dotPhoto.com Customer Privacy Policy - July 29, 2014
dotPhoto, Inc. has created this privacy policy to demonstrate our firm commitment to protecting information you submit and to make you more aware of the practices and choices you may make about how the information you submit is used, as well as educate our users about privacy issues relative to using our services. This privacy policy only applies to transactions made, personal data gathered, and information stored by you on the dotPhoto.com website (the "Site"). Please review this privacy policy periodically as we may update it from time to time. This privacy policy was last revised on June 15, 2004. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. You agree that by using the Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below in this privacy policy.

This policy may be revised over time as new features are added to the Site or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only after we provide you by e-mail with at least 30 days' notice of the amended Privacy Policy (if you have closed your account, you will not be contacted to notify you of the amended Privacy Plicy and your personal information will not be used or disclosed in this new manner).

We will also post a notification that the Privacy Policy has been amended prominently on our Web site so that you can always review what information we gather, how we might use that information, and under which conditions we will disclose it to anyone.

Who we are:
Information We Collect:
How We Use the Information We Collect:
Providing Merchants with Contact Information:
Divulging Your Contact Information for Legal and Administrative Reasons:
Other Instances where Contact Information may be Shared:
Responsibility:
Benefits to You for Participating in dotPhoto emails:
How We Use Your Financial Information:
How We Use Demographic Information:
Information Other Web Sites Collect From You:
Your IP Address:
Cookies:
Our Security Precautions; Geographic Location of Information:
Buying and Selling Photos:
Tell a Friend Program:
Public Areas:
How You Can Access and Update Your Email Preferences, Contact information and other My Account Information; Deleting Information:
How to Contact Us Regarding Privacy; Notice:

Who we are:
When we say "we" or "dotPhoto" in this privacy policy, we mean dotPhoto, Inc., a Delaware corporation, and those dotPhoto subsidiaries used to provide on-line media services that operate primarily under the "dotPhoto" brand name. Accordingly, all information we receive may be shared among the different parts of dotPhoto in connection with dotPhoto's operations, and all information that is subject to this privacy policy will be used in accordance with this privacy policy by all parts of dotPhoto. However, dotPhoto does not include dotPhoto's other (i.e., non-subsidiary) affiliated companies, as those companies are referred to in this privacy policy as "others," "other companies" or "third parties."

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Information We Collect:
In order to operate the dotPhoto Site and provide you with information on products and services that may be of interest to you, we may collect "contact information" (i.e., information that could be used to contact you such as full name, postal address, phone number and email address as well as your computer's unique IP address (if any)), "financial information" (i.e., passwords, credit and debit card numbers and bank and other financial institution account numbers) and "demographic information" (e.g., zip code, postal code, hometown, gender, purchase history information and age as well as IP addresses that are not unique to your computer) from you. Please note that nowhere on the Site do we knowingly collect contact information or financial information from children under the age of 13.

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How We Use the Information We Collect:
Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance. We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. When you make a purchase through the Site, or register with the Site, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.

Contacting You for Offers and Promotions. After you provide us with an email address and agree to receive promotional materials in connection with ordering goods or services through the Site or registering with the Site, or in connection with any Special Offers as described below, you may visit the "MyAccount" section of the Site. There you will be given the opportunity to opt out of receiving promotional emails from us and to separately opt out of receiving promotional emails from certain third parties, or from us on their behalf, whom dotPhoto believes offers quality goods or services that may interest our users. If you have opted out of receiving promotional emails, you may use the MyAccount section to choose to begin receiving promotional emails full of great offers from dotPhoto and/or great offers relating to quality goods and services from third parties. "Promotional emails" are emails that are sent solely for promotional purposes. By submitting an email address to us and leaving the appropriate boxes checked upon registering with our Site, you agree that dotPhoto may send promotional emails to that email address, on its own behalf or on behalf of a quality third party vendor, in accordance with your selections until such time that you so indicate your preference not to receive them via the MyAccount section. It is our policy to send only a reasonable number of promotional emails to our users. Please note that if you ask not to receive promotional emails from dotPhoto, you may still receive promotional emails during the next 72-hour period (as it may take some time for your preferences to be updated throughout our computer systems) and you may still receive non-promotional emails from dotPhoto.

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Providing Merchants with Contact Information:
In addition to selling digital media services on the Site, dotPhoto may sell other goods or services, or allow you to participate in (or register for) contests, or other offers or programs (such as discount or rewards programs or subscriptions) on the Site. These goods, services, contests, or other offers or programs ("Special Offers") for which you make purchases or orders, or for which you participate in or register, may be provided by third parties ("Merchants"). Consequently, if you elect to engage in a Merchant's Special Offer, dotPhoto may provide that Merchant with your contact information; in fact, when you elect to engage in a Merchant's Special Offer you affirmatively and expressly consent for us to provide your email address and other information to that Merchant. Because Merchants are not part of dotPhoto, Merchants are not subject to this privacy policy and may use your contact information to communicate with you by sending emails or through other means, and may share your contact information with others. If you want to learn about a particular Merchant’s privacy policy, or you do not want to receive communications from a particular Merchant, or you have other questions, instructions or concerns to which you would like a Merchant to respond, then you must contact that Merchant directly.

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Divulging Your Contact Information for Legal and Administrative Reasons:
We may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of dotPhoto or other visitors to the Site or users of services or products provided by dotPhoto. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of dotPhoto, subject to a pledge of confidentiality under which the recipient of your contact information agrees to use the information solely for the purpose of carrying out the transaction.

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Other Instances where Contact Information may be Shared:
If you opt out of receiving promotional emails from a third party or from us on behalf of a third party, then we will not share your contact information with unaffiliated third parties, unless we are otherwise permitted to under this privacy policy (for example, we will still be permitted to share your contact information with Merchants, but only to the extent permitted above). If you do not opt out of receiving all promotional emails, then we may share your contact information if we believe it makes business sense. These third parties may communicate directly with you about their products and services.

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Responsibility:
dotPhoto will not be responsible or otherwise liable for any use or disclosure of your contact information by a third party to whom dotPhoto is allowed to disclose your contact information under this privacy policy.

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Benefits to You for Participating in dotPhoto emails:
Every dotPhoto newsletter contains, in addition to useful instructions on new dotPhoto features, a special offer available only to readers of dotPhoto mailings. Each newsletter contains a promotional code that is only available to newsletter readers; we make these offers as a way of saying “thank you” to our most enthusiastic and well-informed users. You may not “opt out” of emails from dotPhoto related to the maintenance of your account. From time to time, dotPhoto may notify you that you have not visited or updated your account, which could lead to the deletion of your photos if you do not read and respond appropriately to the email. Monthly “plan” or “subscription” members do not have any obligations to visit their photos, and will not receive notification mailings.

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How We Use Your Financial Information:
We use your financial information to help us efficiently perform sales and other transactions on the Site, to deliver the goods and services you have requested, to enroll you in any bulk order, monthly subscription and other programs that we may offer from time to time in which you elect to participate and to perform quality assurance. We may also provide your financial information to your credit card issuer, financial institutions or credit card processors to process transactions and for their other purposes.

We may disclose specific financial information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of dotPhoto or other visitors to the Site or users of services or products provided by dotPhoto. Also, your financial information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of dotPhoto, subject to a pledge of confidentiality under which the recipient of your contact information agrees to use the information solely for the purpose of carrying out the transaction.

dotPhoto will not be responsible or otherwise liable for any use or disclosure of your financial information by a third party to whom dotPhoto is allowed to disclose your financial information under this privacy policy.

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How We Use Demographic Information:
We may use your demographic information to perform business analyses or to tailor the Site and communications to your interests. We may share anonymous, aggregated demographic information with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. Any time that we are allowed under this privacy policy to share your contact information or financial information, we may also share your demographic information along with it.

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Information Other Web Sites Collect From You:
On the Site, we place links to other web sites operated by other parties and from time to time we include information and links to third party web sites in our promotional email. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites' business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

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Your IP Address:
Like most e-commerce websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

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Cookies:
Like most websites, the Site uses cookies to help it keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies to deliver content specific to your interests and to facilitate the retrieval of information so you do not have to re-enter it each time you visit the Site. On the Site, others may place or read cookies on your browser as well. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas or features of the Site.

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Our Security Precautions; Geographic Location of Information:
The Site has security measures in place to help protect against the loss, misuse and alteration of the information under our control. We use secure socket layer (SSL) technology to help protect the security of commerce transactions. We encrypt your contact information and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and make all commercially reasonable efforts to do so, dotPhoto cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any financial information. Please be careful and responsible whenever you send information online.

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Buying and Selling Photos:
dotPhoto allows members of the Site ot buy and sell their pictures in digital and print format. When you sell your pictures, no personal information shall be available to the purchaser of those pictures other than your UserID unless otherwise required by the terms of this Privacy Policy.

When you purchase pictures, the seller of the pictures will have access to your name and contact information, but shall not have access to your financial information.

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Tell A Friend Program:
When you become a registered dotPhoto user, you become eligible to participate in our "tell a friend" program. You can do so through a link on the dotPhoto homepage. Through the "tell a friend" page, you may send emails to people that you believe would be interested in joining dotPhoto. The email recipient can see the email address that you have supplied to doPhoto within your settings in the My Account page and the recipient will be able to reply directly to you. Other than this email address, no other information about you, or your account, will be available to the recipient.

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Public Areas:
Protecting your Privacy. The Site provides you with the opportunity to post your personal photographs and information, descriptions or statements appurtenant thereto for display in areas of the site that are accessible to viewing by the general public ("public areas”). This privacy policy does not apply to any information, including such photographs, that you submit for use in public areas. We ask that you do not submit any personal information, including contact information or financial information, for display in public areas, as other people who use the Site will see it. If you submit such information for display in public areas, dotPhoto cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.

While dotPhoto works extremely hard to maintain a family-friendly atmosphere within the Site, dotPhoto asks that you keep any photographs that you would not want any member of the general public viewing or purchasing a print copy thereof in a private, password-protected album. These albums may be viewed by chosen guests; however, password-protected albums cannot be searched or viewed by the public at-large except when you link them to a web site. dotPhoto is not responsible for any inappropriate or illegal use, distribution, or sale of photographs and/or downloaded images made public by our users. We strongly urge you use caution when selecting which, if any, photographs in your on-line collection that you wish to make available for viewing and/or purchase by the general public, especially photographs featuring children.

Inappropriate Images. We require that all photographs that are, in our sole discretion, inappropriate for children to view be kept in private albums. Failure to do so may, at our sole discretion, result in a suspension or revocation of your account privileges. In any event, the offending images will be immediately removed from the relevant public album(s) and may, at our discretion, be deleted from Site.

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How You Can Access and Update Your Email Preferences, Contact information and other My Account Information; Deleting Information:
You may click on the Site's MyAccount link and follow the instructions to modify information you have previously provided to us or to indicate (in greater detail) which types of promotional emails you want (or do not want) to receive from approved third party vendors or us. Emails that we send you may also have links to the Site's MyAccount section. If you would like to delete an account that contains your information, please contact customer service by clicking here. Please note that deleting your account on My Account will not delete all of your contact information or other information contained on our systems, as much or all of this information will be retained to preserve records of our commercial relationship with you. Further, certain information may have already been provided to third parties as described above.

Please note that changing information through your MyAccount page, or otherwise opting-out of receipt of email communications from dotPhoto and third parties will only change the data reflected in MyAccount for purposes of transacting future business on the Site and for managing future communications from dotPhoto. If dotPhoto has already provided your information to a third party before you have changed it on MyAccount, then it is possible that the third party will not receive an update of the information reflecting the change.

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How to Contact Us Regarding Privacy; Notice:
If you have any questions or concerns about this privacy policy or would like to contact us regarding the information you have submitted to us, you can contact us at the following address:

To contact us:

By email

   support@dotPhoto.com

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By Mail:
   Legal Department
   DP Operating Company, Inc.
   939 Ridge Road, 2nd floor
   Monmouth Junction, NJ 08852

If, to the extent required by law or otherwise, we notify you that the security of the information you submit has been compromised, then you agree that we may give you such notice by email or electronic notification instead of by regular mail.

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dotPhoto Classic

If you prefer to use the old dotPhoto website, no problem. We'll keep the old site up until January 1, 2015. Any changes you make to your photos or albums on the old site will of course pass through to the new site and vice versa.

If you have any comments about the new site, or have found errors or something that does not seem to work, please let us know at support@dotphoto.com.

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