Your privacy is very important to us
Date of Last Revision: December 1, 2025
Date of Immediate Past Revision: September 28, 2020
If you are located outside of areas expressly identified in SmartAlbums Terms and Conditions, this Privacy Policy applies to the extent permitted by the laws of your jurisdiction.
We may provide different or additional information about our privacy practices to residents of certain countries, regions, or states. Please refer to the below region-specific privacy information if it applies to you:
If you are a resident of the state of California, please read our “California Notice at Collection and Privacy Notice” in addition to this Privacy Policy.
If you are located in the European Economic Area (“EEA”) or the United Kingdom, please see our Data Protection Privacy Notice.
SmartAlbums Inc. (formerly known as Pixellu LLC and/or Pixellu, hereafter “SmartAlbums”, “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, SmartGalleries (formerly known as Pixellu Galleries), Cloud Proofing services, and related products and services for SmartAlbums Print-Lab Users including SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on, as well as any other products, downloadable software, online services, and applications that we offer (collectively, our “Services”) to each individual using our Services. “You/you,” and “Users” shall mean all visitors and users of any, or all of, the Services, including User Clients. “User Client” or “Client” means any customers of a SmartAlbums User that are also being granted access to content in relation to SmartAlbums Services. “Users” expressly includes, but is not limited to, Third-Party Print-Labs (“Print-Labs”), and employees, contractors, affiliates of such Print-Labs, that are subject to a Lab Integration Agreement with SmartAlbums granting access to the Services, whether the Services are accessed through SmartAlbums directly or through Print-Lab’s website. Users also include photographer-customers of any Print-Lab User that are granted access to the Services. User Client also includes any customer of a Print-Lab User that is granted access to the Services. Included in the Services are opportunities for Users or User Clients 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 SmartAlbums’ 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 https://www.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 and User Clients 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 or User Client does not agree to the privacy policy or to future changes, user will not be able to use our products and services.
“Personal Information” means information that may be used to readily identify, contact, or locate a specific person, such as: name, business name, address, shipping address, email address, phone number, order 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 and User Clients 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 User Clients or by User Clients in response to communications from Users utilizing features of our Services (e.g., SmartGalleries or 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 User 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 and User Clients 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 and User Clients to our Services, how and when Users and User Clients 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 your Content or Usage Information with Personal Information, we will treat it as Personal Information.
Personal Information Collection Directly From Users and User Clients. We may collect Personal Information from Users and User Clients 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, we may receive or collect your Personal Information from a third-party (including any Print Lab) where (i) you have provided Personal Information to such third-party, and (ii) SmartAlbums and such third-party have contracted to provide SmartAlbums products and services (including but not limited to SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on), or to provide such third-party’s products or services. See also Third-Party Integrated Services, below.
In addition, a User may choose to provide us with Personal Information, such as a name and email address, about their User Clients, friends, or family so that the User can invite them to view albums through Cloud Proofing, SmartGalleries, or otherwise use SmartAlbums Services. By providing any Personal Information about another person, you represent that you have such person’s consent to share that information with us. If you are not already a SmartAlbums registered User or User Client and you receive an invitation to view an album through a SmartAlbums Service, including but not limited to Cloud Proofing, SmartGalleries, 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 SmartAlbums account using his or her social media account. For example, if a User or User Client 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 and User Clients 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 or SmartGalleries, Users and User Clients may have the opportunity to share comments or ideas with the album creator and/or other viewers. SmartAlbums generally stores such User Content on our servers for the purposes of using it with Cloud Proofing, SmartGalleries, 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 your communications with our customer and technical support teams and when automated technical reports are created and submitted in connection with a technical issue. Users and User Clients 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. Please read this policy carefully.
This Cookie Policy explains how SmartAlbums uses cookies on www.SmartAlbums.com and associated sites or pages (our “Websites”). It describes what cookies are, what cookies are used on our Websites and the purposes for which we use cookies.
Cookies are text files, containing small amounts of information, which are downloaded to your browsing device, such as a computer, phone or tablet, when you visit a website. Cookies can be recognized by the website that downloaded them — or other websites that use the same cookies. This helps websites know whether the browsing device has visited the website before and can remember your preferences and settings for online services.
A cookie can be either a “first” or “third” party cookie, depending on whether the cookie is placed directly by the website that the user is visiting (“first party cookie”) or whether the cookies are set by a third-party entity through the website that the user is visiting (“third-party cookie”). The length of time that a cookie stays on your device will depend on whether the cookie is either a “persistent” or “session” cookie. Persistent cookies remain on a user’s device until the cookie expires or is deleted and they are activated each time that the user visits the website that placed the persistent cookie. Session cookies are created temporarily once a user opens a browser window and are deleted from your device once the browser is closed.
This Cookie Policy describes how SmartAlbums may use cookies in association with our Websites.
We set out information below about the following topics:
We use different types of cookies on our Websites for different purposes. Some cookies allow us to enable specific functions or to improve your navigation experience, while others allow us to analyze the way you interact with our Websites in order to improve them.
We use some cookies that are necessary for the Websites to function and cannot be switched off in our systems (“Strictly Necessary Cookies”). We may also use Performance and Targeting Cookies for other purposes, such as collecting information about how visitors are using the Websites, for troubleshooting and identifying errors, collecting analytics to evaluate user experience on the Websites and providing you with content or advertisements. This use of Cookies also applies where you are authorized to provide others access to our Websites (e.g., you provide your customer access to your gallery; our Cookie Policy will also apply to your customer). You have the option to accept or reject our use of cookies for such purposes.
Strictly Necessary Cookies. Strictly Necessary Cookies may include, for example, cookies that remember your preferences and settings; cookies that remember certain information that you enter through the Websites; or cookies that allow the Website to function properly. Strictly Necessary Cookies are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Websites may not function properly as a result. These cookies do not store any personally identifiable information.
Performance Cookies. These cookies allow us to undertake activities such as counting visits and traffic sources so we can measure and improve the performance of our Website. They also help us to know which pages are the most and least popular and see how visitors move around the Website and what content they view. If you do not allow us to place these cookies on your device, we will not have the same information regarding when you visited our Website, and may not be able to monitor its performance.
We use the web analytics tool Google Analytics to collect aggregated statistical information about how the Websites are used. Google Analytics uses performance cookies to collect information such as your IP address or other online identifiers, browser information, and/or information about the content that you view and interact with on the Websites. The analytics that Google Analytics provides allow us to gain additional information about how our Websites are used, such as how many users are visiting the Websites, the country or region of those Website visitors, and the pages that are most visited.
Targeting Cookies. Cookies of this category may be set on our Websites and are used to display personalized content to you that is believed to be in line with your interests. They are based on uniquely identifying your browser and internet device. For example, these cookies help us to provide information to you that is especially relevant to you.
When you visit our Websites, you will be presented with a banner that offers you a choice about whether to accept all cookies or manage your cookie preferences through the Cookie Settings link. Through the Cookies Settings link you may select your preferences to accept or reject different categories of cookies, with the exception of those cookies which are strictly necessary to the functioning of the Websites.
You may also use your browser settings to manage cookies. Some devices also allow you to control the use of cookies through your device settings. Each browser and device is different, so check the settings menu of your browser or device to determine how to change your cookies settings.
Please note that if you choose not to receive cookies, the Websites may not function properly and certain services on the Websites may not be available to you. In addition, your choice of preferences will be browser and device specific. That means that if you visit our Websites from multiple browsers and devices, you will need to implement your preferences and settings across all browsers and devices.
If you have any questions about this Cookie Policy or about how to manage your cookie preferences, please contact us by email at info@smartalbums.com. To learn more about our privacy practices, please see the following policies depending on where you are located:
Location Data. When a User or User Client 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 e-mail 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 SmartAlbums 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.
Legitimate Business Interests. In addition to utilizing User and User Client 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 and User Clients, 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. Our legitimate business interests also include efficiently developing and deploying our Products and Services in relation to any third-party (including any Print Lab), where SmartAlbums and such third-party have contracted to provide SmartAlbums products and services (including but not limited to SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on), or have contracted to provide such third-party’s products or services. See also Third-Party Integrated Services, below.
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 and User Client 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 and User Clients when they log in to their profiles, for administrative purposes, to improve our services, to analyze how Users and User Clients 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 and User Clients 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, SmartGalleries, or any other Services may be limited by subscription. SmartAlbums 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 and User Clients with other people or nonaffiliated companies for their direct marketing purposes, unless we have the Users’ and User Clients’ 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 SmartAlbums 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 and User Clients may opt out of marketing emails at any time by using the opt-out link in an email or by contacting us at info@smartalbums.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. If you use SmartAlbums Products and Services in relation to any third-party (including any Print Lab) under contract with SmartAlbums, in relation to SmartAlbums products and services (including but not limited to SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on), we may use your Personal Information, whether provided to SmartAlbums by you or by such third-party, to contact you directly for marketing purposes relating to SmartAlbums Products and Services.
User Client Emails. We may store User Client emails throughout the entire period that a User (photographer) is authorized to use any of the Services, including but limited to, User Content in SmartGalleries. Users will have direct access to User Client emails, including the ability to download their User Client emails; we will have no control over User usage of their User Client emails. SmartAlbums may also use User Client emails and other information to communicate with User Clients by email, text message, or push notification, to provide User Clients with information we think may be of interest to User Clients, including marketing emails we may send on the behalf of the User. We will also use User Client emails to provide User Clients download links when a User Client seeks to download User Content from SmartGalleries or another authorized Service.
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 and User Clients 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 or User Client-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 SMARTALBUMS 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, SmartGalleries, or SmartSlides, the people with whom he or she chooses to share, including User Clients, 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 and User Clients and User Clients 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 the rights, property, or safety of Users, User Clients, SmartAlbums, or others.
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. 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”). Accordingly, as set forth above, Personal Information may be collected or shared in relation to a third-party (including any Print Lab), where SmartAlbums and such third-party have contracted to provide SmartAlbums products and services (including but not limited to SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on), or have contracted to provide such third-party’s products or services. See also Third-Party Integrated Services, below.
We do not otherwise 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.
We take steps to ensure that Personal Information and User Content are treated securely and in accordance with this Privacy Policy. Our safeguards include administrative, technical, and physical measures designed to protect information against unauthorized access, disclosure, alteration, or destruction. The methods we use to safeguard data include encryption, access controls, deleting user data after it becomes unnecessary, limiting access to user to specific job positions or individuals, and avoiding the collection of data we believe is unnecessary, and periodic review of security practices.
With respect to the deletion of data, our practices are as follows:
While we strive to use commercially reasonable means to protect your Personal Information, no system is completely secure, and you provide data at your own risk. We do not accept liability for unintentional disclosure.
Opt-Out. If you established a SmartAlbums 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 SmartAlbums may not be able to provide certain Services to you.
Users in the EEA or UK may also have rights, including access, correction, deletion, restriction, portability, and opt-out, as described in the Data Protection Privacy Notice.
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 SmartAlbums 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@smartalbums.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. SmartAlbums 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.
This California Notice at Collection and Privacy Notice (“California Privacy Notice”) supplements the information contained in our Privacy Policy (https://www.pixellu.com/privacy/). It is delivered on behalf of SmartAlbums and our affiliates and governs the personal information we collect from California residents (“you”) on any website on which a link to this California Privacy Notice appears and any personal information we otherwise collect from consumers.
We have adopted this California Privacy Notice to comply with the California Consumer Privacy Act of 2018, as amended (“CCPA”). Please take the time to read and understand this California Privacy Notice. Please also read our Privacy Policy (https://www.pixellu.com/privacy/) which includes important information regarding how we collect, use and share your personal information.
Most of the personal information we collect about California residents is not covered by this California Privacy Notice. The CCPA includes certain exemptions that may apply to our collection and processing of your personal information. It is possible that not all personal information we collect from or about you is fully covered by the CCPA. Therefore, this California Privacy Notice and the California privacy rights set out herein may not apply to you or to all of your personal information. For example:
In addition, publicly available information, de-identified data and aggregate California resident information (as those terms are used in the CCPA) are not personal information for purposes of the CCPA. This California Privacy Notice does not apply to such information.
We may collect the following categories of personal information from you:
We may use your personal information for the following purposes:
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 with whom we share it. This table sets out our relevant practices. Our collection, use and disclosure of personal information depends on your relationship with us and your interaction with our Website. For more information regarding the personal information we collect from you via our Website, please read our Privacy Policy (https://www.pixellu.com/privacy/).
In the last twelve months, we have disclosed the following categories of personal information for business purposes:
Inferences drawn from other personal information
The CCPA defines the term “sale” very broadly. We do not currently sell your personal information for purposes of the CCPA. In the past twelve months, we have disclosed the following categories of personal information to third parties that provide services to us, such as website analytics services and certain website functionalities. Such disclosures may be considered a “sale” for purposes of the CCPA:
Inferences drawn from other personal information
As set out above, we and third parties collect and use your personal information for online tracking. Please see our Cookie Policy for more information.
If at any time you would like to manage your cookie preferences, please visit the Cookie Settings.
As a California resident, you have certain rights in relation to your personal information.
You have the right to know how we have collected, used and shared your personal information over the last twelve months. Specifically, you have the right to know:
You have the right to know the specific pieces of personal information we have collected about you over the last twelve months.
You have the right to request that we delete your personal information. Subject to certain exceptions, we must delete your personal information and direct our service providers to delete your personal information.
You have the right to opt-out of the sale of your personal information.
You have the right not to be discriminated against by us for choosing to exercise your rights under the CCPA.
If you or your authorized agent wishes to exercise your rights to know, access or delete your personal information, please submit a request to us via the California Consumer Request Form or contact us at SmartAlbums Inc., 1209 Orange Street Wilmington, Delaware, 19801, or by emailing info@smartalbums.com.
We only respond to requests that you make which are “verifiable.” To verify your requests, we may require authentication of you or the Authorized Agent acting on your behalf that is reasonable in light of the nature of the personal information requested.
We may need additional information from you to verify your request. In order to verify your request, we may need to obtain additional information about you to match the information we already have about you. If you provide us with new personal information that we did not already have about you, we will use it solely for the purposes 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 request, we will let you know.
We aim to promptly verify your requests and respond to your requests within 45 days of receipt, but may require up to a total of 90 days to respond to your requests. If we require additional time beyond the initial 45 days and that time is reasonably necessary, 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).
The CCPA does not apply in full to all personal information we collect from California residents. As set out in “Scope” above, the CCPA is not fully applicable to much of the personal information we collect from California residents. Therefore, even if you are a California resident and submit a verifiable request, we may not be required to comply with your request.
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.
SmartAlbums relies on a third-party provider in an effort to honor and respond to do not track privacy signals that may be sent by your browser.
This California Privacy Notice may be changed by SmartAlbums or its affiliates at any time and such changes will apply to information we collected from you pursuant to a previous privacy policy. If there are changes to the terms of this privacy policy, documents containing the revised policy on the relevant website will be updated.
If you have any questions or concerns about this California Privacy Notice, please contact us at info@smartalbums.com.
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.
This policy sets out the principles which SmartAlbums collects, uses, shares and otherwise processes your Personal Data in connection with your relationship with us as a SmartAlbums customer, acting for a customer or being generally interested in our services and our publications in accordance with applicable data privacy laws and the GDPR.
Should you have any questions about this Privacy Notice you can contact us at info@SmartAlbums.com or at the address mentioned below.
We may provide supplemental privacy notices on specific occasions, when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your Personal Data. Those supplemental notices should be read together with this Privacy Notice.
The term “Personal Data” as used in this Privacy Notice means any information relating to you such as your name, contact details, bank account details etc. Personal Data does not include data from which you can no longer be identified such as anonymized aggregate data.
The kinds of Personal Data we may collect include your contact details (such as your address, email address and telephone number) and information such as your job title which we will request from you. In addition, we collect the Personal Data you choose to provide to us, e.g. if you contact us by letter, telephone, email or any other means of electronic or personal communication. We will process your Personal Data if and to the extent applicable law provides a lawful basis for us to do so. We will therefore process your Personal Data only:
a) if you have consented to us doing so;
b) if we need it to perform the contract we have entered into with you;
c) if we need it to comply with a legal obligation; or
d) if we (or a third party) have a legitimate interest which is not overridden by your interests or fundamental rights and freedoms. Such legitimate interests will be the providing of legal services by us, administrative or operational processes within SmartAlbums and direct marketing.
We will use your Personal Data to deliver services to you. We may also use your Personal Data to inform you about our services, new developments and our marketing events.
Please note that we may use or disclose Personal Data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We may need to request specific information from you to help us confirm your identity and ensure your right to access Personal Data (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.
It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes during your relationship with us.
It is in your sole discretion to provide Personal Data to us. If you do not provide us with all or some of the Personal Data we request, we may not be able to provide products or services you, to enter into a contract with you or to send you the requested (marketing) information.
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
When using your Personal Data for the purposes and on the legal basis described above, we may have to share your Personal Data with regulators, public institutions, courts or other third parties.
For the purposes described above we may have to transfer your Personal Data from the European Economic Area (EEA) to a third party outside of the EEA and in a jurisdiction not being subject to an adequacy decision of the European Commission. We will always ensure that there is a legal basis and a relevant safeguard method for such data transfer so that your Personal Data is treated in a manner that is consistent with, and respects the EU laws and other applicable laws and regulations on data protection. We have put in place EU standard contractual clauses as our safeguard method. If you require further information about this you can request it from info@smartalbums.com.
You have rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
You also have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to have us transmit those Personal Data to another controller, if you have provided these Personal Data to us, if the processing is based on consent pursuant to point (a) of Article 6(1)of GDPR or point (a) of Article 9(2) of GDPR or on a contract pursuant to point (b) of Article 6(1) of GDPR and the processing is carried out by us by automated means, subject, however, to legal restrictions which may apply.
If you want to exercise one of these rights, please contact us at info@smartalbums.com.
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, or, as the case may be, any other competent supervisory authority of an EU member state.
In case you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. To withdraw your consent, please contact info@smartalbums.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. In case we processed your Personal Data for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your Personal Data for such marketing purposes.
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
Upon expiry of the applicable retention period we will securely destroy your Personal Data in accordance with applicable laws and regulations.
You will in general not have to pay a fee to exercise any of your individual rights mentioned in this Privacy Notice. However, we may charge a reasonable fee if your request to exercise your individual rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We do not apply automated decision making techniques.
Our data protection officer can be reached at SmartAlbums Inc., 1209 Orange Street Wilmington, Delaware, 19801, or by emailing info@smartalbums.com.
We reserve the right to update this privacy notice at any time, and we will make an updated copy of such privacy notice available on our website.
If you have any concerns or require any further information, please do not hesitate to contact info@smartalbums.com.
Our Services are intended for professional use. The SmartAlbums Terms and Conditions requires that Users must be at least 18 years old, and if under 18, Users must possess the legal consent and be under supervision of a parent or guardian. No one under the age of 16 is permitted to use the Services. We therefore do not knowingly collect, maintain, or use Personal Information from children under the age of 18 without parental consent, and no part of the Services is directed to children under the age of 16. If we become aware that we have inadvertently collected Personal Information from a child under 18 without proper consent, we will delete such information promptly.
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 SmartAlbums 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. We will handle such transfers in accordance with applicable data-protection laws and our Data Protection Privacy Notice, including the use of appropriate safeguards such as Standard Contractual Clauses when required.
We will retain your information for as long as your account is active or as needed to provide you the Services, including for fulfilment and support services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and follow mandatory record-keeping laws. After that period, the Party will securely delete the data or make it impossible to identify. Further, We will retain and use your information as necessary to comply with fulfillment and support obligations arising from our agreements with a third-party (including any Print Lab) pursuant to which we received your information (consistent with such third-party’s privacy policies), where such third-party has contracted with SmartAlbums to provide SmartAlbums products and services (including but not limited to SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on). For clarity and avoidance of doubt, SmartAlbums shall be responsible only for retention as required by (i) this Privacy Policy, and (ii) as may be further required by a SmartAlbums agreement with a third-party. Data shared by a third-party with SmartAlbums shall be retained by SmartAlbums subject only to this policy. Data shared by SmartAlbums to third parties hereunder shall be subject to such third-party’s privacy policies. Third parties are solely responsible to manage their data and data retention as set forth in their agreements with SmartAlbums and their own policies, for which SmartAlbums shall have no responsibility.
If you no longer wish to use the Services, you may deactivate your account by sending us an email to info@smartalbums.com. After you deactivate your account, you will not be able to sign into the Services or access any information stored on SmartAlbums 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.
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@smartalbums.com. If you have any questions or concerns about this Privacy Policy or the use of your information, please contact us at info@smartalbums.com.
If we make material changes to how we use Personal Information, we will notify you by email or by posting a notice on our website before the changes take effect.