Date of Last Revision: August 15, 2018
SmugMug, Inc. and its subsidiaries, including Flickr, Inc. ("SmugMug", "we" or "us"), are passionately committed to the privacy of our customers.
For information about how to change your privacy preferences for your photo galleries, please see: http://help.smugmug.com/customer/portal/articles/1229910.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you:
- Create an account and subscribe to our digital photography, media hosting or other services;
- Purchase photo prints or other products or services;
- Participate in a survey, contest or sweepstakes;
- Contact us for any reason, such as to request help with the Services or to provide us with your comments/feedback; or
- Post information in connection with your photos and galleries (e.g., in a photo caption) or in other forums or interactive areas of the Services.
- Otherwise communicate with SmugMug.
The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information and other information you choose to provide.
You have the option of telling us how you wish to be identified in connection with your photos, galleries, comments and elsewhere using the Services. If you choose to use your real name (or include any identifying information as part of your "nickname") that information will be publicly displayed through the Services. Therefore, please use caution in determining how you wish to be identified in using the Services.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about your use of the Services, including:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, screen resolution, color and depth, device identifiers and mobile network information.
- Photo Location Information: When you upload a photo with geographical data (i.e. from a mobile device) or manually geotag your photo, we collect the location of that photo. With your consent, we collect information about your location if you take a photo within the SmugMug mobile application to add to your photo’s metadata.
- Exif Data: Exchangeable Image File Format (“EXIF”) data is a record of the settings and other relevant metadata inserted by a digital camera when you take a photo or video such as camera type, aperture, shutter speed, focal length, and location, among other information. Unless you turn off EXIF data on your camera or device or remove it from the picture before uploading to SmugMug, SmugMug receives and stores EXIF data.
Information Collected by Cookies and Other Tracking Technologies
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with our billing for the Services.
Use of Information
We may use information we collect to provide and improve our Services, to deliver the products and services you order, to facilitate contests, and to communicate with you. We also use the information we collect to understand how users interact with our services and to personalize our Services.
Sharing of Information
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- If you purchase prints or other products from one of our subscribers (e.g., a professional photographer whose site is maintained or hosted by SmugMug), so that such subscriber may provide you with assistance or answer questions you may have in connection with your purchases;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of SmugMug or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
- With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or anonymized information that does not directly identify you.
Social Sharing Features and Third-Party Integrations
The Services may offer social sharing features and other integrated tools which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Additionally, you may give certain third party apps different levels of permissions to interact with your account to take advantage of things like photo editing tools. If you want to stop using one of these apps and revoke your permission, click the "Revoke" link under "Authorized Services" in the Privacy section on your account settings page.
Advertising and Analytics Services Provided by Others
SmugMug takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
To provide the Services, we may transfer your information to SmugMug servers in the United States or other countries. When we transfer information from the European Economic Area (“EEA”) to countries that have not been deemed to provide an adequate level of protection, we employ data processing agreements based on the Standard Contractual Clauses to help ensure that your data is protected wherever it is transferred. You may request a copy of these clauses by contacting us at help@SmugMug.com.
When we transfer personal data from the European Union or Switzerland to the United States, we comply with the EU-U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States, respectively. SmugMug has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of your personal data. EU [and Swiss individuals] with inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. SmugMug is subject to the investigatory and enforcement powers of the Federal Trade Commission.
If we share personal data transferred to the U.S. under the Privacy Shield with a third-party service provider that processes such data on our behalf, then we will be liable for that third party’s processing in violation of the Privacy Shield Principles, unless we can prove that we are not responsible for the event giving rise to the damage.
Privacy and Profile Information
In the "Edit Profile" section of your User Menu, you can add, edit, or remove various pieces of profile information, including: first/last name, display name, contact email address, personal description, profile photo, and social media URLs.
Information provided in your Profile will be publicly available through the Services, including to your site visitors and via the search function on smugmug.com/search. Visibility of your account in search results can be limited via the “Discovery” tab of your Account Settings. Visibility of individual folders/galleries/photos in search results can be limited via each folder or gallery's settings.
You can delete individual photos that you have on SmugMug by selecting the photos that you wish to delete, then clicking the delete button. Or you can delete groups of photos using batch operations.
Photo Sharing Features
In the "Privacy" section of your Account Settings, you can determine who can access your site by leaving it set to "Anyone" by default, setting a site-wide password, or inviting only specific people to have access to your site. You can control at a more granular level each folder and gallery's settings, leaving them set to "Anyone" by default, making them unlisted, applying a password, allowing access to only specific people, or giving only yourself access.
If you turn on the auto-upload feature, photos and videos from your mobile device camera roll will be automatically uploaded to SmugMug. These photos and videos will be stored as private on SmugMug until you choose to share them. You can turn off auto-upload at any time in your mobile app settings.
By default, SmugMug will display a link showing EXIF data about photos or video you upload. The link shows on all your individual photo pages, and displays the make & model of the camera you used to take the shot. You can elect to hide this link in “Appearance” section of your Gallery Settings.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application's collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.
Some cameras can store GPS (location) coordinates in a photo's EXIF header. SmugMug imports that data and if you choose, SmugMug can display that data publicly. This setting can be changed in gallery settings "Permissions and Sharing" . You can also change the settings on your camera to stop location data storage.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Services. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional communications from SmugMug by following the instructions in those communications or by emailing us at help@SmugMug.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Visit your SmugMug Account Settings area to edit your SmugMug email notification settings.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at help@SmugMug.com.
Residents of the European Economic Area
If you are a resident of the EEA, you have certain rights and protections under the law regarding the processing of your personal information.
Legal Basis for Processing
If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:
- We need to use your personal information to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Services you have requested).
- We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
Data Subject Requests
If you are a resident of the EEA, you have the right to access personal information we hold about you and to ask that your personal information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can log into your account and use the settings and features explained above or you may contact us as indicated below.
Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.