We collect various types of personal information when you use our websites, mobile sites or mobile applications (our “Sites and Apps”); purchase any products or services from us; engage with us, such as through one of our customer service representatives or on social media; sign up for notifications or register for customer rewards programs; access emails we send you; 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 websites to make a purchase) or indirectly through your device or browser when you visit our Sites and Apps.

We use your information to fulfill product orders, to customize and improve the advertising and content you see, to offer suggestions for personalized products based on your content, 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, for internal operational purposes, to develop and improve our products and services, and for products or services which may incorporate artificial intelligence or machine learning.

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, from time to time we may collect additional information about you through your interactions with us or in other circumstances.

Social Media

If you log into your account with us through a social media site, we will also have access to certain information from that site, such as your name, account information and profile photo, in accordance with the site’s account verification procedures. If you subsequently want to unlink your social media account, please contact customer service or use available tools on the site.

If you interact with content on our social media profiles (for example, if you “like” or share a post from 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. If you post information on a social media or another third-party service that references us or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites. For more information about the privacy practices of any social media sites that you may use to log in to your account or to interact with us, you should review the privacy notice of that social media site and check your privacy settings through that site.

Information You Provide About Others

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 fulfill 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.

Other Information Contained in Your Photos

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. For more information, see the section titled Your Photos, below

Cookies

We and our service providers collect information about how you use our services – for example what web or mobile pages you have viewed – to administer our services, analyze trends, generate analytics, provide a better user experience, improve our products and services, detect and prevent fraud or security incidents and gather broad demographic information for aggregate use. Our Sites, App and emails use pixel tags, web beacons, and similar tracking technologies (collectively referred to as “Cookies”) that are created when you use our online services and are stored on your computer or mobile device.

Cookies help us offer convenient features like storing the contents of your shopping cart until you are ready to check out, remembering your login and account settings, recognizing your browser when you visit, customizing your current and future visits, and providing you with information about products that interest you. Cookies help us personalize your experience and save time during checkout. We also use the information we collect to compile statistics about our visitors and their use of our site to monitor site traffic, develop marketing programs, and improve our website design and content.

We use the information collected by our third-party service providers using Cookies to analyze and track data, improve our services, determine the popularity of certain content, and better understand our users’ online activity. Our service providers may also show you advertisements for our products and services on other websites and may combine this information with other information those service providers have gathered about your visits to those other websites so that the advertisements you receive are more likely to be of interest to you.

Other Sources

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 also may collect information from other companies, organizations, or third-party partners. For example, we may receive information about you from a partner when we jointly offer services or when you elect to link your Shutterfly account with another company’s account.

Employment

In addition to information collected from our customers, we and our service providers also collect certain information from candidates who apply for a job with Shutterfly and our family of brands to contact you about your application and evaluate your qualifications for the position, including your name, phone number, e-mail address, postal address, education information, employment information, information you provide in connection with your application, information you make available on your social media accounts, information that is available publicly, and information you authorize us to collect via third parties, including former employer references.

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Shutterfly will retain your information only for as long as is necessary for the purposes set out in this Notice, for as long as you maintain an account, or as needed to provide the Sites, Apps and associated services (Services) to you. If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. Shutterfly will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax laws), resolve disputes, perform and enforce our agreements, and as otherwise described in this Notice.

We do not “sell” personal information in the ordinary sense of that term. That is, we don’t provide your personally identifiable information to third parties in exchange for money. We may share personal information in the following situations.

Service Providers

We sometimes use third-party service providers to act on our behalf, for example to help us deliver our services, fulfill your product orders, process payments, enhance and personalize your shopping experience with us, deliver our advertisements, and to provide professional, marketing, security and information technology services. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

Partners and Affiliates

Shutterfly is part of the Shutterfly family of companies and brands. We may share your information among our corporate affiliates and subsidiaries for purposes described in this Notice. This allows us to offer features such as the ability to use your Shutterfly account credentials across all of our Web properties and applications where available, and to seamlessly add your Lifetouch professional photos to your Shutterfly account.  Your membership in other organizations and/or retail membership programs we partner with may entitle you to special offers on our Sites and Apps, in which case we share offer redemption information (which may include your information) with the partner as necessary to fulfill our contractual obligations.

Law Enforcement, Mergers, and Other Situations

We may be required to share your personal information in other, limited circumstances. For example, we may be required to share certain information to respond to a subpoena or similar judicial process, to comply with state, 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. If necessary, we may also share information with law enforcement without a subpoena or similar judicial process if 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 transferred to another organization if, for example, we negotiate for or transfer the ownership or operation of the Sites and Apps because we have merged with or have been acquired by another organization, if we liquidate our assets, if there is a change in ownership control, or a financing 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.

Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 18. We will not knowingly collect personally identifiable information from children. If we become aware that a child under the age of 18 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 child has provided such information through our websites or apps, the parent or guardian should contact us in writing at privacy@shutterfly.com so that we may respond appropriately.

You have choices about how your information is collected and used. You can notify us of your preferences when you create an account with us, and if you would like to review or correct your personal information on our Sites and Apps, you can do so via your account settings. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. We may require additional personal information from you for the purposes of verifying your identity and rights.

Some jurisdictions provide additional legal rights including requesting or deleting your data, as described in our Supplemental Notices below.

Opting out of Marketing Communications

If you no longer want to receive marketing communications from us, you can unsubscribe by following instructions contained in the messages you receive, by changing your marketing preferences through your Account Settings, or by contacting us through the Contact Us page of any of our brands. We reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages (for example, communications related to a pending order, an unresolved customer service issue, or a Notice update). We do not offer you the ability to opt-out of receiving those communications.

Cookie Options

You have several options to manage cookies and trackers. If you don’t want our Sites and Apps to collect information using these technologies, you can change your web browser settings to reject Cookies from the site or to alert you before a cookie is placed on your computer. Each browser is different, so you should check your browser’s “Help” menu to learn how to change these  preferences. Please note that cookie and tracker-based opt-outs only apply to the specific computer and browser on which the opt-out cookie is applied. If you clear cookies from your device or switch to a different browser, your opt-out will no longer be valid and you will need to opt out again where you want your choices to apply. If you accept a cookie or tracker, you can delete it at any time through your web browser. If you choose not to accept cookies or trackers used for analytics and site functionality, you will not be able to enjoy all the features available to our registered users.

You may also manage the cookies and trackers we use on our Sites and Apps by following the Cookie Preferences link you will see in the footer of Shutterfly webpages. If you make choices and return to our site from a different browser or machine, you will need to repeat these choices.

The Network Advertising Alliance (“NAI”) and the Digital Advertising Alliance (“DAA”) offer opt-out tools to help you manage your choices for participating companies that use Cookies for Interest-Based Advertising and cross-app advertising. For more information about these tools please visit: NAI Opt-Out Page and DAA Opt-Out Page. You can also opt out of Google cookies by installing Google Analytics’ opt-out browser add-on https://tools.google.com/dlpage/gaoptout, and/or the Google Advertising Cookie out-out browser add-on.

“Do Not Track” is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. Our sites do not currently respond to all “Do Not Track” settings; however, we treat Global Privacy Control signals as requests to opt out of the “sale or sharing” of personal information pursuant to the California Privacy Rights Act.

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 Notice will become effective when posted. If we change this Privacy Notice in a material way, we will endeavor to promptly notify our customers. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms.

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

At Shutterfly, Pictures are the Big Picture.

Shutterfly

The photos and other content that you upload to your 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.

Do you share the photos that I upload to Shutterfly?

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 are able to 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 fulfillment and providing our services. In order to provide our service, the Shutterfly employees and agents who work to fulfill 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 service providers who help us fulfill 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.

Does Shutterfly use my photos in advertisements?

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.

Does Shutterfly collect information from my photos and projects? If so, how do you use it? 

• What we collect. When you upload your photos to our platform 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, place and general location your photo was taken, and similar “metadata” captured by your image capture device. If you wish to restrict the capture of image metadata in your individual photos, please adjust the settings on your image capture device.
• How we use it. We may analyze your photo content and metadata to help you tag and organize your photos to create products, to make personalized product suggestions and recommendations to you (such as showing you how your pictures may look in a collage or other Shutterfly product), and to send you reminders and suggestions based on the information you include in your projects, such as birthdays and anniversaries.
• How long does Shutterfly keep my photos? What are my options? 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’s Unlimited Storage for Active Customers for more details. You also have the ability to 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 app and web interface, and we will permanently delete them from our system in the regular course of business.

Depending on where you reside, you may also have additional legal rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia.

For information about what categories of personal information we may collect from our customers, the sources of that information, the purposes for collecting and using that information, and what types of third party service providers we may share that information with, please see our section titled What personal information do we collect? How do we use that information?

The laws of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia grant some or all of the following rights to consumers who reside in those states:

• The right to request information about personal information that we have collected about that customer in the 12 months preceding the customer’s request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer);
• The right to receive requested information in a readily-usable format if provided electronically;
• The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes);
• The right to opt-out of “sales” of personal information to third parties, the sharing of personal information with third parties for targeted advertising purposes, and/or the processing of personal information for targeted advertising purposes;
• The right to update or correct any personal information which is out of date or incorrect; and
• The right to be free from discrimination based on your exercise of your privacy rights.

To exercise your rights pursuant to this Supplemental Notice with respect to Shutterfly, please use the Shutterfly data privacy tool for customers, the Shutterfly data privacy tool with no sign-in, or call (866) 793-7793. Note that use of our online data privacy tools will resolve your requests more quickly than phone requests.

We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. If you have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. You can also designate an authorized agent to make a request on your behalf. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf, or will need to complete the same verification procedures that would be required for a request submitted by you directly, and provide information that allows us to verify your authorization. If you would like to appeal a decision related to a request to exercise your rights under this Supplemental Notice, please contact us at the phone numbers, online forms, or email address listed above.

We may deny deletion requests in whole or in part as permitted or required by applicable law.   We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your data privacy rights. We do not sell personal information in the ordinary sense of that term. That is, we don’t provide your personally identifiable information to third parties in exchange for money. But under California law, sharing information with third parties for targeted advertising purposes may be considered a “sale” of personal information. Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia have the ability to opt out of such sharing using the above methods.

Supplemental Notice to residents of California

If you are a California resident under the age of 18, and a registered user of any site where this Notice is posted, you may request and obtain removal of content or information you have publicly posted on such site.  To make such a request, please send an email with the subject line “California Minor Content Removal Request” to legal@shutterfly.com.  Please specify in your request which website or application your request relates to and the specific information or content that you would like removed. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites.

If you are a former Shutterfly employee and would like to exercise your rights with respect to your personal data, please send an email with the subject line “Former Employee Data Request” to privacy@shutterfly.com.

In 2023, Shutterfly received and completed 3,247 verified deletion requests and 437 verified access requests from residents of California, Colorado, Connecticut and Virginia. Shutterfly received and completed 1,130 verified requests to opt-out of sale/sharing from residents of these same states. Shutterfly received 0 requests to correct as customers can correct their data within their accounts. Shutterfly received 0 requests to limit use and disclosure of sensitive personal information because we do not collect sensitive personal information. Shutterfly did not deny any verified requests. Shutterfly responded to data subject rights requests within 15 days on average.

We may offer various financial incentives and benefits (such as free shipping, discounts, and other special offers) to customers who interact with us in our Sites and Apps and provide personal information. We offer such financial incentives and benefits for business purposes such as increasing engagement and sales or raising brand awareness, and participation is voluntary. These discounts are reasonably related to the value of the personal information shared, which varies by offer and price of items to which discount is applied.  Shutterfly reserves the right to withdraw or modify the financial incentives we offer at any time.

Supplemental Notice to Residents of Nevada

Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties.  This right applies even if their personal information is not currently being sold.  If you are a Nevada consumer and wish to exercise this right, please click on the Do Not Sell or Share link in the footer of Shutterfly webpages or send an email with the subject line “Nevada Resident Do Not Sell Request” to privacy@shutterfly.com.

Supplemental Notice to Visitors from outside of the United States

Our Sites and Apps are hosted in the United States. By using our Sites and Apps, you acknowledge and consent that your information may be transferred to, stored or processed in the United States in accordance with this Privacy Notice and applicable United States laws. Please be aware that U.S. privacy laws, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside.