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Privacy

Dedicated to your privacy

Berryflash LLC ("Berryflash," "we," "us") respects your privacy, including the privacy of your information and your pictures. This Privacy Policy explains what information we collect through our website at www.Berryflash.com (the "Site") and our other services, and how we use this information to provide outstanding service to you.

By accessing and using the Site or other services owned and/or operated by Berryflash (collectively, the "Services"), you agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Services.

If you feel that Berryflash is not abiding by this Privacy Policy, you should contact us. Berryflash's offices are located at [office address]. We will do our best to resolve your inquiry.

This policy was last updated: March 01, 2010


Our Privacy Policy is organized as follows:

1. Information Collected Through Our Services

We gather two basic types of information through the Services: personally identifiable information that identifies a person as an individual ("Personal Information") and non-personally identifiable information, which includes aggregated information, demographic information, IP addresses and any other information that does not reveal a person's specific identity ("Non-Personal Information").

  1. Personal Information. You do not have to provide Personal Information to use the Site. However, you may need to provide certain Personal Information to use some of our other Services. For example, when you sign up with Berryflash, you establish a password-protected personal account for storing, organizing and sharing your digital images, as well as for using our other services. In order to establish your Berryflash account, we will need your name, email address and password. (The password will allow you access to your account; as such, it needs to be as secure as possible. A good password includes seemingly random letters and numbers, and isn't obvious (as an example, we do not suggest using names of a spouse, child, or pet)). Additionally, when you order prints, products or other paid products or services, we will need the shipping address, billing name and address, as well as the credit card number and expiration date. Further, if you wish to send email invitations to friends or family to allow them view your pictures or participate in our Share Service (as defined in Section 2(a)(viii) below, you may enter their email addresses using our Share Service. Your Berryflash account also includes an address book, which you can use to store such email addresses.

  2. Non-Personal Information. When you visit and interact with the Services, we and our service providers and business partners may collect Non-Personal Information from sources such as server log files, environmental variables (such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data to collect Non-Personal Information about our users in order to help us deliver better service and user experience. Such Non-Personal Information could include the web site you were on before coming to Berryflash, IP addresses, or areas of site being clicked on most frequently. We and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use "cookies" as well as so-called "pixel tags," "web beacons," "clear GIFs" and other similar technologies to help us deliver better service and user experience and to facilitate your ongoing access to and use of our Services. Cookies are small data files stored by your web browser on your computer's hard drive. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. To learn more about cookies, please visit http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites. If you choose to reject all cookies, you may not be able to access the Services.

2. How We Use the Information We Collect?

  1. Personal Information. We may use Personal Information in the following ways:

    1. Fulfillment of Requests. We may use Personal Information to fulfill the purpose for which such Personal Information was provided (e.g., to fulfill your purchase or other transaction).

    2. Administrative Communications. From time to time, we may send you service announcement updates with important information about Berryflash. Service announcements may contain information vital to your account, so members may not unsubscribe from service announcements.

    3. Other Communications. We may notify you via email or through the mail about new features, products and promotions. We may also send you information on carefully screened third parties whose products or services may be of interest to you. If you wish to unsubscribe from these mailings, please review the instructions in the Section 6 ("Opt-Out") below.

    4. Contests and Surveys. We may occasionally request Personal Information through surveys or contests. Participation in these surveys or contests is completely voluntary. The Personal Information collected is only used for purposes of improving user satisfaction with Berryflash products and services, or in some cases, to notify winners and to deliver prizes. No Personal Information collected through these means is shared with or available to other third parties for such third parties' direct marketing purposes.

    5. Testimonials. Testimonials are used to show benefits to certain programs Berryflash offers. Berryflash always seeks consent prior to posting any testimonial in which Personal Information is included.

    6. Customer Service. Any Personal Information obtained through your contact with our Customer Service team or communications with us, such as chat or emails, may be recorded to help us provide better service.

    7. Internal Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.

    8. Friends and Family.

      Berryflash's Share Service. Sharing your pictures electronically through Berryflash's share service is one of the key benefits we offer. Berryflash's share service includes both Berryflash's general share service, which allows you to send others a one-time email to view photos, as well as our service that allows you to create a special website and invite recipients to participate in that website (collectively, the "Share Service"). Our Share Service allows you to send an email invitation to your selected recipients, to allow them to view, save, or purchase products from your pictures. This invitation email would contain a web link created specifically for your pictures. The email also may include information about special promotional offers from Berryflash and/or carefully-screened third parties.

      As noted above, if you participate in our Share Service, you also have the opportunity to create a special website through our Site to share your pictures, and you may invite recipients to participate in the website you have created. In addition to the invitation email, these recipients will receive notifications in the form of email digests as changes are made to the website (e.g., when new content is added). As the creator of the website, you can determine the frequency of these email digests. In addition, any recipient who is a Berryflash member can change how often he or she wishes to receive these digests through his or her account preferences.

      Address Book. Your Berryflash account also contains an address book where you can store mailing and email addresses for your friends and family. You can use this information to quickly and easily share your pictures and send products from your account.

      Tell a Friend Program. If you use our "Tell a Friend" program to refer Berryflash to your friends, we will use their email addresses to send your invitation and to credit your account with free product(s), if any, per the terms of the program.

      Please be assured that Berryflash does not use the email addresses that you enter through our share services, our "Tell a Friend" program, or into your Berryflash address book to send any type of direct marketing to your friends and family. (Of course, if a friend or family member signs up with Berryflash or we receive their email address from another unrelated source, we may communicate with them in accordance with this Privacy Policy. We would not use any of the Personal Information from your address book or share emails to do so, however.)


    9. Reminder Service. Your Berryflash account also contains a calendar where you can store birthdays, anniversaries, and other key dates and details about friends and family. You can use this information to help keep in touch with friends and family on important dates. Berryflash may send you email reminders of the personalized dates you have entered in this calendar. If you do not wish to receive these reminders, you may unsubscribe from this email reminder service by:

    10. Combining Information. At times, we may combine Personal Information collected from our Services and other information you shared with us to customize our service to you and improve your experience. For example, we may recommend products or offers you may be interested in based on what you have liked in the past, or remind you that you have an "active" shopping cart waiting for you. Additionally, in order to provide certain services to you, we may on occasion supplement the Personal Information you submitted to us with information from third party sources. For example, we use the US Postal Service's national change of address database in order to verify customer mailing addresses. We purchase marketing data from, for example, Yankelovich, Inc. and Donnelley and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested, and to enrich our profiles of individual customers, we tie this information to the Personal Information that our customers have provided to us.

  2. Non-Personal Information. Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share Non-Personal Information, which does not personally identify you, with third parties, for any purpose. For example, we might tell our business partners that a certain percentage of our customers live in California, while a different percentage live in New Jersey. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographic location). If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.

3. Disclosures of Personal Information

  1. Third Party Service Providers. Berryflash shares Personal Information with carefully screened third-party service providers to provide you with the products, services and information you have requested. Examples of such third-party service providers are credit card authorization companies, merchandise distributors and shippers. Berryflash has instructed these service providers not to store, retain or access your Personal Information except to provide our services to you.

  2. Third Party Products and Services. Berryflash also may share Personal Information with third parties to allow such third parties to provide you with the products, services and information that you have requested. This could include, but is not limited to packages of discounts, rebates, and promotional offers, that are not Berryflash products, services or information. Such third parties from whom you have requested products, services and information will handle, store, retain, use, share and access Personal Information in accordance with the terms and conditions of their agreement(s) with you, as well as their own privacy policies, and may use your Personal Information for direct marketing purposes. It is your responsibility to carefully review such terms and conditions and privacy policies, and Berryflash disclaims any and all liability relating thereto.

  3. Third Party Communications. Berryflash also may share Personal Information with third parties for such third parties' direct marketing purposes. Such third parties to whom we transfer Personal Information for direct marketing purposes will handle, store, retain, use, share and access Personal Information in accordance with their own privacy policies. It is your responsibility to carefully review such terms and conditions and privacy policies, and Berryflash disclaims any and all liability relating thereto. If you would prefer that we do not share your Personal Information with such third parties for their direct marketing purposes, you may submit an opt-out request as described in Section 6 ("Opt-Out") below.

  4. Partnering with Amazon.com. Berryflash is Amazon.com's exclusive photo services provider. When you register with us through Amazon.com, Amazon.com will receive most of your Personal Information, though we do not provide credit card information to Amazon.com. Amazon.com will use such information in accordance with its own privacy policy located at http://www.amazon.com.

  5. Partnering with Sony Electronics, Inc. Sony Electronics, Inc. ("Sony") has selected Berryflash as a recommended online photo service for its customers. If you were referred to Berryflash through a Sony website, we may disclose your email address to Sony for Sony's direct marketing purposes. If you do not wish to have your email address shared with Sony for direct marketing purposes, you may submit an opt-out request as described in Section 6 ("Opt-Out") below.

  6. Forums. Through the Services, Berryflash may make available forums to which you are able to post information and materials. These forums may include, for example, user comment functionality, an online image share feature, our public gallery, user forums and blogs. Please note that any information you disclose through such services becomes public information, and may be available to users of the Services and to the general public. In addition, when you choose to make a posting on such services, certain Personal Information (for example, a user's name will appear next to a blog post or a user comment) will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, through the Services. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SERVICES.

  7. Law Enforcement; Emergencies; Compliance. Berryflash may disclose Personal Information in the following situations as we believe to be appropriate, even though you might have requested that we don't share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Berryflash, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information to law enforcement agencies and regulatory authorities to assist them in identifying individuals who have been or may be engaged in unlawful activities.

  8. Assignment. We reserve the right to transfer Personal Information to a new entity or third party as part of a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). We will notify you via email and/or prominent notice on our Web site if the third party's or new entity's treatment of Personal Information will materially differ from the treatment described in this Privacy Policy; this notice will be provided at least 30 days before such material changes take effect.

4. Protecting Your Pictures

Berryflash is designed to give you the ability to control who may view the pictures and any associated information stored in your Berryflash account. We seek not to make your pictures publicly accessible, except by your explicit action, or as otherwise noted in this Privacy Policy (including in Section 3 of this Privacy Policy). Please note that if you choose to post a link to your Berryflash pictures on your own or others' websites, or you share your pictures with your friends or family members and they post your share invitation on a website or forward to other individuals, these pictures may be accessible to others who view the email invitation or visit these websites. We have no control over, and are not responsible or liable for, the privacy of any pictures that you have shared with others.

In order to provide quality products, the Berryflash employees and third-party service providers fulfilling your order or providing Customer Support to you may see your pictures.

5. Updating Your Personal Information

Berryflash will make an effort to keep all your Personal Information up to date when you provide it to us. You can update your account information and change your password at any time. You will find this at 'Personal info/settings' on your personal My Berryflash page. If you have forgotten your password, you can set a new one by contacting our Customer Service team. If any of your Personal Information changes, or you identify a mistake in our records, please use the account profile page on the Berryflash website, or contact us using the link in Section 11 ("Contact Us") and we will update your data.

6. Opt-Out

You may unsubscribe to our notification services through your account profile on the Berryflash Web site. Simply go to the My Berryflash page and click on 'Personal info/settings,' then on 'Email preferences' or contact our Customer Service team. From time to time Berryflash may share Personal Information with affiliates or third parties to allow them to contact you regarding products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not share your Personal Information with affiliates and/or third parties for such affiliates' and/or third parties' direct marketing purposes, you may submit an opt-out request by going to the My Berryflash page and selecting the 'Personal info/settings' link and then clicking on 'Email preferences.' We will comply with your request as soon as reasonably practicable. Please note that we will not be able to remove your Personal Information from the databases of affiliates or third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from any such affiliates or third parties, please contact the affiliate or third party directly or use any opt-out mechanisms provided in its marketing-related e-mails or privacy policy.

7. Security

Berryflash seeks to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect Personal Information about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Services or that is stored by us. You acknowledge and agree that any information you transmit through the Services or upload for storage in connection with the Services is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 11 ("Contact Us") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

8. Protecting the Privacy of Children

Our Services are not intended for use by children under the age of 13 and are not directed at such children. We do not knowingly collect Personal Information from children under the age of 13. Please do not register at Berryflash if you are under the age of 13.

9. Third Party Sites

The Services may contain links to third party websites. These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by us. If you provide any Personal Information through any such third party website, your transaction will occur on such third party's website (not the Services) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

10. Changes and Notification

We reserve the right to modify our Privacy Policy at any time. If our Privacy Policy changes, the revised policy will be posted on the Site and we will change the 'Last Updated' date at the top of this page to reflect the date of the modification. Please check back periodically. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Services. Use of the Services following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

11. Contact Us

Please contact us to communicate any questions or concerns.

12. Jurisdictional Issues

The Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services, or any part of the Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services' availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.


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