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Privacy Policy

pixYour Media Inc. - Online Privacy Policy - December 7, 2010

This policy is effective November 10, 2010.

pixYour Media’s Privacy Policy is designed to help you understand what information we collect and how we collect, share, and use the information. In addition, the Privacy Policy will help you make informed decisions when using the services located at www.pixYour.com (“We,” “Us,” or “pixYour Media”).

By using or accessing pixYour.com, you are accepting the practices described in this Privacy Policy, as modified by us from time to time.

Information We Collect:

We gather two basic types of information through the Service: personally identifiable information that identifies a person as an individual (“Personal Information”) and non-personally identifiable information, which includes aggregated information, demographic information, IP addresses and any other information that does not reveal a person’s specific identity (“Non-Personal Information”).

Personal Information You Provide to Us:

• We collect “Personal Information” that you submit to us voluntarily through our Web Site:
• When you order products or services from pixYour Media, Inc. you provide Personal Information necessary to complete the transaction, including your name, credit card information, shipping information, and billing information.
• When you post any material (such as User Content as defined in the pixYour Terms of Service) on the Web Site, you may be providing Personal Information
• When you contact us to give feedback or ask a question using the forms or e-mail addresses on the Web Site, you provide your name, e-mail address and your comment, question or feedback.
• When you contact us by sending us an email, we will collect your email address, any Personal Information contained in the email, and any Personal Information attached to the email.
• When you create a Membership Account with pixYour Media, you provide certain Personal Information including, but not limited to, your name, email address, shipping address, billing address, payment information, and telephone number.

Non-Personal Information:

When you visit and interact with the Service, we and our service providers and business partners may collect Non-Personal Information from sources such as server log files, environmental variables (such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data to collect Non-Personal Information about our users in order to help us deliver better service and user experience. Such Non-Personal Information could include the website you were on before coming to pixYour.com, IP addresses, or areas of site being clicked on most frequently. We and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use “cookies” as well as so-called “pixel tags,” “web beacons,” “clear GIFs” and other similar technologies to help us deliver better service and user experience and to facilitate your ongoing access to and use of our Services. Cookies are small data files stored by your web browser on your computer’s hard drive. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. If you choose to reject all cookies, you may not be able to access all features of pixYour.com’s Service.

Use of Personal Information:

We May use Personal Information in the following ways:

• Fulfillment of Requests. We may use Personal Information to fulfill the purpose for which such Personal Information was provided (e.g., to fulfill your purchase or other transaction).
• Administrative Communications. From time to time, we may send you service announcement updates with important information about pixYour.com. Service announcements may contain information vital to your account, so users and members may not unsubscribe from service announcements.
• Other Communications. We may notify you via email or through the mail about new features, products and promotions. We may also send you information on carefully screened third parties whose products or services may be of interest to you. If you wish to unsubscribe from these mailings, please review the instructions in the “Opt-Out” provisions below.
• Contests and Surveys. We may occasionally request Personal Information through surveys or contests. Participation in these surveys or contests is completely voluntary. The Personal Information collected is only used for purposes of improving user satisfaction with pixYour Media products and services, or in some cases, to notify winners and to deliver prizes. No Personal Information collected through these means is shared with or available to other third parties for such third parties' direct marketing purposes.
• Testimonials. Testimonials are used to show the benefits to certain programs pixYour Media offers. pixYour Media always seeks consent prior to posting any testimonial in which Personal Information is included.
• Customer Care. Any Personal Information obtained through your contact with our Customer Care team or communications with us, such as by phone, chat or email may be recorded to help us provide better service.
• Internal Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.

Use of Non-Personal Information:

Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share Non-Personal Information, which does not personally identify you, with third parties, for any purpose.

Disclosures of Personal Information:

• Third Party Service Providers. We share Personal Information only with carefully screened third-party service providers to provide you with the products, services and information you have requested. Examples of such third-party service providers are credit card authorization companies, merchandise distributors and shippers. We have instructed these service providers not to store, retain or access your Personal Information except to provide our services to you.
• Third Party Products and Services. We also may share Personal Information with third parties to allow such third parties to provide you with the products, services and information that you have requested. This could include, but is not limited to packages of discounts, rebates, and promotional offers, that are not pixYour Media products, services or information. Such third parties from whom you have requested products, services and information will handle, store, retain, use, share and access Personal Information in accordance with the terms and conditions of their agreement(s) with you, as well as their own privacy policies, and may use your Personal Information for direct marketing purposes. It is your responsibility to carefully review such terms and conditions and privacy policies, and pixYour Media disclaims any and all liability relating thereto.
• Third Party Communications. We will not share Personal Information with third parties for such third parties' direct marketing purposes.
• Forums. We may make available forums to which you are able to post information and materials. These forums may include, for example, user comment functionality, an online image share feature, our public gallery, user forums and blogs. Please note that any information you disclose through such services becomes public information, and may be available to users of the Service and to the general public. In addition, when you choose to make a posting on such services, certain Personal Information (for example, a user's name may appear next to a blog post or a user comment) will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, through the Service. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SERVICES.
• Law Enforcement; Emergencies; Compliance. We may disclose Personal Information in the following situations as we believe to be appropriate, even though you might have requested that we don't share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of pixYour Media, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information to law enforcement agencies and regulatory authorities to assist them in identifying individuals who have been or may be engaged in unlawful activities.
• Assignment. We reserve the right to transfer Personal Information to a new entity or third party as part of a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Your Pictures:

pixYour.com is designed to give you the ability to create world class photo albums, photobooks, postcards and other photo products on your own computer using our licensed software. Accordingly, your pictures remain on your computer, and in your control, up to the point at which you submit your order to us. By submitting your order to us, you grant pixYour Media the right to reproduce your pictures for the purpose of creating your ordered products. Our service is not designed to be a “photobank” for your personal photos, and pixYour in no way guarantees the preservation of your photos after your order is successfully completed.

In order to provide quality products, pixYour employees and third-party service providers fulfilling your order or providing Customer Care to you may see your pictures.

Opt-Out:

You may unsubscribe to our notification services through your account profile on the pixYour Web Site. Simply go to the pixYour Membership page and click on 'Change Preferences,' then on 'Unsubscribed' or contact our Customer Care team. From time to time pixYour may share Personal Information with affiliates or third parties to allow them to contact you regarding products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not share your Personal Information with affiliates and/or third parties for such affiliates' and/or third parties' direct marketing purposes, you may submit an opt-out request by going to the pixYour Membership page and selecting the 'Personal info/settings' link and then clicking on 'Email preferences.' We will comply with your request as soon as reasonably practicable. Please note that we will not be able to remove your Personal Information from the databases of affiliates or third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from any such affiliates or third parties, please contact the affiliate or third party directly or use any opt-out mechanisms provided in its marketing-related e-mails or privacy policy.

Security:

pixYour Media seeks to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect Personal Information about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Service or that is stored by us. You acknowledge and agree that any information you transmit through the Service or upload for storage in connection with the Service is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contact Us" section below.

Age of Users:

The Children's Online Privacy Protection Act (COPPA) defines personal information as "individually identifiable information," including things like a first and last name, a street address, an email address, or a telephone number. COPPA places requirements on websites that collect such information from children. Accordingly, you must be at least 18 years or older to access and use the Service.

Third Party Sites:

pixYour.com may contain links to third party websites. These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by us. If you provide any Personal Information through any such third party website, your transaction will occur on such third party's website (not the Services) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Changes and Notification:

We reserve the right to modify our Privacy Policy at any time. If our Privacy Policy changes, the revised policy will be posted on the Site and we will change the 'Last Updated' date at the top of this page to reflect the date of the modification. Please check back periodically. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the pixYour.com Web Site. Use of the Service following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

Contact Us:

If you have any questions about this Privacy Policy, or need to report a problem with your account or membership, please contact us at CustomerCare@pixYour.com.