Privacy Policy

Introduction

This Privacy Policy (as updated from time to time, “Policy”) applies to our Portraits.com, Portraitinnovations.com and related websites (as applicable, the “Site”) and our physical, retail portrait studios (“Studios”) provided by or on behalf of Portrait Innovations, Inc. (“Portrait Innovations”, “we” or “us”).  Such Sites and Studios, and the relationships, products and services provided through such Sites and Studios, are referred to in this Policy as the “Services.”  We encourage you to read this Policy in its entirety.

As the Services will continue to be developed to implement new technologies and improve the services and features we provide or as we may modify our collection, use and disclosure practices to assure compliance with applicable privacy laws, we may change this Policy from time to time without notice.  For this reason, we encourage you to check the Policy each time you visit the Site or one of our Studios.  By using the Services, you agree to the terms of the Policy in effect at that time.

As used in this Policy, “Personal Information” means personally identifiable information, that is, information that identifies a particular person, such as name, street address, telephone number, family member information, date of birth, credit or debit card number, expiration date, e-mail address and other billing and shipping information.

We want to help you make the most of your use of our Services, and that includes helping to protect your personal privacy.  Some of the features in our Services are offered without collecting any Personal Information from you.  In such instances, the terms of this Policy are applicable only to certain Services made available on a Site.  For those Services that do require us to collect Personal Information, this Policy will tell you what you need to know to make good decisions about your privacy.

This Policy discloses when and how we collect, use, share, and safeguard Personal Information obtained as a result of the use and operation of the Services.  The Personal Information we collect depends on what you do when you visit or use our Services, including the use of the various products or services we offer.  This Policy also explains what to do if you do not want to provide Personal Information when you visit or use our Services, and how to correct or change information you have already provided to us.

By navigating or otherwise using the Services, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted.  If you do not agree with any terms or practices described in this Policy, please do not use our Services.

 

Children

We do not intend to collect any Personal Information from children through the Services.  Where appropriate, we will specifically instruct children not to submit Personal Information to our Services and/or will take reasonable steps to ensure that we obtain parental consent to such submission.  Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited email or other contacts.  We encourage all parents to instruct their children in the safe and responsible use of the Internet.  Our Services are not directed to persons under the age of 18 and we do not knowingly collect, use or retain any Personal Information from any person under that age.  In addition, we will delete any records of such Personal Information that come to our attention. Those under the age of 18 should not use our Services or provide us with any Personal Information.

 

Collection of Personal Information

We may collect Personal Information from you when you provide Personal Information to us, such as by using our Services to request information about our products, setting up a user account or accounts and password(s), logging in as a registered user of the Site, searching for a product, making an order for a product, providing information in your account or accounts, communicating with us by phone, e-mail, or otherwise or if you complete an entry form to participate in a contest, promotion or survey that we may conduct or sponsor.  As a result of these actions, you may supply us with Personal Information about yourself or about people to whom purchases are to be shipped.

Sending Personal Information to us is entirely voluntary; however, if you do not provide the Personal Information requested, we may not be able to provide requested information to you, process your requested transaction or sell or ship goods to you and we may elect to not make the related services available for your use.  If you send us an e-mail, you should know that e-mail is not necessarily secure against interception.  If your communication needs to include information you consider particularly sensitive, please contact us by postal mail rather than e-mail.

When you schedule an appointment for a professional portrait session at one of our Studios, we collect certain Personal Information such as your name, phone number, number of adult and children participants, names, dates of birth and any special instructions you may provide us.  We use this information to prepare for your session and remind you of an upcoming appointment.  During your professional portrait session, we capture digital photographic images for purposes of presenting, displaying, editing and allowing you to review and select the portraits of your choice, as well as select and purchase photo products bearing such images.  At the time of selection and ordering, including selecting and ordering on one of the Sites, we also collect Personal Information such as your name, address, phone numbers, email address, payment and other information so that we can process your transaction.   

To help us tailor the Services to the needs and interests of our visitors, we may collect various types of information from you that do not identify you personally regarding your general use of the Services. 

For each visitor to our web page, our web server automatically recognizes the consumer’s domain name and e-mail address (where possible).  We also collect e-mail addresses of those who communicate with us via e-mail and information volunteered by you, such as survey information and/or registrations.

You may also voluntarily subscribe to receive updated information and newsletters regarding our latest products and services via e-mail or text message.  Except for the personally identifiable information you voluntarily provide us as described above, we do not actively collect your personally identifiable information without your consent.

We may combine Personal Information obtained from users of our Services with Personal Information that we obtain from public records or third parties in order to create enhanced databases for marketing and similar business purposes.

It is never necessary to provide us with a Social Security number or similar national identification number.  If you receive a request purporting to come from us that requests such information, please do not respond.

In addition, we collect or may collect information in the following ways:

Demographic Information. We may collect anonymous demographic information (such as your zip code, income level, gender and age), and may use this data to tailor your experience using our Services, provide content that we think you might be interested in, and display the content according to your preferences.

Email Newsletters. You may have the opportunity to sign up (opt-in) to receive email newsletters, text messages, coupons and other promotional mailings from us and our partners during registration and at other times when we request your contact information.  You may unsubscribe (“opt-out”) from receiving future mailings at any time.  To view methods for opting-out, please refer to Opt-Out below.

Log Files and Consumer Research.  The servers for the Site use log files.  These logs record aggregate (non-personally identifiable) information about the usage of the Site such as internet protocol (“IP”) addresses, browser types, internet service providers, referring/exit pages, pages accessed, platform types, session times, clickstream data and the like.  These log files may be used in conjunction with Cookies and Web Beacons.  This resulting information is used for traffic analysis, to gather broad demographic information concerning aggregate use and to perform consumer research.

Third Party Links.  If you establish a link from a personalized webpage of the Site to a third party website, we may also collect publicly available information regarding you from such third party website. 

 

Cookies

We may use “cookies” to track your preferences and use of the Site.  Cookies are pieces of information that are sent by web sites and stored on your computer’s hard drive for future access.  The use of cookies is a common practice adopted by most major sites to better serve their clients.  They provide you a service by allowing us to recognize your computer to save you from having to re-enter the same data every time you visit the Site.  They also allow us to learn how visitors use the Site.  The resulting aggregated usage data enables us to tailor our content to our visitors’ interests and to help our advertisers better understand the preferences of our visitors.  This information does not reveal your identity although, in some cases, we may have to combine this non-identifiable information with Personal Information to enforce compliance with our Terms and Conditions or to protect our Services, visitors or others.  In the course of serving advertisements to the Site, our third-party advertisers may also place or recognize a unique cookie on your browser.

If you do not want to receive cookies, you may set your browser to reject them. See your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely.  However, if you turn cookies off, you will not have access to some of Portrait Innovations’ features and services.  You must accept a cookie in order to place products in your shopping cart and make a purchase from the Site.

 

Web Beacons/Clear Gifs/Web Bugs

The Site may contain electronic images known as “web beacons” (or “clear gifs” or web bugs).  These web beacons are invisible single-pixel gifs (a kind of graphics file) and are employed by us and/or by one or more of our advertising partners.  They help us better manage content on the Site by informing us what content is effective.  They allow us to count visitors to the Site and deliver co-branded services.  Web beacons collect limited information including cookie number, time and date of a page view and a description of the page on which the web beacon resides.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our visitors’ Personal Information.

We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients.  They also let us know whether an e-mail recipient is capable of receiving HTML-based e-mail.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.  If you do not wish to receive-mails with clear-gifs, you can set your e-mail program so that it does not accept HTML-based e-mail and instead uses only a plain text format for e-mails.

 

How We Use Your Information

We limit the manner in which Personal Information is used.  We may use your Personal Information and other demographic or profile information you provide to us to: (i) provide information that you request; (ii) process your order or request and otherwise contact you when necessary; (iii) send you or your friends, relatives or associates, portraits or products that you have ordered or shared; (iv) maintain contact with you and provide you with ongoing personalized service; (v) communicate with you (via e-mail, post or otherwise) and provide you with promotional materials and additional information regarding our products, services, surveys, contests, promotions and special offers some of our partners and third party companies in which we think you may be interested; (vi) help us learn more about your shopping preferences; and (vii) conduct marketing and performance research, to assist us in measuring our customer service, benchmarking our performance and to help us improve our shopping experiences and product offerings.  As provided below, you may always choose not to receive promotional materials or marketing information.

We use log file information and anonymous demographic information to tailor your experiences using our Services by showing content in which we think you will be interested and displaying content according to your preferences.  Anonymous demographic information may be shared with advertisers and market researchers on an aggregate basis. We use information collected to evaluate and improve our Services. We may develop and use, in our sole discretion, consumer research which may be based on your use of our services.  Personal Information is not linked to aggregated demographic information or consumer research.

It is necessary that we store the professional portraits taken during a portrait session at our Studios on our computer servers and systems or by our third party hosting provider.  Customers who purchase portraits at a certain level may be provided access via the Site to their purchased portraits during the Studio visit which are stored on our servers or by our third party hosting provider.  Also, if you submit any content, pictures, images, materials or other submissions via the Site, we will store such content on our systems and servers or by our third party hosting provider.  We typically store such images and content for a period of 30 days, but reserve the right to store the images and content for shorter or longer periods of time as determined by us.  We may also delete such images and submissions without notice or liability to you.  Accordingly, we advise that you maintain a separate back-up copy of any of your submissions for your archival purposes.  

We do not sell, rent or lease your personally identifiable information to non-affiliated third parties other than as stated in this Privacy Policy.  We may disclose Personal Information in special cases if required to do so by law, court order or other government or law enforcement authority; or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the interests, rights or property of Portrait Innovations, another user or anyone else that could be harmed by such activities.  We may also use or disclose Personal Information to detect and respond to any misuse of the Site or violation of our Terms and Conditions.

Visiting our Studios for a portrait session is a public experience and images taken are viewable by other customers and third parties within or near our Studios.  Likewise, any submissions you may make to the Site may be viewable by third parties.  No expectation of privacy should be with respect to our Services, portraits or submissions by our customers.  We are not liable for any third parties having access to or viewing your portraits or submissions.

We take precautions to ensure that each of our customers receives exactly and only the portraits and products ordered by such customer.  Despite these efforts, occasionally portraits and products may be inadvertently shared or delivered to other customers or third parties, such as inclusion of prints with another customer’s set of prints, extra images copied to a image CD, or routing, shipment or processing errors of ordered products.  While we are not responsible for such disclosures, we will use commercially reasonable efforts to promptly correct any such instances brought to our attention.  

 

Third Party Service Providers

We use third party vendors and service providers to manage certain aspects of the Services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Services.  Specifically, we transfer your images and submissions to third parties for the production and fulfillment of products you order from us.  In those instances, your contact and financial information may either be collected by, or shared by us with, such third party service providers as necessary to fulfill your requests and, in some cases, your information may be retained by such third party service providers for their records.  We may sometimes need to disclose Personal Information to persons that provide corporate services to us, such as accountants, auditors and attorneys.

We generally prohibit these third parties from using Personal Information for any purposes other than the purposes for which they were engaged.  We also generally require that these third party service providers agree to safeguard your information with at least the same level of protection as afforded by our Privacy Policy.  We cannot be responsible, however, for any damages caused by the failure of unaffiliated third parties to honor their privacy obligations.

 

Links to Third Party Web Sites

The Site may contain links to websites operated by third parties.  This Policy does not apply to websites that are linked to the Site.  By clicking on such link, including an ad banner regarding another website, you will be redirected off the Site and to third party websites.  These websites may collect your Personal Information.   We are not responsible for the privacy policies of such sites.  By using the Services and/or accessing a third party’s website from the Site you release Portrait Innovations of any responsibility for, the actions, practices and omissions of such third parties. You should make sure that you read and understand the privacy policies of these sites before providing any Personal Information to them. You should direct any concerns regarding external links to the site administrator or webmaster of that third party website.

 

Third Party Ad Servers

You may see ads appearing on the Site for goods and services other than those offered by Portrait Innovations.  If so, these ads are being delivered to you by one or more third party advertising companies with which we have partnered.  Information about your visit to the Site, such as number of times you have viewed an ad, date/time at which the ads were shown, the advertisers’ cookies, and the advertisers’ IP address is used to serve ads to you on the Site.  In addition, we share web site usage information about visitors to the Site with these companies for the purposes of managing and targeting advertisements, measuring their effectiveness, and for market research analysis on the Site and other sites.  For these purposes, we and our third-party advertising company may note some of the pages you visit on the Site. 

 

Retention of Personal Information

We will use or retain your Personal Information in accordance with the terms of this Policy, and for so long as is needed to fulfill your requests, support the services you have requested, process your orders, comply with legal and tax requirements or otherwise as determined by us.

 

Security of Personal Information

We take reasonable precautions to keep Personal Information secure, both during transmission and once we receive it.  These precautions include the use of Secure Socket Layer (“SSL”) technology to protect credit card information and other Personal Information you provide in connection with purchases or other similar transactions.  SSL encrypts the information you send to the Site as it is being sent.  In addition, we take reasonable measures to store all Personal Information in a secure location behind a firewall with limited administrative access.   We also encrypt your credit card number when we store your order and if we transfer that information to a third party. 

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.  Accordingly, we cannot guarantee that our security measures will prevent third parties from obtaining any such Personal Information and images and cannot be responsible for loss, corruption or unauthorized acquisition, use or loss of personal information provided to us via our Services or for any damages resulting from such loss, corruption or unauthorized acquisition. 

 

Opt-Out

Any feature on the Site requiring registration allows you to opt-out from receiving any emails, text messages, newsletters, coupons, product offers, or other correspondence from either us or our business affiliates.  In addition, if after registering, you would no longer like to receive any such materials or correspondence, please contact us.  Indicate your preference to “unsubscribe,” and we will promptly remove you from our list.  Please be sure to include your name and e-mail address in the e-mail.  You will need to send separate e-mails if you are registered for more than one of our features or services.  In addition, all e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time.

 

Correct/ Update Personal Information

If you would like to review, correct or update your Personal Information, including providing a new e-mail address, please contact Customer Service as provided below.  Please be sure to include your old e-mail address, your postal address and telephone number.  We may contact you by mail and/or telephone to verify your identity and will provide you the information you request.  To protect Personal Information, we reserve the right to require additional forms of identification and to withhold the requested Personal Information until we are reasonably satisfied as to the identity and authority of the person making the request.  We reserve the right to charge for the cost of the providing the information. 

 

Business Transitions

In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.

 

Visitors From Outside the United States

All Personal Information collected through our Services is collected, stored and processed in the United States.  By submitting Personal Information via the Services, you are consenting to the collection, storage and processing of your Personal Information in the United States according to applicable US law.  US law may not accord protection to Personal Information that is equivalent to that provided by the data protection laws of the country of which you are is a citizen or permanent resident.

We reserve the right to transfer such information to other countries for storage and processing in order to achieve operational efficiencies.

 

Changes in This Privacy Policy

As previously mentioned, we may modify and update this Policy, Services and/or our related business practices at any time and from time to time without notice, including in response to new, unanticipated uses not previously disclosed in our privacy notice.  If we decide to change our Policy, we will post those changes here and we will change the “Last Updated” date at the top of this page.  Any such changes to this Policy will not be applied retroactively to information we have previously collected.  Your decision to continue using the Services after we have made changes will be deemed to be your consent to the changes in the Policy.  You are responsible for regularly reviewing this Policy and any changes thereto.  We encourage you to visit this area frequently to stay informed.

 

Contact Us

If you have any comments, questions or complaints about this Policy, please contact Customer Service at:

Customer Service

Portrait Innovations, Inc.

2016 Ayrsley Town Boulevard, Suite 200

Charlotte, NC 28273 U.S.A.

 

Effective Date: October 10, 2012

Copyright © 2014 Portrait Innovations, Inc.

 

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