Privacy and Cookie Policy

Updated 13th July 2018

This Privacy Notice explains what information Harrier LLC, located at York Labs, Brunel Road, Newton Abbot, TQ12 4UH (“we,” “us,” or “our”) collects, uses, shares, retains, and protects, and the choices you have. We operate this website under the “Pictabulous” name. This Privacy Notice applies only to the websites, online services, and mobile applications (collectively the “Services”) where this Privacy Notice is posted. Your use of the Services is also subject to our Terms of Use.

WE ENCOURAGE YOU TO READ THIS PRIVACY NOTICE AND THE TERMS OF USE IN FULL TO UNDERSTAND OUR PRIVACY PRACTICES BEFORE USING OUR WEBSITE, PRODUCTS, AND SERVICES. BY USING OUR WEBSITE, PRODUCTS, AND SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE.

What Kind of Information Do We Collect and Why?
When you use Pictabulous we collect certain information about you and your online habits. The type of information we collect depends on the type of products and services you use. For example:

Information about You and Your Account: When you want to upload digital photos or view others’ photos on the Services, you may provide us with:

Your first and last name
Your email address and
A password

This information is mandatory to create and use your account so that you can maintain all of your digital photos and other Pictabulous activities in one place. We use your information to help verify your identity, account, and account activities to ensure the safety and security of your transactions.

If you choose to purchase our products and/or use our services, we will collect and analyze your information and information about your use of our products and services to develop and improve our products and services. We use the data we have about you to provide and personalize, including with the help of automated systems, our Services, so that they can be more relevant and useful to you.

Your Contact Information: When you contact us, we may collect:
Your first and last name
Your e-mail address
Your phone number

We use this information to verify your identity and respond to your questions or concerns. In addition to your first name, last name, and email address, we may ask to verify your phone number and/or the date of your last transaction in order to ensure your proper identity.

We may also use your contact information to send you newsletters, share news about new Pictabulous products, features, and services, respond to your requests and inquiries, or reach out to you about issues and questions about your account.

Information You Provide to Us when Completing Our Surveys: If you choose to complete our survey, you share:

Your contact information, such as name and email address
Your age and gender
Your answers to our survey questions
Any other information that you may choose to provide to us in the comment field

Our surveys are designed to collect your feedback in order for us to continually improve our Services. Participation in these surveys is completely voluntary and you have a choice whether or not to disclose this information. We may use a third-party service provider to conduct these surveys. If you outline any issues and/or request our help with our surveys, we may reach out to you to resolve your concern.

Public Posting Area:
Please note that any information you include in a message you post to any chat room, forum, or other public posting area is available to anyone with Internet access. This includes, for example, any comments you post on our website’s blog, TrustPilot page, or on our Facebook activities. If you don't want people to know your personal or other information, don't include it in any message you post publicly.

PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS, AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Your Social Media Information: If you choose to upload photos into your Pictabulous account using your social media account, we will collect:

Your social media public profile information, including, but not limited to:
Your first and last name
Your email
Gender
Age
Location
Other information you have voluntarily shared on your social media public profile
Your social media photos you choose to transfer to your Pictabulous account
We will use this information to verify your social media account and upload your photos from your social media pages directly to your Pictabulous account.

We may also collect this and additional information about you and your social media account and activities when you interact with us through various social media, for example, by liking us on Facebook or following us on Twitter. The information we receive from your social network depends on your privacy settings. Please review, and, if you prefer, adjust your privacy settings on third-party social media websites before linking or connecting them to your Pictabulous account.

Your Photos: When you decide to upload photos to the Services and/or create projects, whether signed in to an account or not, we will collect:
Photos that you upload
Note: you may include photo titles, captions, categories, the location of a photo, and/or the date a file was created

Titles, captions, categories, the location of photos, and/or the date a file was created are not required to upload your photos; they are designed for your convenience. We may also use your photos in emails we send to you to inspire you to rediscover past memories or explore new creative ideas. You can object to receiving these emails at any time through the unsubscribe link within each email or contact us at the address listed at the end of this Privacy Notice.

Your Financial Information: When you complete a purchase or similar transaction with us, we will ask you to provide:

Your payment information
Your shipping and billing information
Your phone number
This information is mandatory to fulfill your order. We use this information to make your shopping experience easy and effective. For example, we may print your phone number on the shipping label of your package so that the courier may contact you in the event there’s a difficulty delivering your package. Also, if you give us permission to keep your billing information, you won’t have to fill out the shipping and billing address every time you purchase.

Your Device Information: When you use our Services, we also collect the following information relating to your device(s):
Your device model
Operating system
Browser type
Unique device identifier
IP address
Event information (such as application installations)
This information is mandatory, and we collect this information automatically when you use our Services. We use this information to make our Services easier to use and navigate as well as to personalize the content provided on our Services.

We will also use your information to conduct audits and troubleshooting activities. We do that with cookies and other tracking technologies. For more information about cookies and other tracking technologies, please refer to our Cookie Notice.

Your Browsing History: We also collect the following information about how you use our Services:

Customer traffic, for example, what types of Pictabulous content you view or engage with
Site usage, for example, the frequency and duration of your Pictabulous activities
This information is not mandatory, but it is necessary to improve our functionality, generate web analytics, improve our products and services, and troubleshoot problems.

Your Geolocation: When you use the mobile browser to access your Pictabulous account and have consented to location services, we will collect:

Your geolocation
Your mobile device, including a unique identifier for your device
This information will be collected only when you consent to location services. We use this information to provide you with location-based services, such as retail store locations near you to order prints or other personalized content. Some of our Services may not function as designed if location services are disabled.

Information about You Collected from Third-Parties: We do not sell or purchase data from data brokers. We receive information about you and your activities on our Services from other third-party providers, and, with your consent, combine this information with information we already have about you. This helps us to update, expand, and analyze our records; identify new customers; and create more tailored advertising to provide products and services that may be of interest to you.


Do We Use Your Information for Marketing?
A simple answer is “Yes.” With your consent, we, and our third party partners, may use your information and information about you to:

Send you marketing communications via email, postal mail, and/or text.

Show you our ads online and on social media.

Advertising by means of tracking technologies: We use so-called tracking tools on our Services to better understand your preferences by analyzing your behavior and offering you products and services more in line with your interests. If you would like to learn more about this practice and your choices, including how to opt-out of interest-based advertising, please visit the Network Advertising Initiative website here. Please also see our Cookie Notice for more information.

Generate web analytics and conduct marketing research and analysis so we can suggest products and services that we believe may be of interest to you.

Analytics: We collect statistical information about the usage of our Services to design them to be more user-friendly and to perform reach measurements and market research. For these purposes, we use the analytics tools described in our Cookie Notice. You may be able to avoid the creation of usage profiles by tracking technologies such as cookies by generally deactivating cookie usage. Please see our Cookie Notice for more information.

Run contests and sweepstakes.

On What Legal Basis Do We Process Your Personal Information?
We process personal information per applicable law and with transparency and fairness. Our processing activities are conducted:

With your consent;
In order to fulfill our contractual obligations to you;
For the legitimate interest of operating our business, including to improve and develop our Services, for fraud prevention purposes, and to improve user experience; and/or
As otherwise in compliance with law.
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How Do We Share Your information?
Third-Party Service Providers: In order to turn your images into beautiful products, we use third-party providers such as payment processing companies, marketing companies, photo processing labs, and merchandise distributors. We use third-party service providers who act on our behalf. Except as otherwise provided herein, your information is shared with these third parties solely for the purpose of providing and improving our services and products. A complete list of data processors may be requested by contacting us at the address below.

Partners: We also work with other third-parties who act as our partners to offer you joint products and services. If you decide to use such products or services, we will share certain information about you with our partners in accordance with this Privacy Notice, our Terms and Conditions, and any applicable provisions of our partner agreements, so that they may appropriately provide services and support to you or so that we may appropriately provide services and support to them as required by our agreements.

Other Third-Parties: We share your information with unaffiliated third-parties (including social media platforms and apps), agents, and/or independent contractors who help us maintain the Services and provide other services including, but not limited to customer service, data analytics, marketing and advertisement, customer communications, research and surveys, entry collection, contests, sweepstakes and other promotions. We seek to ensure that these unaffiliated third-parties will not use your information for any other purpose than to provide the services for which they are responsible. Our website uses social plug-ins by the following providers:

Facebook.
Twitter.
Instagram.
Pinterest.
YouTube.
Google+.
Affiliates and Subsidiaries: We share your information with our affiliates and subsidiaries as business necessitates.

In the event of termination of our Services for Pictabulous: If our arrangements to operate this website under the “Pictabulous” brand are terminated, we will transfer your personal information to Harrier LLC or to a third party ecommerce retailer or service provider acting on Harrier LLC’s behalf in accordance with data protection laws. The legal basis on which we process your information in these circumstances is our and Harrier LLC’s legitimate interest to ensure that the Pictabulous online business can be continued by Harrier LLC or the relevant third party. You will be informed of this and have the opportunity to opt out. If you object to our use of personal information in this way, the relevant business may not be able to continue to provide the Services to you.

Legal Needs: We may also disclose personal information about visitors to our Services in case of our legitimate interest and, in particular:

- As required by law, such as to comply with a subpoena or similar legal process

- When we believe in good faith that disclosure is necessary to protect our rights or property, protect your health and safety or the health and safety of others, investigate fraud or respond to a government request

- If we are involved in a merger, acquisition or sale of all or a portion of our assets

Do We Use Cookies and Tracking Technologies?
We use cookies and other tracking technologies to collect your information when you are using our Services. We use such information to, among other things, analyze trends, remember user settings, administer our Services, track your browsing history, and market our products and services. We may obtain reports based on the use of these technologies on an individual and/or aggregated basis. For more information about cookies and other tracking technologies we use, please refer to our Cookie Notice.

How is My Information Used for Marketing?
Controller: Harrier LLC (trading as “Pictabulous”) owns the “Pictabulous” brand. Harrier LLC’s principal office is Brunel Rd, Newton Abbot TQ12 4UH. Harrier LLC is the data controller in respect of any such marketing activities.

Purpose and legal basis: Where you have expressly opted-in to receive marketing communications from Harrier LLC, they will process your contact information (such as your name, email address and address) and information about your service and product preferences to provide you with marketing communications in line with the preferences you have provided when using the website. The legal basis on which they process your personal data is your consent. You can withdraw your consent to your personal data being processed for marketing communications at any time by contacting us or, where relevant, by following the unsubscribe link in every marketing communication you receive. If you do choose to withdraw your consent, this will not mean that our processing of your personal data before you withdrew your consent was unlawful.

Duration of processing: Where Harrier LLC process your personal information to provide you with marketing communications with consent, they may contact you at least every twelve (12) months to ensure you are happy to continue receiving such communications. If you tell them that you no longer wish to receive such communications, your personal information will be removed from the marketing lists that we operate for Harrier LLC.

Your Rights: The information on your rights with respect to your personal information that is set out in the sections below applies to the marketing activities described in this section.

What Choices Do You Have?
Where appropriate or legally required, we will describe how we use information collected, so you can make choices about how your information is used. You can notify us of your preferences during the information collection process, and change your selection at any time by contacting us directly. Also, when you are tasked to provide your information, you may decline. However, please note that if you choose to decline, you may not be able to use some of our products and services.

Marketing Emails: We and Harrier LLC will only market to you where we have your consent. You can choose to opt-out of such communications by following the unsubscribe instructions included in these emails or by contacting us at the address in this Privacy Notice. You can also edit your marketing email preferences through your Pictabulous account settings page. We are not responsible for marketing emails sent by our partners and other third-parties.

Transactional Emails: From time to time, we send transactional emails notifying you about your payments, information about changes to our products and services, and other disclosures as required by law. You may not opt-out of such transactional service messages.

Postal Mail Marketing: Depending on where you live, you may receive marketing postal mail communications, and you can choose to stop receiving such communications by contacting our Customer Support.

SMS Marketing: After you opt-in to receive SMS messaging, you can opt-out of receiving them by replying to the text message with the word “STOP.” Please note that opting-out of receiving SMS messaging related to the use of our Services may impact the functionality of our Services.

Third-Party Marketing, Advertising, and Other Communications: You may opt-in to receive emails or other communications from our partners, vendors, or affiliates. If you do opt-in, you may be subject to the third-party’s separate Privacy Notice. You are responsible for managing your email preferences subject to that statement. Please note that some advertising companies may gather information about your visit to the Services through cookies, web beacons, and other technologies in order to enable advertising companies to market products or services to you, to monitor which ads have been served to your browser, and which webpages you were viewing when such ads were delivered. If you would like to learn more about this practice, and know your choices with respect to it, please click here visit here.

Pictabulous Account: You can stop us from collecting information through your Pictabulous account by ceasing to use our products and services and/or deleting your account. Please contact Pictabulous Customer Support to delete your account at the address listed at the end of this Privacy Notice.

We will process your opt-out requests as soon as possible, but please note that it may take us up to 30 days to process your request and you may receive a few more messages until your request is processed.

What About Children’s Personal Information?
Pictabulous online services are for everyone except children under the age of 13, or 16 in the European Union (“EU”). Pictabulous is particularly sensitive to protecting information about children on the Internet; therefore, kids under 16 are not eligible to use Pictabulous Services.

However, we encourage parents to use our Services as a family activity with their children and to carefully monitor any Internet activities (including use of the Pictabulous Services) engaged in by their kids.

We do not knowingly collect information from any child under the age of 16 in the EU, without parental consent. If we do receive such information, we delete it as soon as we discover it.

How Do We Protect Your Information?
We use reasonable and appropriate physical, technical, and administrative industry safeguards to protect information from unauthorized access, use, loss, misuse or unauthorized alteration. We will make reasonable efforts to protect personal information stored on our servers from unauthorized access using commercially available computer security products (for example, firewalls), as well as carefully developed security procedures and practices. Notwithstanding our security safeguards, it is impossible to guarantee 100% security in all circumstances. If you have any questions about our security practices, you can contact us at the address listed below. Also, it is important that you protect and maintain the security of your account credentials and notify us immediately of any unauthorized use of your account.

If you are using a public computer (public library, school computer, etc.) or a shared computer (family computer, roommate’s computer, etc.), we strongly recommend that you sign out of your Pictabulous account and close your browser before getting up and moving away from the computer. This will prevent others from accessing your account and information.

How Can You Manage or Delete Your Information?
Information that you provide during registration is available in your Pictabulous online account. To edit your information, you must enter your email address and password to access your account. You may edit your account information at any time by entering your login credentials.

We store your information as long as it is necessary to provide our products and services to you. Your information will be kept as long as you maintain Active Participation in the Services. Active Participation is defined as purchasing through the Services at least once every 365 days. You can cancel or delete your Pictabulous account by contacting our Customer Support. If you request your account to be cancelled or deleted, we will satisfy your request within 30 days. If we require more time to process your request, we will notify you about the delay.

Account Cancellation: If you request to cancel your Pictabulous account, we will disable all access to your account. Your account and photos will not be accessible to you, but we will archive your photos and account in case you want to rejoin or re-activate your account in the future. Please note that we will permanently delete your photos and account after 1 year.

Account Deletion: If you request to delete your Pictabulous account, we will permanently remove all photos and other information from your account. Your photos will not be accessible to you even if you choose to rejoin or reactivate your account at a later date.

Information necessary for the purposes of maintaining business records regarding a deleted and cancelled account, including records of credit transactions and account ownership, will be retained in accordance with applicable law.

If You Are an EU Resident, what are Your Rights?
You have a right to lodge a complaint with the EU supervisory authority where your information has been processed in a way that does not comply with the applicable laws and regulations.

You have a right of access to information undergoing processing; we may charge a reasonable, administrative fee, if more than one copy of information is requested.

You have a right to rectify inaccuracies in information held about you in your Pictabulous account. As we stated earlier, if your information is incomplete or inaccurate, you can update your information directly in your Pictabulous account; otherwise, please contact Customer Support.

You have a right to require your information to be provided to you or another company in a commonly used electronic form. You can download your photos using your Pictabulous account settings.

You have a right to object to specific types of processing, such as direct marketing, processing based on legitimate interests or performance of a task in the public interest/ exercise of official authority, and processing for research or statistical purposes.

In certain situations, you have a right to have your information ‘erased’ or restrict the processing of your information.

When we process your information, we do so with your consent, and/or as necessary to provide the products and services, operate our business, fulfill our contractual obligations, protect the security of our systems and our customers, or fulfill other legitimate interests. If the processing of your information is based on your consent, you have a right to withdraw consent at any time for future processing.

If you want to exercise one or more of the above rights, you can contact us at the address listed below.

How Do We Respond To “Do Not Track” Signals?
Please note that we do not support “Do Not Track” browser settings and we do not currently participate in any “Do Not Track” frameworks.

What Are Our Data Retention Practices?
We store your information as long as it is necessary to provide our products and services and fulfill the transactions you requested. Typically, we keep your information as long as you maintain Active Participation in the Services. Projects you have created and projects you have purchased will remain on our servers for as long as reasonably necessary for our business purposes. Where appropriate or legally required, we retain your information on our servers even after deletion of your Pictabulous account for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements, or as reasonably necessary for other business purposes.

Does this Privacy Notice Apply to Third-Party Links from the Pictabulous Services?
A simple answer is “No”. Our Services have seals, buttons, and content links to other third-party websites (for example, Facebook, Pinterest, and Walgreens). If you leave the Pictabulous Services to visit the site of any third-party, you may be asked for your credit card or other information in order to purchase or use products and services offered. These companies have their own privacy and data collection practices. We are not responsible for the privacy practices of these third-party services or applications. We recommend carefully reviewing the user terms and Privacy Notice of each third-party service, website, and/or application prior to use.

How will We Notify You of Changes to this Privacy Notice?
We periodically update this Privacy Notice to account for changed legal and operational circumstances and to describe new features, products, or services, and how those changes affect our use of your information. We encourage you to review this Privacy Notice each time you visit the Services. If we are going to use information in a manner that is materially different from that stated at the time of collection or make any material changes in our privacy practices, we will notify you. We will post those changes through a prominent notice on our Services. If you do not agree to the changes made to this Privacy Notice, we recommend that you stop using our services.

How Can You Contact Us?
If you have any questions or concerns about our Privacy Notice or our privacy practices, please contact us at Customer Support or mail us at:

Pictabulous Privacy
Harrier LLC, York Labs, Brunel Road, Newton Abbot, TQ12 4UH