SmugMug
SmugMug is a paid image sharing, image hosting service, and online video platform on which users can upload photos and videos.
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We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, mobile device identifiers, and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by SmugMug and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. We use Google Analytics to understand our website traffic, and we allow our users to use their Google Analytics and StatCounter analytics accounts on their SmugMug-hosted pages. We may allow additional services later. You can opt out of Google Analytics by installing Google Analytics’ opt-out browser add-on. A StatCounter opt-out is available here. You should take the steps described above with each browser you use. Your device should also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for interest-based advertising purposes.
Even if there is a reasonable delay before the data is fully deleted (as is common), the data still counts as "permanently deleted" and satisfies the parameters for this question.
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You may update, correct or delete certain information about you at any time by logging into your online account or emailing us at help@SmugMug.com. You may delete your account or terminate your subscription pursuant to SmugMug’s Terms of Use, but note that we may retain certain information as required by law or for legitimate business purposes.
This may come in the form of outright data sharing or by using local third-party analytics software (such as Google Analytics, which collects a plethora of user information).
Note that whether the policy allows sharing aggregated user data does not affect this question.
If the personal data is encrypted when it passes through the third-party, it does not count as third-party access (as the data is inaccessible to that party).
If personal data has been made public by, for example, posting it to a blog, it does not count as private personal information (and is therefore not considered by this question).
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We may share information about you as follows or as otherwise described in this Privacy Policy:
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, for example, 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 in anticipation of, any merger, divestiture, consolidation, bankruptcy, sale of company assets, financing or acquisition of all or a portion of our business to another company, or other significant corporate event (in which case the acquiring entity may use the information pursuant to its own privacy policies and procedures, to the extent legally permissible); 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.
Our sharing of Photographer Personal Data is governed by our agreement with the user who posted it. If you contact us regarding a request or complaint about Photographer Personal Data, we may forward your communication to the user who posted it.
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, the public, and others, depending on the settings you establish with the entity that provides the social sharing feature, and depending on that entity’s other sharing practices. 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
We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, mobile device identifiers, and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by SmugMug and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. We use Google Analytics to understand our website traffic, and we allow our users to use their Google Analytics and StatCounter analytics accounts on their SmugMug-hosted pages. We may allow additional services later. You can opt out of Google Analytics by installing Google Analytics’ opt-out browser add-on. A StatCounter opt-out is available here. You should take the steps described above with each browser you use. Your device should also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for interest-based advertising purposes.
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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;
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SmugMug takes physical, technical and administrative measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no security measure is perfect. SmugMug cannot and does not promise that any information will remain secure.
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Date of Last Revision: February 6, 2020
Note that all companies operating in the EU are subject to Art. 33 of the GDPR, which requires companies to notify their data protection authority of a data breach within 72 hours of discovering it.
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The policy doesn't require the service to disclose data breaches to users
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We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, if the changes are significant, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the choices available to you.
This includes the use of data brokers and independent verification authorities (such as background check providers).
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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. When somebody buys a gift for you on our service, we’ll receive your shipping information from the purchaser. Users also can share another person’s email address with us through features that can invite the other person to view the user’s content.
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Our use of the following information, which we call “Photographer Personal Data,” is limited by our agreements with our registered users: (i) images and videos that the user uploads to or creates in the Services, and (ii) any labels, tags, comments, descriptions or categorizations that user adds to those images and videos in the Services.
We use other information for the following purposes:
To analyze, personalize and improve our Services;
To provide the products and Services you order;
To respond to questions, concerns, or customer service inquiries;
To facilitate contests, sweepstakes and surveys;
To enforce the legal terms that govern our business and commercial relationships;
To comply with law and legal process and protect rights, safety and property; and
For other purposes requested or permitted by our users or other relevant individuals, such as website visitors.
We also may use personal information to create appropriately aggregated or anonymized data, which is not subject to this Privacy Policy, and which we may use or disclose for any purpose.
Some services allow users to opt-out or opt-in to of non-critical collection or use of personal data, such as collecting data for personalized advertisements.
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For more information about interest-based-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. We use Google Analytics to understand our website traffic, and we allow our users to use their Google Analytics and StatCounter analytics accounts on their SmugMug-hosted pages. We may allow additional services later. You can opt out of Google Analytics by installing Google Analytics’ opt-out browser add-on. A StatCounter opt-out is available here. You should take the steps described above with each browser you use. Your device should also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for interest-based advertising purposes.
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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, bank transfer information, Social Security number (and other data necessary for tax reporting relating to payments to users), title, gender, 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 (as described above), 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
We use various technologies to collect information, including cookies, web beacons and similar technologies. Cookies are small data files stored on your hard drive or in device memory that help us to provide and improve our Services and your experience, see which areas and features of our Services are popular and count visits, and for our advertising and analytics purposes. We use cookies to keep you logged in to the Services, to count the number of unique computers using the Services and to record your user preferences. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. You may be able to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent. Some browsers offer similar settings for HTML5 local storage, and Flash storage can be managed here. For more information and more detailed options, please see the “Advertising and Analytics Services Provided by Others” section below.
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. When somebody buys a gift for you on our service, we’ll receive your shipping information from the purchaser. Users also can share another person’s email address with us through features that can invite the other person to view the user’s content.
Last Updated
June 24, 2020
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