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Privacy Policy

Last Updated: November 12, 2019

We at ("Photiles", "us", "we", or "our") recognize and respect the importance of maintaining the privacy of our customers. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available here (the "Terms"). This Privacy Notice describes the types of information we collect from you when you visit our App or use our Services. This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information.

"Personal Data" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law.

Changes to Terms: We may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.

  1. Overview

    1.1 We are bound by the National Privacy Principles, under the Privacy Act 1988 (Cth), which set clear standards relating to the collection, storage, use and disclosure of any personal information we obtain as a result of our business operations. Photiles has implemented stringent security measures and procedures to ensure compliance with the National Privacy Principles and to keep any personal information you provide secure.

    1.2 Where you provide Photiles with your personal information, whether in person, via the App and/or Services, by email or any other form of correspondence, Photiles will endeavour to ensure that such information remains private and is only used in accordance with this policy. By providing Photiles with your personal information, you consent to Photiles collecting, holding, using and disclosing your personal information in accordance with this policy.

  2. Collection of Personal Data

    2.1. We collect information from you when you choose to use our App and/or Services. In order to use our App and/or receive related Services and/or make a purchase through the App, you will be required to provide us with certain Personal Data. We also collect Personal Data when you make use of the App, request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason.

    The Personal Data that we collect from you includes name, email address, shipping address, phone number. Such Personal Data may be collected by us through the App.

    2.2. Digital Information
    We also collect any materials including Images and/or pictures and/or photos you may upload to the App, including Sensitive Data. If you choose to link an external Account, Photiles will have access to the account information of such external Account and the photos or pictures saved in your external Account. Photiles will only use the photos you select for designing a product and will not make any use of any additional photos or pictures saved in your external Account.

    2.3. Device information
    In addition, when you use the App, certain information may be automatically gathered about your computer or mobile device such as operating system, IP address, device identifier and subject to your consent as may be required under applicable law, (geo) location, as well as your browsing history and any information regarding your viewing and purchase history on our App.

    2.4 It is your voluntary decision whether to provide us with any such Personal Data, but if you refuse to provide such information we may not be able to provide you with the Services.

  3. Processing of Personal Data

    We may use and process your Personal Data as required or permitted by any applicable law.

    3.1. Processing your Personal Data is necessary for the performance of the Terms and the provision of the Services to you, including responding to your inquiries or requests, contacting and communicating with you and providing customer support. When you make a purchase, use our Services or engage in any other transaction with us, we may also process your Personal Data to perform that contract.

    3.2. Processing for the purposes of developing new and enhancing our products and Services, for analytics and usage analysis, for the marketing of our products and services, for fraud prevention and security and for our recordkeeping and protection of our legal rights.

    3.3. Statistical Information. By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users. Statistical Information helps understand trends and customers' needs so that new products and services can be considered and so that existing products and services can be tailored to customer desires. Statistical Information is anonymous and aggregated and we will not link Statistical Information to any Personal Data. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

    3.4. Analytics. We or our service providers or subcontractors may use analytics tools ("Tools"), including "Google Analytics" to collect information about the use of the App and/or Services. Such Tools collect information such as how often users visit the App, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the App. The Tools may collect certain Personal Data, and may link such Personal Data to specific information stored in our customer database. We use the information we get from the Tools to improve our App and Services. Google's ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use located here and the Google Privacy Policy located here.

  4. Disclosure of Personal Data

    4.1. We may share your information, including Personal Data, as follows:

    Business Partners, Service Providers, Affiliates, and Subcontractors

    We disclose information, including Personal Data we collect from and/or about you, to our trusted service providers, business partners, affiliates, subcontractors, who may use such information to help us provide you with the App and/or Services, including for purposes of payment, printing, and services

    Such service providers, business partners, affiliates, and subcontractors provide us with printing and shipping services, payment processing, IT and system administration services, data backup, security and storage services, data analytics and help us provide marketing services and be in contact with our customers via chat and email.

    4.2. Law Enforcement Related Disclosure

    We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Data with third parties:

    (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Policy);

    (ii) to protect the rights, property or safety of third parties;

    (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or

    (iv) as is necessary to comply with any legal and/or regulatory obligation.

  5. Access to Personal information

    5.1. Photiles account holders can access or update their account information which Photiles holds at any time by logging into the App and/or Services. However, there are some exceptions to this right in the Privacy Act 1988 (Cth).

    5.2. Photiles may require you to verify your identity and provide further information about your request. Where Photiles is legally permitted to do so, Photiles may refuse your request for access to your personal information and Photiles will provide reasons for doing so.

    5.3. Where you request your personal information to be updated and there is a dispute about the facts, Photiles will make a note on your personal information of such dispute.

    5.4. If you request that we stop using your information and stop contacting you, Photiles will comply with that request.

  6. Data Retention

    Subject to applicable law and our (regulatory obligations, we retain information as necessary for the purposes set forth above. Any User Content, including Images, will be retained until your account has been terminated, either by us or by you, for any reason. Any Images uploaded by you to the Services and not elected by you to be printed will be automatically deleted after thirty (30) days from the day you have uploaded the Image(s). You may ask us to delete any User Content, including Images, by contacting us through our website. We may delete any information (including User Content) from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth in this Privacy Policy. We may also retain your information in an anonymized form.

  7. Cookies

    We use cookies to help personalize your experience. These cookies are generally fall into one of the following categories:

    (i) Necessary - These cookies are necessary in order to allow the App to work correctly. They enable you to access the App, navigate around, and access different services, features, and tools. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session.

    (ii) Functionality - These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) in order to help us personalize your experience and offer you enhanced functionality and content.

    (iii) Performance - These cookies can help us collect information to help us understand how you use our App in order to improve the performance of our Services.

  8. Security

    8.1. Photiles protects the personal information which Photiles holds from misuse, loss or unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and encryption of credit card transactions. Photiles also uses ‘Secure Sockets’ software which encrypts information you input.

    8.2. While Photiles takes all reasonable steps to keep your personal information secure, accurate and current, the internet is not always a secure method of transmitting personal information. Accordingly, Photiles can not accept responsibility for the security of information you send to us or receive from us over the internet or for any unauthorised access or use of that information.

    8.3. Where we have links on the Website to third party websites, we can not ensure your privacy will be protected on such websites in accordance with this policy. You should consult the privacy policies of such websites as Photiles has no control over them and Photiles is not responsible for any information which is submitted to or collected from these third parties.

  9. Communications

    Subject to your consent and applicable law, we may send you e-mail or other messages and/or a newsletter about us or our Services. You may remove your Personal Data from our mailing list and stop receiving future communication from us by following the UNSUBSCRIBE link located at the bottom of each communication or by contacting us through our website. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them.

  10. Changes to this Privacy Policy

    Photiles may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.

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