Privacy Policy

Introduction Creative Labs Inc. (“we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By downloading, registering with, or using Creative Labs Inc.’s websites, services and applications (collectively, the “Services”), you agree to this Privacy Policy. This Privacy Policy applies to all information we collect through our Services, even if you have not signed up for a Creative Labs Inc. account. If you do not agree with our policies and practices, do not download, register with, or use the Services. Terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use. Please note this policy does not apply to information: • We collect offline. • On any third party apps or websites, including websites you may access through the Services. • You provide to or is collected by any third party data controller. Those third parties may have their own privacy policies, which we encourage you to read before providing information on or through them. Information We Collect And How We Collect It Information You Provide to Us When you register with, access or use the Services, we may ask you provide information, including personal information, to provide you with Services or the support you request. • Account information: A Creative Labs Inc. account is required for certain features of the Services. If you register for a Creative Labs Inc. account, we may require certain information such as your first and last name, email address, password, studio name, and country. • Payment information: When you use our Services to make, accept, request, or record payments, we may require you to provide certain billing details, contact information (e.g. your name, business name, address, email address, and phone number), financial information corresponding to the selected Services (e.g. a credit card number and expiration date or a bank account number), and in some instances identification information (e.g., date of birth, social security number, or tax identification number). • Additional Profile Information: You may choose to provide us certain additional information as part of your Creative Labs Inc. account profile. • Other Information You Provide: You may choose to voluntarily provide additional information to us by responding to surveys; participating in contests, promotions or other marketing activities; providing suggestions or improvements; or which you otherwise choose to submit through the Services. Information We Automatically Collect and Track When you, access, and use the Services, it may use technology to automatically collect information, including personal information, about the Services and how you use them. • Usage Details: When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services. • Device Information: We may collect information about your device (mobile, computer or otherwise) and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number. • Stored Information and Files: The Services also may access metadata and other information associated with other files stored on your device. • Location Information: The Services may collect information about the location of your device. • Behavioral Information: We also may use these technologies to collect information about your activities over time and across third party websites, apps, or other online services (i.e., behavioral tracking). • Transaction Information: When you use our Services to make, accept, request, or record payments, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, the devices and payment methods used to complete the transactions, and other related transaction details. The technologies we use for automatic information collection may include: Information We Collect from Third Parties We may collect information, including personal information, that others provide about you when they use the Services, or obtain information from other sources and combine that with information we collect through the Services. Any information request regarding the disclosure of your personal information to us should be directed to such third parties. • Other Sources: To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, identify or account verification information, or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. How We Use Your Information Generally We generally rely on the following three main bases to process your personal information: • to perform the contract we are about to enter into or have entered into with you, including the Terms of Use, Privacy Policy, and other agreements and policies. • for our legitimate interests or those of a third party, where your rights and interests do not override those interests; or • to comply with a legal or regulatory obligation. Sometimes, we may rely on other legal bases to process your information, such as where you have given us consent to use your personal information in certain ways or to protect a user’s vital interest. We also may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set forth below. Provide Our Services We use your personal information to: • Provide access, use, and support of the Services. • Provide payment processing and account management. • Provide and facilitate order fulfillment. • Provide customer service and support. • Send you updates, security alerts, and account notifications. • Allow you to communicate with other users, such as during the buying and selling process. • Provide other services requested by you as described when we collect the information. We process your personal information where it is necessary for the adequate performance of the contract with you. We also process this information given our legitimate interest in providing the Services in an effective manner. Understand and Improve our Services We use your personal information to analyze, operate, protect, improve, and customize the Services and user experience, such as by performing data analytics and studying how the Services are used. We process this information given our legitimate interest in improving the Services, understanding how our Services are being used, and developing and growing our business. Administer and Protect the Services We use your personal information to: • Prevent, detect, investigate, and mitigate fraud, security incidents, abuse, or other potentially harmful or illegal activities. • Maintain the network and information security to protect information against loss, damage, theft or unauthorized access. • Perform troubleshooting, testing, and system maintenance. • Conduct security investigations and risk assessments. • Verify your identity. • Conduct checks against databases and other information sources, to the extent permitted by applicable laws and with your consent where required. We process your personal information where it is necessary to comply with applicable laws and regulations. We also process this information given our legitimate interest in the providing administration and information technology services, ensuring network and information security, and complying with applicable laws and regulations. Legal and Safety We use your personal information to: • Prevent, detect, investigate, and mitigate fraud, security incidents, abuse, or other potentially harmful or illegal activities. • Comply with our legal obligations, including managing legal and regulatory requests and requirements. • Enforce or defend our rights under our Terms of Use, Privacy Policy, and other agreements and policies. • Resolve any disputes with any of our users and enforce our agreements with third parties. We process your personal information where it is necessary to comply with applicable laws and regulations or to ensure adequate performance of the contract with you. We also process this information given our legitimate interest in protecting our Services, preventing harm or illegal activities, enforcing or defending our legal rights, and complying with applicable laws and regulations. Provide and Improve our Marketing We use your personal information to: • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Creative Labs Inc. or its third-party partners. • Analyze, operate, protect, improve, and customize the Services and user experience, such as by performing data analytics and studying how the Services are used. We will process your personal information given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest, informing our marketing strategies, and developing and growing our business. Generally, we do not rely on consent as a basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. Where we collect your personal data with consent, you may withdraw your consent for us to use your information at any time by unsubscribing, managing your preferences through your Creative Labs Inc. account, or contacting us. Disclosure Of Your Personal Information We will only share personal information collected through the Services as follows: • With your consent. • To contractors, service providers, and other third parties we use to support our Services, and only for the purposes for which we disclose it to them. • To our corporate family of companies that are related by common ownership or control, to enable or support us in providing the Services. • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Creative Labs Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Creative Labs Inc. about the Services and users are among the assets transferred. • For any other purpose disclosed by us when you provide the information. • To comply with any court order, law, or legal process, including to respond to any government or regulatory request. • To enforce our rights arising from any contracts entered into between you and us, including the Services Terms of Use, and for billing and collection. • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of, our customers or others. • We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes. Your Choices About Our Marketing Activities We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. • Promotional offers from us: You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing. • Third party marketing: We will get your express opt-in consent before we share your personal information with any company outside Creative Labs Inc. for marketing purposes. • Opt-out: You can ask us to stop sending you marketing messages at any time by contacting us at any time at help@CreativeLabss.com or by using the contact information set forth below. Privacy Settings For Subscriptions You have the ability to adjust the privacy settings through the Services, by making them private with password, or completely private. Creative Labs Inc. can, but has no obligation, to monitor your services or any other Content you post on the Services. We can remove any information you post for any reason or no reason. Unless the subscriptions are made viewable in accordance with your settings on the Services, Creative Labs Inc. will not view your subscriptions except: (i) to maintain, provide or improve the Services; (ii) to help you and resolve your support requests; or (iii) as Creative Labs Inc. believes, in its sole opinion, is necessary to comply with or avoid the violation of applicable law or regulation, cooperate with law enforcement, or enforce its rights under the Terms of Use, Privacy Policy, and other agreements and policies with you or third parties. Your Rights Over Your Personal Information If you are registered to a Creative Labs Inc. account, you can update many types of personal information, such as payment, billing, or contact information, directly within your account settings. In some jurisdictions, you are entitled to certain additional rights under applicable law regarding the personal information we hold about you. These rights may include the right to request access to, correct, amend, delete data as well as data portability, the right to withdraw consent when we process your data on that basis, and the right to make a complaint with a local data protection authority. If you are a citizen of the European Economic Area (“EEA”), all of these rights are available to you under the EU General Data Protection Regulation. If you are concerned about data collected as you use our Services or would like to discuss or exercise rights you may have under this Privacy Policy, you may contact us at help@creativelabss.com or by using the contact information set forth below. If we receive your personal data from a data controller for whom we act as a processor (e.g., you are a client of a photographer or studio that used our Service to send you a link to subscriptions or invite you to their online gallery), and you wish to exercise these rights, then we will forward your request to the data controller of your personal data to allow them to respond. Data Retention We will only retain your personal information for as long as is necessary to carry out the purpose for which it was collected, and if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. If you no longer want us to use your information to provide the Services to you, you can request that we erase your personal information and close your Creative Labs Inc. account. Please be aware that because we maintain the Services to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time. Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We are certified as a PCI DSS Level 1 compliant service provider, and our Services are audited annually by a third-party qualified security assessor. All information you provide to us is stored on our secure servers behind firewalls. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. Children Under the Age of 13 The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at help@creativelabss.com or by using the contact information set forth below. Your California Privacy Rights If you are a California resident, you may have the following rights: • Access. You may have the right to access the categories of personal information we have collected about you, the sources from which we collected that information, the business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information, the specific pieces of personal information we have collected about you, and the categories of personal information we disclosed for a business purpose. • Deletion. You may have the right, under certain circumstances, to request that we delete the personal information you have provided to us. • Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your California privacy rights. We do not sell your personal information. In order to protect your personal information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a rights request. If you do not have an account with us, or if we suspect that your account has been compromised, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request. In addition, there may be information we will not return in response to your request, such as information that could affect the privacy of others or violate legal requirements. Likewise, there may be reasons why we cannot comply with your deletion request, such as our need to keep your personal information to comply with a legal obligation. You may use an authorized agent to submit a rights request. If you do so, the agent must present signed written authorization to act on your behalf, and you may also be required to independently verify your identity or your legal authority or ownership of the personal information with us. In addition, California Civil Code Section 1798.83 (the “Shine the Light Law”) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To exercise any of the rights described in this section, please contact us at help@creativelabss.com or by using the contact information set forth below. International Data Transfer Your personal information may be transferred to, stored, and processed in the United States or a country that is not regarded as providing the same level of protection for personal information as the laws of your home country. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protection for your personal information. Whenever we transfer personal data of data subjects of the EEA to countries out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. • Where we use providers based in the US, we may transfer data 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 United States. If you have any questions about security on our Services, you can contact us at help@creativelabss.com. Changes To Our Privacy Policy We may update our Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by email to the primary email address and/or phone number specified in your account, or an in-Services alert the first time you use the Services after we make the change. Modifications will be effective as of the date stated on the update, or such other date as communicated in the notice to you. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this Privacy Policy to check for any changes. Lodging Complaints You have the right to lodge complaints about the data processing activities carried out by Creative Labs Inc. before the competent data protection supervisory authorities. Contact Us To ask questions or comment about this Privacy Policy and our privacy practices, contact us at help@creativelabss.com or Creative Labs Inc., Attn: Data Protection, 901 Alum Spring Rd, Forest, VA 24551.