SHUTTERFLY, LLC PRIVACY POLICY

Last Modified: January 1, 2023

At Shutterfly, our purpose is to help our customers capture, preserve, and share life’s important moments through professional and personal photography, and personalized products.  We are equally committed to respecting your privacy.

This Privacy Notice (“Notice”) explains how ShutterflyCanada.ca collects and uses personal information, and the choices you can make.  This Notice applies to your use of Shutterfly.ca (the “Site”).  This Notice also addresses information we collect from you when you contact one of our customer service representatives, or when you respond to a survey or enter a contest or sweepstakes that we administer.

Our Site may be linked on other websites or may contain links to other websites. Our Privacy Notice only applies to our Site, and we are not responsible for the privacy practices, security standards, or content of other sites. You should check the privacy policies of those sites before providing your personal information to them.

We encourage you to read this Privacy Notice in its entirety before using our services. By creating an online account, using our services, or making a purchase with any of our brands, you acknowledge that you have read and agree to this Privacy Notice. Your use of our Site is also subject to our Terms and Conditions.

What personal information do we collect? How do we use that information?

How do we share your information with third parties?

Does our website collect information from children?

What options do you have to limit our collection and use of your personal information?

How do we keep your information secure?

How do we make updates to this Notice?

How can you contact us with questions about your privacy or this Notice?

We collect various types of personal information when you register with us via our website (our “Site”); purchase any products or services from us; contact one of our customer service representatives; or complete a survey or enter a contest or sweepstakes that we sponsor. This information may be collected directly from you (for example, when you complete our forms or enter your information on our website to make a purchase) or indirectly through your device or browser when you visit our Site.

We use your information to manage your account, fulfill product orders, to customize and improve the advertising and content you see, with your consent or in accordance with applicable law, to deliver marketing communications and promotional materials that you may be interested in, to contact you and provide customer service, to protect the security or integrity of our databases or websites, to detect and prevent fraud or illegal activity, to take precautions against liability, to detect and remediate violations of our Terms of Use or other misuse of our Sites and Apps, to develop and improve our products and services, and for internal operational purposes.

We may also collect and analyze aggregated and/or anonymized information to produce statistical data to help us improve our provision of the services and manage user activity across our websites and apps.

The following chart describes what categories of personal information we may collect, how we collect that information from you, the business purposes for which we generally use such information, and which types of trusted third-party service providers we may share that information with:

In addition to any personal information that you might provide when you do things like buy our products and services or create an account with our brands, we may also have access to other information about you if you interact with our brands via social media, or in certain other situations.

If you log into your account on our Site you may also have the ability to upload photos from your social media accounts through an API account verification process. We will have access to certain limited information from that site, such as your name and profile photo, in accordance with the social media site’s account verification procedures if you choose to use that photo upload feature

If you interact with content on our social media profiles (for example, if you “like” or share a post from one of our brand’s Facebook, Twitter, or Instagram accounts), those social media sites may share information about you with us, including your public profile, e-mail address and friend list. If you choose to “like” or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. You should review the Privacy Policy of that social media site and check your privacy setting through that site. If you post information on a social media or another third-party service that references our brands or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites

The content you choose to upload to our service, including your photos and the information you store in your address book, may include personal information of others.  If you choose to share your photographs or other information with someone else through a feature we offer, we will use the personal information you provide (for example, the e-mail address of the recipient) to fulfil your request and for other purposes described in this Privacy Notice. Before you upload and/or share personal information of others through our service, please ensure that you have the consent of such persons to do so.

When you upload your photos to our platforms or give us permission to access the photos stored on your device, your photo content may also include related image information such as the time and the place your photo was taken, tags and similar information stored by your image capture device. If you wish to restrict the transfer of image metadata in your individual photos, please adjust the settings on the device used to capture the image.

Cookies

We use a technology called "cookies". A cookie is a tiny element of data that our website sends to a user’s browser, which may then be stored on the user’s computer so that we can recognize the user’s computer or device when they return. Cookies may provide us and our service providers with information that we will use to personalize our website in accordance with a user’s preferences. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our website, you may not be able to take advantage of certain features. We may also use a third party to help us gather and analyze information about the areas that users visit on the website to evaluate and improve the customer experience and the convenience of the website.

Analytics

We may also use a third party such as Adobe Analytics to help us gather and analyze information about the areas visited on the Platform (such as the pages most read, time spent, search terms and other aggregated engagement data) to evaluate and improve the user experience and the Platform.

We may also obtain data that is publicly available or from third party sources, such as address verification services or third-party marketing database partners, to improve the accuracy of and add to what we know about our customers and prospective customers. We may combine this information with your personal information for the purposes described in this Notice.

We do not sell, license or share the personal information we collect with unaffiliated third parties for their marketing purposes.We may share personal information in the following situations.

We sometimes use third-party service providers to act on our behalf, for example to help us fulfil your product orders, process payments, enhance and personalize your shopping experience with us, or to deliver our advertisements. Our service providers may receive your name and contact information, payment information, photos and other content you upload to our Sites and Apps, information about purchases you’ve made, cookies and other device identifiers, IP address, and website browsing and interaction activity. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

Shutterfly may share your information among our corporate affiliates and subsidiaries for purposes described in this Policy. We also work with third parties who act as our partners to offer you joint products and services. If you decide to use such products or services, we will share certain information about you with our partners for use as need to enable us to provide the service.

We may be required to disclose your personal information in other, limited circumstances. For example, we may be required to disclose certain information to respond to a subpoena, warrant, court order or similar judicial process, to comply with provincial, federal or local laws, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies, or as otherwise permitted by law.

If necessary, we may also share information with law enforcement without a subpoena, warrant, court order or similar judicial process or similar judicial process if we reasonably believe that doing so may help protect the personal safety of a customer, a photo subject, or members of the public. We reserve the right to report to the appropriate law enforcement or government agencies any information that we believe may be evidence of criminal activity or violation of any applicable law.

Additionally, your information may be shared with another organization if, for example, we consider transferring (or actually transfer) the ownership or operation of the Site because we have merged with or have been acquired by another organization, or if we liquidate our assets or if we engage in any other business transaction. In those cases, the new company’s use of your information will still be subject to this Notice and the privacy preferences you have expressed to us.

We may also use or share your information to protect our own rights and interests, such as to resolve disputes, enforce our terms of service, to protect the rights and interests of our customers from individuals or organizations that violate the law.

Our Sites and Apps are intended for use by general audiences and are not targeted directly at children. We will not knowingly collect personally identifiable information from minors. If we become aware that a minor has provided personal information through our websites or apps, we will remove their personally identifiable information from our files. If a parent or guardian becomes aware that their minor child has provided such information through our websites or apps, the parent or guardian should contact us in writing at legal@shutterfly.com so that we may respond appropriately.

You have choices about how your information is collected and used. 

Although no website, application, database or system is completely secure or “hacker proof,” we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical and administrative safeguards and security measures. Despite these measures, however, we cannot guarantee that our information security safeguards will never be compromised.

As we implement new technology and introduce new services or otherwise change our privacy practices, or in response to changes in applicable laws or regulations, we may modify this Notice and provide notice to you by posting updates on this page. Please check back periodically to view any updates. Changes to our Privacy Policy will become effective when posted.  If we change this Privacy Policy in a material way, we will endeavor to promptly notify our customers through a prominent notice on our Site.  

For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact: privacy@shutterflycanada.ca.

At Shutterfly, Pictures are the Big Picture.

The photos and other content that you upload to your Shutterfly account (“Your Content”) may include personal information about you or others, and this section of our Privacy Center addresses frequently asked questions about Your Content.

At Shutterfly, we value the trust you place in us when you store Your Content on our platform, and we can assure you that we treat Your Content as private information that belongs to you.  We share your photos only in the following circumstances:

• If you ask us to. Enabling you to share your photos electronically is one of the key benefits we offer at Shutterfly. You can send an email invitation to your selected recipients, and then allow them to view, save, or purchase products from your pictures. This email invitation contains a link created specifically for your pictures.

• Order fulfilment. To provide our service, the Shutterfly employees and agents who work to fulfil your order and service your account may see your Content in the course of performing their jobs.  Similarly, if you order a product that includes Your Content, we may share Your Content with third party partners who help us fulfil your order. These parties are only allowed to use your photos to perform services for Shutterfly, though – they can’t use them for any other purpose.

No, Shutterfly does not use your photos in our advertisements. Photos you upload to Shutterfly may be incorporated into product recommendations that appear on your Shutterfly homepage or in communications we send to you, but these photos aren’t used in public advertising, and only you will receive customized product recommendations made using your photos. You may opt out of receiving such communications from us and change your contact preferences within your account at any time.

If you have a Shutterfly account, you control how long it remains active. Shutterfly will retain your photos for as long as you maintain Active Participation with us. See [Shutterfly.com/terms/YourAccount] for more details. You can also download and/or delete some or all of the photos in your account at any time. If you delete Shutterfly photos from your account, they will be removed from your Shutterfly web interface immediately, and we will permanently delete them from our system in the regular course of business.