as necessary to fulfill an order.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement requests and legal process, such as a court order or subpoena; (ii) respond to user requests; or (iii) protect users’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, the right to use information we have collected may be conveyed or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

With Your Consent. We may also disclose your Personal Information or User Content with your permission.

THIRD PARTY INTEGRATED SERVICES, WEBSITES AND APPLICATIONS

Third Party Integrated Services. The Services may be integrated with or allow you to share information, including Personal Information, with third-party services, such as printers and publishers, and social networking websites or other online services (collectively, “Third Party Integrated Services”). We do not share your Personal Information with such Third Party Integrated Services unless you direct the Services to share it. Their use of the information will be governed by their privacy policies. If you opt to use Third Party Integrated Services via your account, they may gain access to certain information that you have provided to us, including Personal Information. The manner in which Third Party Integrated Services use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions, and you may be able to modify your privacy settings on their websites. We have no liability or responsibility for the privacy and information security practices or other actions of any Third Party Integrated Services that you choose to access through your account.

Links to Third Party Websites and Applications. In addition to Third Party Integrated Services, the Services may contain links to certain third party websites. We do not own, control, or operate such linked sites, and we are not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from this Privacy Policy and our practices. We encourage you to read the privacy policies of such linked sites before disclosing your Personal Information on such sites, as those privacy policies will apply to information collected through those third party websites.

SECURITY OF YOUR INFORMATION

We take steps to ensure that Personal Information and User Content are treated securely and in accordance with this Privacy Policy. The methods we use to safeguard data include encryption, deleting user data as soon as it becomes unnecessary, limiting access to user to specific job positions or individuals, and avoiding the collection of data we believe is unnecessary.

With respect to the deletion of data, our practices are as follows:

  • Automatic Deletion: We store a customer’s data for as long as a customer remains our customer. Some data, such as transaction data, may be stored longer for record-keeping purposes. Some aggregate data collected about our service may be kept as long as the product or service is being used. For example, we count the total number of projects created in SmartAlbums, and that aggregate count would remain the same, even if some of our customers were no longer our customers.
  • Deletion by Request: A customer may request the deletion of his or her information, but we cannot guarantee that such a customer will be allowed to remain our customer, as some of the information is necessary for the fulfillment our Terms of Service. Furthermore, some information posted by the customer on third-party applications will remain in those applications (such as in Facebook groups), even if all our internal customer data is deleted.
  • Enterprise Data: If a customer requests the deletion of data associated with an enterprise account, we reserve our right to share this data with any affiliate partner that referred and paid for the customer’s use of our Services before deletion.

Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or by sending an email to you. You may have a legal right to receive this notice in paper or hard copy format. To receive free written notice of a security breach in paper or hard copy format (or to withdraw your consent from receiving electronic notice), please notify us at info@pixellu.com.

USER RIGHTS AND CHOICES

Opt-Out.  If you established a Pixellu profile or receive email or other communications from us and do not wish to receive communications from us, you may unsubscribe at any time. You may decline to submit any Personal Information through the Services, in which case Pixellu may not be able to provide certain Services to you.

If you would like to opt out of targeted advertising on our Services, please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies and other tracking or recording tools. Please be aware that disabling cookies or similar tools may disable many of the features available through the Service.

To Be Informed. You have the right to be informed about our data policies. This Privacy Policy is one of the tools we use to ensure customers understand when and why we collect data, which data we collect, and the uses we have for the data.

Correction.  You have the right to access your personal information and to correct, amend, or delete such personal information if it is inaccurate. You can exercise these rights by logging into your Pixellu Account and viewing your profile and billing information, as well as Purchase History, current subscriptions, etc. Customers can view the projects created using our online products and related activity by logging into the online app. Customers can also submit requests for other information we may have collected to info@pixellu.com. If you delete any account information, we may retain certain information as required by law or for legitimate business purposes. Furthermore, if you delete certain information, you may no longer be able to receive our Services.

Portability: You may request to obtain certain data from us, in a generally readable format, and will be provided with a file containing their data. Alternatively, a file with your data may be forwarded to another entity at your request.

Utilization of Browser-Enabled Controls.  Your Internet browser and mobile device may allow you to adjust your browser settings – for example, you may be able to disable the use of cookies – so that you are not tracked on the websites you visit. Pixellu respects your wishes and will not track user activity once cookies and other tracking devices have been disabled. But please note, such a request may make you ineligible to receive our Services.

California Privacy.  If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Pixellu or its affiliates to a third party for the third party’s direct marketing purposes. To make such a request, please send an email to info@pixellu.com or write us at:  Pixellu, LLC, Attn: Privacy, 4616 25th Ave NE #255, Seattle, WA 98105.

European Union Privacy.   If our processing of your information is subject to the General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR.  These rights and obligations are as follows:

We will process your personal data in order to provide the Services.  The lawful bases for processing your data may include:

  • When you have given consent
  • When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract
  • When processing is necessary to protect our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights.

We may rely on more than one of the lawful bases for processing your information described above.  If our processing is based on your consent, you have the right to withdraw the consent at any time.  Subject to your right to erase personal data, we will store your information for as long as necessary for us to provide the Services.

You have the right to be informed about your personal data and how it is being processed, to access, correct and erase personal data, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing.  You also have the right to lodge a complaint with the relevant EU supervisory authority.

If your information is transferred to us or to another recipient in a manner that requires to leave the boundaries of the European Economic Area (“EEA”), we will ensure that at least one of the following shall apply:  (i) the transfers will be to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; (ii) we have used specific model contracts approved by the European Commission which are intended to give personal data the same protection it has in Europe; (iii) where we use providers based in the US, we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US; or (iv) any alternative transfer mechanism that can under GDPR lawfully support the transfer.  Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Erasure: You may ask for your data to be erased from our system. We will comply with a request to erase all customer data, even though this means we will no longer be able to serve this individual as a customer/user, and all services and products will be revoked. We will also not erase any data that was posted on a third-party service, such as Facebook, and which the individual is able to erase on their own. Finally, an affiliate party that has requested the data of this customer (such as an entity that has provided the customer with one of our products) and already gained access to customer data in the past will need to be contacted separately by the customer.

Restriction of Processing: You may place a restriction on the processing of your data, and the request will be accommodated. But please note that restrictions on processing your data may inhibit your ability to utilize the Services.

Objection to Processing: A user may, at any time, object to our processing of his or her data. We will stop all processing of customer data, if the objection was raised with respect to direct marketing purposes. If an objection was raised with respect to processing of data that is essential to the performance of our duties with respect to the Services, we will no longer be able to provide the Services to our customer.

CHILDREN’S PRIVACY

Our Services are intended for professional use, and we therefore do  not knowingly collect, maintain, or use Personal Information from children under 16 years of age without parental consent, and no part of the Services is directed to children under the age of 16. If you learn that a child has provided us with Personal Information without your consent, you may alert us at info@pixellu.com. If we learn that we have collected any Personal Information from children under 16 years of age without parental consent, we will promptly take steps to delete such information and terminate the child’s account.

INTERNATIONAL USERS

All Personal Information is stored on servers in the United States and is subject to American law. We also reserve the right to obtain and store data on servers in Ireland. By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the state of Washington and the adjudication of any disputes arising in connection with Pixellu or the Services will be in accordance with the Terms of Service.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy and our Terms of Service.

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

ACCOUNT DEACTIVATION

If you no longer wish to use the Services, you may deactivate your account by sending us an email to info@pixellu.com. After you deactivate your account, you will not be able to sign into the Services or access any information stored on Pixellu servers. You may open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and record keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our Terms or other rights, take actions we deem necessary to protect the integrity of the Services or our users, or take other actions permitted by law.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or modify any Personal Information you have provided to us, you can do so by accessing your account or by emailing us at info@pixellu.com. If you have any questions or concerns about this Privacy Policy or the use of your information, please contact us at info@pixellu.com.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

Posting of Revised Privacy Policy. We may update this privacy policy to reflect changes to our information practices. If we make any change in how we use Personal Information, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

CONTACT INFORMATION

Pixellu LLC
4616 25th Ave NE #255
Seattle, WA 98105
info@pixellu.com