Date of Last Revision: January 2, 2020
Deal Design, Inc. (Deal) is passionately committed to the privacy of our customers.
For information about how to change your privacy settings, or to request to be removed from our marketing lists, please contact: firstname.lastname@example.org.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you:
- Create an account and subscribe to our newsletter or request an estimate;
- Purchase photo prints or other products or services;
- Participate in a survey, contest or sweepstakes;
- Contact us for any reason, such as to request help with the Services or to provide us with your comments/feedback; or
- Post information in connection with your marketing services.
The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, bank transfer information, title, gender, and other information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about your use of the Services, including:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, screen resolution, color and depth, device identifiers and mobile network information.
- Location Information: With your consent, we may collect information about the location of your device. For example, we use your location information to provide you with the option to add POI data to your photo. For more details, please see “Your Choices” below.
Information Collected by Cookies and Other Tracking Technologies
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with our billing for the Services. When somebody buys a gift for you on our service, we’ll receive your shipping information from the purchaser. Users also can share another person’s email address with us through features that can invite the other person to view the user’s content.
Use of Information
Our use of the following information, which we call “Personal Data,” is limited by our agreements with our registered users: (i) images and videos that the user uploads to or creates in the Services, and (ii) any labels, tags, comments, descriptions or categorizations that user adds to those images and videos in the Services.
We use other information for the following purposes:
- To analyze, personalize and improve our Services;
- To provide the products and Services you order;
- To respond to questions, concerns, or customer service inquiries;
- To facilitate contests, sweepstakes and surveys;
- To enforce the legal terms that govern our business and commercial relationships;
- To comply with law and legal process and protect rights, safety and property; and
- For other purposes requested or permitted by our users or other relevant individuals, such as website visitors.
Sharing of Information
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Deal or others;
- In connection with, or in anticipation of, any merger, divestiture, consolidation, bankruptcy, sale of company assets, financing or acquisition of all or a portion of our business to another company, or other significant corporate event (in which case the acquiring entity may use the information pursuant to its own privacy policies and procedures, to the extent legally permissible); and
- With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or anonymized information that does not directly identify you.
Our sharing of Personal Data is governed by our agreement with the relevant user.
Social Sharing Features and Third-Party Integrations
The Services may offer social sharing features and other integrated tools which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends, the public, and others, depending on the settings you establish with the entity that provides the social sharing feature, and depending on that entity’s other sharing practices. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others
Legal Basis for Processing
The laws in some jurisdictions require companies to tell you about the legal grounds that allow them to use or disclose your personal data. Where those laws apply, our legal grounds are:
- Legitimate interests: We often handle personal data because it furthers the legitimate interests of Deal (or of our customers, affiliates, business partners, or suppliers) in business activities such as the ones listed below, and because that handling of data does not unduly impact your interests, rights, and freedoms:
- Facilitating free speech, artistic expression, and journalism;
- Providing customer service;
- Some of our marketing and advertising activities;
- Analyzing and improving business activities;
- Protecting business activities, individuals, and property (for example, protecting against abuse of our Services); and
- Managing risks and legal issues.
- To honor our contractual commitments to the individual: Some of our handling of personal data is necessary to meet our contractual obligations to individuals, or to take steps at the person’s request because we are planning to enter into a contract with them. For example, when we process an individual’s personal payment data for a subscription, we are relying on this basis.
- If the law requires consent, and in some other cases, we handle personal data on the basis of consent. For example, we conduct some of our marketing-related activities on the basis of consent.
- If the law allows, we may be able to infer consent from the circumstances.
- Legal compliance:We sometimes need to use and disclose personal data to comply with our legal obligations.
- Legal claims:Sometimes we use or disclose personal data because it is necessary to establish, exercise, or defend legal claims.
We process a user’s Personal Data as the user’s “processor” (under the GDPR and similar laws) or “service provider” (under the California Consumer Privacy Act) as set forth in our agreement with the user.
Deal takes physical, technical and administrative measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no security measure is perfect. Deal cannot and does not promise that any information will remain secure.
To provide the Services, we may transfer your information to servers operated by Deal or our service providers or affiliates in the United States or other countries. When we transfer information from the European Economic Area (“EEA”) or UK to countries that the European Commission has not deemed to provide an adequate level of protection, we normally do so on the basis of either (i) Standard Contractual Clauses approved by the European Commission for such purpose or (ii) the recipient’s participation in the EU- U.S. Privacy Shield Framework (described below). You may request a copy of the Standard Contractual Clauses by contacting us as described below.
Deal complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data we receive in the U.S. from the European Economic Area, and Switzerland. This commitment extends to the personal information received in the U.S. from the UK, regardless of the status of Brexit. Deal has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification (which is part of the certification of our parent company, SmugMug, Inc.), please visit https://www.privacyshield.gov/.
Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. Deal is subject to the investigatory and enforcement powers of the Federal Trade Commission.
If we share personal data transferred to the U.S. under the Privacy Shield with an agent that processes such data on our behalf, then we will have certain responsibility under the Privacy Shield Principles if both (i) the agent Processes the information in a manner inconsistent with the Privacy Shield Principles and (ii) we are responsible for the event giving rise to the damage.
Our Services allow our users to transfer Personal Data (such as by publishing it), and our users (not Flickr) are responsible for their transfers.
Privacy Requests Regarding Users’ Data
For privacy-related takedown requests, or to exercise any rights you may have under privacy law regarding images or videos that a Deal user uploaded to or created in the Services, or any labels, tags, comments, descriptions or categorizations that the same user added to Data ?in the Services (Personal Data), please contact that user directly. Deal processes this data on behalf of the user, and the user has responsibility for handling these requests. Under the GDPR and similar laws, Deal is the user’s “processor” of this limited set of data, and under the California Consumer Privacy Act (CCPA), Deal is the user’s “service provider” for this data. Deal users can follow the instructions below to handle privacy requests or to otherwise manage their Personal Data.
Please see the “Advertising and Analytics Services Provided by Others” section above for options for controlling cookies and similar technology.
You may opt out of receiving promotional communications from Deal by following the instructions in those communications or by contacting us email@example.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Other Data Protection Rights
The law of your jurisdiction may give you additional rights to make certain requests with respect to your personal data. This is the case, for example, for residents of the European Economic Area and Switzerland, and, as described further below, residents of California. Our preference is to treat requests from all users in a similar way, regardless of where they live, to the extent we find this practicable and legally feasible. So although we describe the rights that exist under certain specific laws and frameworks below, we are happy to receive such requests from users in different jurisdictions as well.
As a reminder, regardless of where you live, all requests to exercise privacy rights with respect to Personal Data should be addressed to the user who uploaded that content, not Flickr.
Under the Privacy Shield and laws like the GDPR, some individuals have a legal right to request access to, correction of, or deletion of certain personal data we store. In some cases, they are entitled to receive a copy of the personal data they provided to us in portable form or to request that we share it with a third party. The law also gives them the right to request certain restrictions on the use of their personal data, to object to our use of their personal data, or, where applicable, to withdraw their consent to use of their personal data (which will not affect the legality of any processing that happened before your request takes effect).
People who live in the UK or elsewhere in the European Economic Area (and certain other people) have additional rights to opt out of our use of personal data for direct marketing. They can exercise their rights to opt out, or to object to other processing, by contacting us as described below.
Every individual has the right to lodge a complaint with the data privacy authority where they reside.
Additional Privacy Details for California Residents
CCPA categories of California personal information we collect:
CCPA description of uses of California personal information:
CCPA “sale” of California personal information
Deal does not “sell” and has not “sold” its personal information in the way most people understood those words before the CCPA was passed. We don’t sell copies of our user lists like a data broker would, for example.
California Privacy Rights
This section describes rights under California law, but we plan to accept requests under this law from non-Californians, to the extent practicable and legally permissible. California law may permit you to request that we:
- Provide you with a list of the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we disclosed and (if applicable) “sold” personal information in the CCPA sense.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
Certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.
To exercise any rights relating to “Personal Data”, including (i) the images and videos that Photographer uploads to or creates in the Services or Products, or (ii) any labels, tags, comments, descriptions or categorizations that Photographer adds to those images and videos in the Services or Products, users should contact the relevant user, and not Deal.
To contact Deal to exercise CCPA rights with respect to other data, please firstname.lastname@example.org for the fastest response. Alternatively, you can make your CCPA request via written and mailed correspondence by using the mailing address below, under the Contact Us section. Requests cannot be accepted by telephone.
Deal Design, Inc.
8910 University Center Lane
San Diego, CA 92122
By Email: email@example.com
8910 University Center Lane
San Diego, CA 92122
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