Privacy policy

Last updated: September 3, 2024

Photolaboratory, LLC (“we,” “our,” or “us”) is committed to ensuring the privacy of all users of our services as well as other visitors to our website. This Privacy Policy outlines and describes the types of information we may collect from you or that you may provide when you visit our website and our practices regarding how we may collect, use, protect, and disclose your personal information when you visit, use our services, or make a purchase from photolabberkeley.myshopify.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and data, and how we will treat it. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date, and take any other steps required by applicable law. Your continued use of our website or services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

How We Collect and Use Your Personal Information

To provide the Services, we collect, and have collected over the past 12 months, personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

Generally, in addition to the specific uses set out below, we may use information we collect about you to 1) communicate with you, 2) provide the Services to you, 3) comply with any applicable legal obligations, 4) enforce any applicable terms of service, and 5) to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

• Basic contact details including your name, address (including street number and name, the city, state, zip code, and country), phone number, and email.
• Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
• Account information including your username, password, and security questions.
• Shopping information including the items you view, put in your cart, or add to your wishlist.
• Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect through Cookies

We also automatically collect certain information about your interaction with the Services to help us better manage content on our website, software, and services by informing us what content is effective ("Usage Data"). To collect the website and Usage Data, we may employ various tracking technologies, such as cookies, pixels, and similar technologies (collectively, "Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information regarding your interaction with the Services. For more information on our use of cookies and similar technologies, including instructions on how to opt-out, please refer to our Cookies Policy. While you may be able to opt out on certain tracking features, others may be necessary for the operation of our website, software, and services.

Information We Obtain from Third-Parties

Finally, we may obtain information about you from third-parties, including from vendors and service providers who may collect information on our behalf, such as:

• Companies who support our Site and Services, such as Shopify.
• Our payment processors, who collect payment information (e.g., your contact details, your shipping and billing information including bank account, credit or debit card information, and billing address) to process your payment in order to fulfill your orders and for the purposes of administering the payment, for the supply of the purchased goods and services, and keeping proper records of those payments. This information may be shared with other third-parties for the same purposes. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
• When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third-parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies. These help us better manage content on our website, software, and services by informing us what content is effective.

Any information we obtain from third-parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third-parties and are not responsible for any third-party’s policies or practices. For more information, see the section below, Third-Party Websites and Links.

How We Use Your Personal Information

• Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including 1) to process your payments, 2) fulfill your orders, 3) to send notifications to you related to your account, purchases, returns, exchanges, or other transactions, 4) to create, maintain, and otherwise manage your account, 5) to arrange for shipping, facilitate any returns and exchanges, and 6) to enable you to post reviews.
• Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as 1) to send marketing, advertising, and promotional communications by email, text message, or postal mail, and 2) to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
• Security and Fraud Prevention. We use your personal information to detect, investigate, or take action regarding possible fraudulent, illegal, or malicious activity. If you choose to use the Services and register an account, it is your responsibility for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
• Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

Cookies

To collect the website data, we may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on our website, software, and services by informing us what content is effective. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics, and to better understand user interaction with the Services (in our legitimate interests to administer, improve, and optimize the Services). We may also permit third-parties and services providers to use Cookies on our Site to better tailor the services, products, and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. While you may be able to opt out on certain tracking features, others may be necessary for the operation of our website, software, and services. Additionally, blocking Cookies may not completely prevent how we share information with third-parties such as our advertising partners.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third-parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

• With certain reputable vendors or other third-party service providers that we use to conduct our business and offer our services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment, and shipping). We will ensure that any partner service providers that we disclose your personal information or data to have their own privacy policies and frameworks that are sufficient, in our discretion, to protect and secure your information and data.
• With business and marketing partners, including Shopify, to provide services and to advertise to you.
• With our business and marketing partners which will use your information in accordance with their own privacy notices.
• When you direct, request us, or otherwise consent to our disclosure of certain information to third-parties, such as to ship your products or through your use of social media widgets or login integrations, with your consent.
• With our affiliates or otherwise within our corporate group, in our legitimate interests, to run a successful business.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category	Categories of Recipients
Identifiers such as basic contact details and certain order and account information Commercial information such as order information, shopping information, and customer support information Internet or other similar network activity, such as Usage Data	Vendors and third-parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners, and data analytics providers) Business and marketing partners Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

User-Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user-generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third-parties.

Third-Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third-parties. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information that we collect from you. Other websites accessible through our website have their own privacy policies and data collection, use, and disclosure practices. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions to see how they collect, store, secure, and process your personal information and data. We are not responsible for the policies or practices of third-parties, including any third-party site or other products and services used in connection with and we do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third-party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children’s Data

Our Site and Services are not intended for children under thirteen (13) years of age. The use of our Services by minors is strongly regulated. No one under the age of thirteen (13) may provide any personal information or data to or on our Site or Services. We do not knowingly collect personal information from children under the age of thirteen (13), unless provided by the minor’s parent or legal guardian. If you are under thirteen (13), do not use or provide any information on our Site, our Services, through any of their features, register on the Site or make an account, make any purchases or transactions through the Site or Services, use any of the interactive or public comment features of the Site or Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us immediately.

We comply with the requirements of the Children’s Online Privacy Protection Act. You must be at least 18 years old to have our permission to use our Site and/or Services. If you are from the ages of thirteen (13) through seventeen (17), or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to this privacy policy.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

We take reasonable organizational, technical, and physical security measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. If you have reason to believe personal information has been compromised, please promptly contact us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

• Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to: a) your request not being found to be unfounded or excessive, in which case a charge may apply; and b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a notarized photocopy of your driver’s license and/or passport and an original copy of a utility bill showing your current address). We may withhold personal information that you request to the extent permitted by law.
• Right to Delete. In certain circumstances, you may have a right to request that we delete personal information we maintain about you. This will be done without undue delay. These circumstances include the following: (1) it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; (2) you withdraw your consent to any processing which requires consent; (3) the processing is for direct marketing purposes; and/or (4) the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for establishing, exercising, or defending legal claims.
• Right to Correct. If we hold any inaccurate personal data about you, you may have a right to request that we correct inaccurate personal information we maintain about you. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.
• Right of Portability. Where you have given us consent to process your personal data, or where we are processing your personal data for the performance of a contract, you may have a legal right to receive a copy of the personal information we hold about you in a structured, commonly used, and computer-readable format When a data request is made of us, we will make available all applicable personal data to you in a computer-readable format and will transmit your personal data to the appropriate third- party pursuant to your instruction. We will not process your data in this way if we believe that it may pose a threat to the security of the data.
• Right to Opt-out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.

• Restriction of Processing. You may have the right to ask us to stop or restrict our processing of personal information where our legal basis for the processing is that it is necessary for the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third- party. If you make an objection, we will stop processing your personal information unless we are able to demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights, and freedoms; or the processing is in relation to a legal claim.
• Withdrawal of Consent. Where we rely on consent to process your personal information, you may have the right to withdraw this consent. To withdraw your consent, please contact us. Withdrawal will not affect the lawfulness of processing before the withdrawal.
• Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
• Managing Communication Preferences. We may send you promotional emails, and you may opt-out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt-out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights by written notice where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

California Privacy Rights Act

The California Privacy Rights Act (the “CRPA”) does not apply to the Company. The Company will try to accommodate your concerns regarding your Personal Information or this Privacy Policy, but we can make no guarantees that we can resolve all accommodation requests in every manner requested.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below. We take your privacy seriously and wish to do what we can reasonably do to protect your personal information, but we cannot and do not make any guarantees that we can resolve every privacy issue in every manner requested. If you have any recommendations on what we can do better regarding privacy and privacy protections, including any revisions or updates to this Policy, please feel free to reach out to us and we may take your comments under consideration.

Contact Us

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, email us at info@photolaboratory.com or contact us at Photolaboratory, LLC, 2235 Fifth Street, Berkeley CA 94710, United States.