Privacy Policy

TERMS & CONDITIONS

Please read these terms of use carefully, as they may have changed since your last visit. These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using this property, you agree and acknowledge that you have read, understand, and agree to be bound by these terms of use. If you do not accept them, then do not use this property. Please print or save a copy of these terms of use for future reference.

PRIVACY AND TERMS

Stan Wilkinson Inc. and each of its affiliated companies (“SWI Photography” “SWI Publishers,” “we,” “us” or “our“) is committed to respecting the privacy rights and concerns of all users of the SWI website.

Your privacy is important to Stan Wilkinson Inc. (SWI). This privacy policy is provided to inform you of our policies and practices regarding how we collect, use, disclose, transfer and store information about you. This Privacy Policy explains how we collect and use information through swiphoto.com, services available through swiphoto.com such as SmugMug and GotPhoto, and our widgets, services, and interactive properties on which this Policy appears (each, a “Property”), and your choices with respect to our collection and use of information. This Policy applies to information we collect through Properties regardless of how accessed or used; email or electronic newsletters; offline means such as telephone and traditional mail; and any other means of applications you use to connect with us.

This Policy is subject to the SWI Photography Terms of Use. Each time that you access or use a Property, you signify that you have read, understand, and agree to be bound by the Terms of Use and this Policy. If you do not agree to the Terms of Use or this Policy, you must discontinue using our Properties.

THIS POLICY ANSWERS THE FOLLOWING QUESTIONS

What information do you collect from and about me?

What information do you collect when I access and use a Property?

What do you do with collected information?

What choices do I have with respect to your collection and use of information?

What student personal data do you collect/receive from schools?

WHAT INFORMATION DO YOU COLLECT FROM AND ABOUT ME

We collect personal information and other information from you (including content you provide) through your use of this Property, through contacts with our customer service and sales associates, from our customers such as schools, and/or third parties acting on our behalf. This information you provide us may include information about yourself, such as your name and contact information, as well as information about others, such as through “sharing” features. We receive information from third parties such as our customers, our partners, and other trusted sources. We also collect information from third party services.

Personal information means information that can be used to identify and contact you.

We may collect information from you such as your name, address, zip code, email address, telephone number. When you are purchasing products through the Property, you will also be required to provide a billing address and credit card or other payment information. No information of this type will be collected unless you have decided to purchase one of SWI Photos’ products or services.

We may combine information you give us with other information from third party sources, transactions and communications. 

WHAT INFORMATION DO YOU COLLECT WHEN I ACCESS AND USE A PROPERTY

Like most websites and services, we and our third party service providers and advertisers use various technologies, including without limitation cookies, flash cookies, HTML5 cookies, tracking pixels, web beacons, and embedded scripts, to make our Properties work and to learn more about our users and their likely interests. We also receive certain information from your device itself, such as IP address and/or device token. If enabled on your device, we use geolocation to provide you with customized or geographically specific content.

We treat information collected by cookies and other technologies as non-personal information. However, to the extent that internet protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.

WHAT DO YOU DO WITH THE COLLECTED INFORMATION

We use information we collect to communicate with you about our products or services; to manufacture and produce our products such as yearbooks; to process orders and support our commerce solutions; to provide, manage and improve our Properties, products, services and business; in connection with promotions such as sweepstakes and contests; for us and our service providers to provide services and deliver content; to comply with legal requirements and protect you, SWI Photography, and others; and in connection with corporate events such as a sale of the business. We use information provided by schools to provide our products and services and as otherwise allowed under this Policy except where a school has restricted our rights to use provided information, and we will not sell or rent such information to any third party. We share your personal information with certain partners if you have given us permission to share it with that partner. Except as prohibited by applicable law, we also use your information to personalize your user experience, to improve our Properties, products and services, for fraud prevention, to provide reporting, and for other historical, statistical or research and analysis purposes. If you are outside the US, you give us consent to transfer it to the US.

We use your personal information to complete transactions, respond to your requests, deliver products and services you request, and send communications to you about promotions, updates, or special offers (which may be offered by SWI Photography or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services and other business operations for us. We may also use your personal information to provide analyses of our users in the aggregate (including analytical data subject to the terms of this privacy policy) to prospective partners and other third parties. In addition, we will share the personal information we collect from you under the following circumstances:

We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the SWI Photo Property, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the SWI Photo Process, or (iv) such action is appropriate to protect the rights, property or safety of SWI Photography, its employees, users of the SWI Photography Property or others.

Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we may partner with other companies to process payments for SWI Photography. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

This Privacy Policy does not cover the information practices of third-party websites linked to the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use, and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

WHAT CHOICES DO I HAVE WITH RESPECT TO YOUR COLLECTION AND USE OF INFORMATION

You can withdraw your consent to receive promotional communications from us at any time. If you choose not to provide us with the right to use personal information, we may not be able to provide you with the product, service or information you requested. You can use third party sites, services and apps to opt out of the collection of your information from certain third parties, such as Google and other third-party advertising service providers (if you clear your cookies, you’ll need to opt out again). You can also review and update your personal information in our possession.

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your transactions.

WHAT STUDENT PERSONAL DATA DO YOU COLLECT/RECEIVE FROM SCHOOLS?

The information we need for Picture Day depends on the specific services SWI Photography is providing your school. We collect the basic information in advance of Picture Day in order to match names to the pictures and for efficient distribution within the school. We may receive your email or mailing address in order to deliver Picture Day related communications on behalf of the school. In such cases, we do not retain or use your information for any other purpose.

Schools and/or counties decide how much, or how little, information is used in producing School Photography Items. SWI never has access to sensitive information, such as grades or attendance data, from your child’s(s) record.  

CHILDREN’S POLICY

We do not knowingly collect personal information from children under 13. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.

COPYRIGHT

All proofs and finished portraits are the exclusive property of SWI Photography. It is understood that it is a violation of Federal Copyright Law 17, U.S.C. Section 102, to copy, reproduce or scan any images created by the studio without written permission. SWI Photography is proud of the custom product we have created through our experience, creativity, and professionalism, and will protect our reputation at all costs to prevent inferior quality reproductions.

WAIVER OF LIABILITY

I am aware that photography sessions in natural surroundings involve risks of serious bodily injury, including permanent disability, paralysis, and death; I am participating in these photographic sessions with knowledge of the danger involved and hereby agree to accept any and all risks of injury that may result therefrom. I hereby release, waive, discharge and covenant not to sue SWI Photography or its employees or independent contractors working for Stan Wilkinson, Inc. for injuries caused during the photography session.

REQUEST FOR ACCESS POLICY

I certify that I am 18 years of age or older, or the legal guardian of the named student.  I will indemnify, defend and hold harmless SWI Photographers, its affiliated companies, employees and representatives from any claim or demand (including costs, expenses, and reasonable attorney’s fees) arising out of or relating to printing or delivering portraits photographed by SWI Photographers.

The Parties agree that any form of electronic signature, including but not limited to signatures via scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Any form of signature is valid for one school year, and must be submitted individually for separate children.

ALL SENIOR SESSIONS AGREE TO THE FOLLOWING:

I hereby give SWI the absolute and irrevocable right and permission with respect to the photographs that SWI has taken of my minor child:

  1. To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, and advertising.
  2. I acknowledge that participation is voluntary and that neither I and/or the minor child or children will receive financial compensation of any type associated with the taking or publication of these photographs.
  3. I understand that at any point if I wish to opt-out, please contact us by emailing info@swiphoto.com

NOTIFICATION OF CHANGES

This Privacy Policy may change from time to time and we will post all changes on this page.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Questions or Comments. If you have any questions or comments related to these Terms or this Property, please contact us by emailing info@swiphoto.com.

DISCLAIMER

The information presented on or through this Property is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Property, or by anyone who may be informed of any of its contents.

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