How does Lifetouch use the information it receives from schools? Order school pictures on mylifetouch.com and enjoy a special offer from Shutterfly! Title and risk of loss for any purchases pass to you upon our delivery to our carrier. 2022-2023 School Year / LifeTouch partners with Shutterfly Does Lifetouch share my childs school photos with my childs school? We have a wide variety of tools to empower your students to express their creativity. You will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. IF YOU CANCEL YOUR VIDEO PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE VIDEO PLAN, YOU WILL RECEIVE A FULL REFUND. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the Settings section of the Site and Apps. This right applies even if their personal information is not currently being sold. 6. Shutterfly review | Tom's Guide Your students can create self-published books while you support project-based learning teaching initiatives. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. In the event that you continue to have video content in excess of the limits for your plan level, you will be prompted to either upgrade your plan or delete video content to free up storage. Your and Shutterflys right to recover attorneys fees, costs and arbitration fees, shall be governed the laws that apply to the parties dispute, as well as any applicable arbitration rules. San Jose, CA 95113 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 also have the ability to download and/or delete some or all of the photos in your account at any time. We direct you to such Third Party Properties only as a convenience. You can access and find everything you need on your Share site when you're on the go with our Share sites iPhone app. Lifetouch provides complimentary SmileSafe photo ID cards to the families of each Pre K-12 student photographed in participating schools, at no extra cost and regardless of whether the family has purchased photographs. IN THE EVENT OF CANCELLATION, EXPIRATION, DOWNGRADE, OR TERMINATION OF YOUR VIDEO PLAN OR MEMBERSHIP, WE MAY ALSO DELETE SOME OR ALL OF YOUR VIDEO CONTENT. 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. Lifetouch did not deny any verified requests or receive any do not sell requests. Terms of Use | SHUTTERFLY 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 CCPA rights. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. If you are a user of Shutterfly Share Sites, please be aware that Shutterfly will be discontinuing the Share Site service in March, and more information will be made available soon. The Shutterfly Promise. 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. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our Sites and Apps. You may opt out of receiving such communications from us and change your contact preferences within your account at any time. We may require certain information from you to validate your request before deletion. Customers who placed orders that include digital images using a paper order form can visit shutterfly.com/claim and enter the Portrait ID and Access code that is included in your portrait packet to retrieve their images. The Site or App you register with may provide single sign-on functionality; this allows us to offer features such as the ability to use your Shutterfly account credentials across our integrated Sites and Apps where available, and to merge your accounts so you may, for example, seamlessly add your Lifetouch professional photos to your Shutterfly If you already have a Shutterfly account, youll simply log in to access your digital images. The right to request information about personal information that we have collected about that customer in the 12 months preceding the customers 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. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Promotion. Once such data is no longer needed for such purposes, it is securely destroyed. You may purchase traditional printed school photos from Lifetouch for delivery to you through your childs school. Yes, if the Lifetouch and Shutterfly accounts are merged any purchased the Digital Image will . CHICAGO (CN) - A federal judge refused to dismiss class-action claims that online photo service Shutterfly gathers and stores facial-geometry scans of people who have never uploaded digital images onto its website. If ordering digital images only, all session images are provided but do . Please be aware, however, that Lifetouch may deny your request and retain your photos under certain limited circumstances for example, if we have a contractual commitment to a school or other organization you are affiliated with (such as providing yearbook photos or the yearbook itself), if doing so would violate a law or court order, or if it would be unreasonably burdensome. CHOICE OF LAW; VENUE; STATUTE OF LIMITATIONS. That is, we dont provide your personally identifiable information to third parties in exchange for money. Upload photographs of people who have not given permission for their photographs to be uploaded to a share site. 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. The parties agree that the notice required by this Section is a material provision of these Terms. Lifetouch provides professional photography services to businesses, sports leagues, and other organizations across the United States and Canada. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be or are held to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individuals name or address) with such User Submitted Materials. No, Shutterfly does not use your photos in our advertisements. Changes in the subscription fee for the Video Plans will be applied for renewal periods; however, you will not be charged any new or different fees unless we obtain your prior agreement to pay such additional fees. Below are a number of Frequently Asked Questions (FAQs) regarding the basic information that Lifetouch needs in order to provide its photography services. Do Not Sell or Share My Personal Information. You may also lose access to certain features or functionality only available to current subscribers. 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. Perfect for printing on a variety of products and prints up to 8x10. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. See the section titledFor Pre K-12 Educators and Parentsfor more information about the SmileSafe program. This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Arbitrators can award the same damages and relief that a court can award. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. For up to 9 months after your Picture Day you can use your Portrait ID and Access Code for a first-time order or to reorder additional pictures and photo gifts. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You agree and represent to us (i) that you are the sole author of the Social Media Submission(s); (ii) if the Social Media Submission(s) include any photos, you are the photographer of the photos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein; (iii) if the Social Media Submission(s) include any photos of people, you have permission from each person who appears in the Social Media Submission(s) to grant the rights granted herein; (iv) the use of the Social Media Submission(s) as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (v) you have the full and exclusive right and authority to agree to the terms hereto; and (vi) you are eighteen years old or older. Your signature, which may be provided electronically by typing your name, Identification of the material that has been removed or to which access has been disabled. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. The Site or App you register with may provide single sign-on functionality; this allows us to offer features such as the ability to use your Shutterfly account credentials across our integrated Sites and Apps where available, and to merge your accounts so you may, for example, seamlessly add your Lifetouch professional photos to your Shutterfly account. Lifetouch Pictures on Shutterfly You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein. With respect to Lifetouch Pre K-12 Applications, Lifetouch will: If you are an authorized user of a Lifetouch Pre K-12 Application, please refer to the Terms of Service linked to from that service or contact us through your Lifetouch school account representative for further information. Finally, certain offline or online services, promotions, events and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising or in person, and those additional terms and conditions are incorporated herein by reference. These Terms and your relationship with Shutterfly (past, present and in the future) are governed by and construed in accordance with the laws of the state in which you were billed for your purchase of the Shutterfly product or service that is subject to this Agreement, without regard to the states conflict of law provisions, and except to the extent preempted by or inconsistent with federal law. The fees for Video Plans will vary depending on storage capacity and other features. 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, to develop and improve our products and services, and for internal operational purposes. If you have any questions or comments regarding these Terms, please contact:legal@shutterfly.com. We offer such financial incentives and benefits for business purposes such as increasing engagement and sales or raising brand awareness, and participation is voluntary. For a Shutterfly 5-by-7, you pay 99 cents, and an 8-by-10 costs $3.95. Our Sites and Apps may be linked on other websites or may contain links to other websites. 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. In the event we are unable to charge an applicable renewal fee to your Payment Method for more than thirty (30) days after the beginning of a renewal term of your subscription to the Video Plan, Shutterfly reserves the right to terminate, suspend or restrict your membership in the Video Plan. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. In the event of cancellation, expiration, downgrade or termination of your membership and Video Plan, you may be unable to access your Video Content and you may no longer be allowed to upload additional Video Content. We reserve the right to ship partial orders (at no additional cost to you). 1999-2022 Shutterfly All rights reserved.. Shutterfly family of companies and brands, Google Advertising Cookie out-out browser add-on. Standard photo print sizes are 4x6, 5x7, and 8x10. Your school retains the authority to control Lifetouchs use of the information it provides to Lifetouch and to require its return or destruction at any time. 10 Almaden Blvd., Suite 900 Cookies help us personalize your experience and save time during checkout. We collect various types of personal information when you register with any of our family of brands via our websites, mobile sites or mobile applications (our Sites and Apps); purchase any products or services from us; schedule an appointment to be photographed; visit or are photographed at one of our offices, studios, or on-site photography locations; contact one of our customer service representatives; register for customer rewards programs; or complete a survey or enter a contest or sweepstakes that we sponsor. Yes schools and preschools across the United States and Canada entrust Lifetouch to photograph students and staff as part of the time-honored tradition of Picture Day. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. 2. At Shutterfly and Lifetouch, Pictures are the Big Picture. 16377 Views Jul 30, 2018 CS Knowledgebase. We do not offer you the ability to opt-out of receiving those communications. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap To get started with our Shutterfly Share sites iPhone app, Classroom Share sites or Storefront for School, simply signup, upload and create. If ordering digital images only, all session images are provided but do not include retouching. These services are provided throughout the school year. Shutterfly responded to data subject rights requests within 19 days on average. Portions of our Sites and Apps are covered by the U.S. We collect the basic information in advance of Picture Day to match names to the pictures we take and for efficient distribution within the school. See Shutterfly photo storage for more details. FURTHERMORE, THE SHUTTERFLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. Go to Shutterfly.com and sign in to your account. We may deny deletion requests in whole or in part as permitted or required by applicable law. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. Note to Schools and Parents about Lifetouch Pre K-12 Applications. Digital Image Delivery - JCPenney Portraits Shutterfly may ask that you authorize us to use certain content or posts (including photos or videos) uploaded to your social media profile(s) (Post(s)), as detailed herein. In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, Promotions) made available through our Sites and Apps may be governed by specific rules that are separate from this Agreement. If you choose to purchase your childs school photos from Lifetouch, the personal information you provide to us will be treated as customer information and used as described in ourPrivacy Notice. 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. Shutterfly offers by far the best envelope options. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. Your name, address, telephone number, and email address. With a membership to the Video Plan, members are entitled to the benefits outlined below, subject to the requirements and limitations of these Terms. 16. not collect or use student personal data beyond what is needed for authorized school purposes; not use or share student personal data for advertising or similar commercial purposes, such as behavioral targeting of advertisements to students; not build a personal profile of a student, other than for supporting authorized educational or school purposes or as authorized by the parent, guardian, or student of appropriate age; require that our vendors with whom student personal data is shared to deliver the school service, if any, are obligated to implement these same commitments for student personal data. In the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Shutterfly agree that the demands will constitute a Mass Arbitration. If a Mass Arbitration is commenced, you and Shutterfly agree that it shall not be governed by the AAA Rules or administered by the AAA. Supplemental Notice to Residents of Nevada. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Sites and Apps or others. Lifetouch also offers the photographs for purchase by parents. We do not sell personal information in the ordinary sense of that term. You may download or copy a form Notice and a form to initiate arbitration atwww.adr.org. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law (e.g., as a fair use); and. If you use Shutterflys Share Sites, you have the option to upload videos from YouTube to your Share Site. You may access and use the Video Plan solely for your personal, noncommercial use. Where can I download my digital image? No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. 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. At Shutterfly, our purpose is to help our customers capture, preserve, and share lifes important moments through professional and personal photography, and personalized products. The following frequently asked questions relate to Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. We will grant you a fully-paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Design Services in full. Your organization controls how much, or how little, information is used in producing these items, and your organization is solely responsible for obtaining any consents necessary for Lifetouch to provide its services and produce those items. Also, please be aware that, if you shared your photo with other purchasers, your photo deletion request will not affect any photos retained in others photo libraries or those purchasers archiving preferences. if you purchase a digital image or are eligible to receive a digital image through a promotion or loyalty program, you will need a Shutterfly account to claim such digital images. 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. **Lifetouch does not sell, trade or share student data collected from your childs school with third parties for their marketing purposes, nor do we use such data in ways that are unrelated to the purposes authorized by the school. About Digital Images - K-12 - force.com Prints and other products in your order will be mailed home. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control. We will honor a parents image deletion request, subject to verification and authorization of the school when deletion would impact our ability to deliver an item or service requested by the school. ), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age without the consent of their educational institution or the childs parent or guardian. Our service providers may receive your name and contact information, payment information, photos and other content you upload to our Sites and Apps, information about purchases youve made, cookies and other device identifiers, IP address, and website browsing and interaction activity. We may also collect your information in order to incorporate it into other items that we are providing to your organization. We will notify you in advance of any change in the amount to be charged for the renewed plan in the pre-renewal notification. If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. By using our Sites and Apps, you acknowledge that your information may be transferred to, stored and processed in the United States in accordance with this Privacy Notice and applicable United States laws. Try for free Images Video Music Templates Editorial 3D Models How long does Shutterfly keep my photos? 1. A counter notice must include all of the following information: If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys fees). The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. You can use your existing Shutterfly account when linking your Lifetouch account and digital images. We will not knowingly collect personally identifiable information from children. Read Our Shutterfly Promise . Schools ultimately decide how much, or how little, information is used in producing School Service Items. About Digital Images - Preschool - force.com We do not sell, license or share the personal information we collect with unaffiliated third parties for their marketing purposes. Shutterfly Video Plan (Video Plan) is a subscription program designed to offer customers certain benefits from Shutterfly. 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.