Privacy Policy

When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:

• Contact details including your name, email address, billing address, shipping address and phone number.

• Payment information including transaction details, form of payment, payment confirmation, the last four digits of the payment card and the transaction amount and reference. Payments are processed by our payment provider and we do not collect or store full payment card numbers or financial account numbers.

• Order details including the items you view, add to your cart or purchase, your order history, and any returns, exchanges or cancellations.

• Product personalization details including your pet's name where you choose to add one to the artwork, and the style, background color, name color, size and framing you select.

• Photographs you upload including the images you provide in order to generate a portrait, and the artwork generated from them. Given the nature of this information, it is addressed separately at Photographs You Upload.

• Communications with us including the information you provide when you contact customer support or request changes to a portrait. Where you request changes, the message also includes a link to the relevant preview, the style selected and your pet's name, so that we can identify the order in question.

• Marketing information including your email address, whether you have consented to receive marketing communications, the date of that consent, and, where you ask us to save a portrait for later, your email address and the design you have saved.

• Device information including information about your device, browser and network connection, your IP address and other unique identifiers. We process IP addresses in order to limit the number of free previews generated from a single connection.

• Security information including the signals collected by Cloudflare Turnstile, which we use to distinguish genuine visitors from automated requests.

• Usage information including information regarding your interaction with the Services, how and when you navigate them, and, where you have consented, recordings of on-site activity such as clicks and scrolling.

• Review content including your name, the review you submit and any photographs you choose to include, which are published on the Services.

We may collect personal information from the following sources:

• Directly from you including when you visit or use the Services, upload a photograph, place an order, submit a review or communicate with us

• Automatically through the Services including from your device when you use the Services, and through the use of cookies and similar technologies, as described at Cookies and Similar Technologies;

• From our service providers including our store platform, payment provider, print fulfillment partner, email provider and reviews provider, when they collect or process your personal information on our behalf or confirm to us that a transaction, dispatch or delivery has taken place;

• From advertising and analytics providers, where you have consented to the relevant cookies, including aggregate reporting on the performance of our advertising;

• From another individual, where a person places an order to be delivered to you as a gift and provides your name and delivery address for that purpose.

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:

• Generating Your Portrait. We use the photograph you upload, together with the options you select, to generate a portrait preview. This involves sending the photograph to a third party artificial intelligence provider, which generates the artwork on our behalf. Where you complete a purchase, we use the approved artwork to produce a print-ready file at full resolution and, where applicable, to arrange printing and delivery. We do not use your photographs to train artificial intelligence models. Further detail is set out at Photographs You Upload.

• Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and the items you are interested in, to send notifications relating to your order, to process purchases, returns, exchanges or other transactions, to arrange for shipping and delivery of printed products, to deliver digital products by email, to enable you to post reviews, and to recommend products related to those you have viewed or purchased. This may include using your personal information to better tailor and improve the Services, including assessing the technical quality of the portraits we produce.

• Saved Portraits and Requested Changes. Where you ask us to save a portrait, we use your email address to send you a link so that you can return to it, and to send you a reminder before that link expires. Where you ask us to change a portrait before purchase, we use your email address and the details of your request to respond to you and to make those changes.

• Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, and to show you online advertisements for products or services on the Services or other websites, including based on items you have previously purchased or added to your cart and other activity on the Services. Where required by applicable law, we do so only with your consent, and you may withdraw that consent at any time.

• Reviews. Following delivery, we may invite you to leave a review of your purchase, and we publish reviews and any accompanying photographs you choose to submit.

• Security, Fraud Prevention and Preventing Misuse. We use your personal information to provide a secure payment and shopping experience, and to detect, investigate or take action regarding possible fraudulent, illegal, unsafe or malicious activity. Because each portrait we generate carries a cost to us, we also use your IP address and the signals collected by Cloudflare Turnstile to limit the number of free previews generated from a single connection and to distinguish genuine visitors from automated requests. Without these measures the Services could be used to generate portraits at our expense on an unlimited scale.

• Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.

• Legal Reasons. We use your personal information to comply with applicable law or to respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

If you are located in the United Kingdom or the European Economic Area, we are required to tell you the legal basis on which we process your personal information. Depending on the purpose, we rely on the following:

• Performance of a contract, or steps taken at your request before entering into one. Generating a portrait preview when you upload a photograph and select your options; processing your order and payment; producing the print file; arranging printing and delivery, or delivering a digital file; providing customer support in relation to your order; and dealing with returns, exchanges and cancellations.

• Consent. Sending you marketing emails; saving a portrait and emailing you a link so you can return to it; and setting non-essential cookies, including those used for advertising, analytics and recording on-site activity. Where we rely on consent, you can withdraw it at any time, and doing so does not affect the lawfulness of anything we did before you withdrew it.

• Our legitimate interests. Keeping the Services secure and preventing fraud and misuse, including limiting the number of free previews generated from a single connection and distinguishing genuine visitors from automated requests, since each portrait we generate carries a cost to us; understanding how the Services are used and improving them, including assessing the technical quality of the portraits we produce; inviting you to review a purchase; and establishing, exercising or defending legal claims. In each case we have considered whether our interests are overridden by your interests and rights, and we have concluded that they are not. You may object to processing based on our legitimate interests, as described at Your Rights and Choices.

• Compliance with a legal obligation. Retaining records of orders and payments for tax and accounting purposes, and responding to valid requests from law enforcement, regulators and courts.

Where we ask for personal information in order to perform our contract with you, providing it is optional but we will not be able to supply the product if you do not. A photograph is necessary in order to generate a portrait. Your pet's name is not, and a portrait can be produced without one.

Our portrait studio works by generating artwork from a photograph you provide. This section explains how we handle those photographs, the artwork produced from them, and the print files we produce for orders. It applies in addition to the rest of this Privacy Policy.

What we process. The photograph you upload; the artwork generated from it; the watermarked preview shown to you before purchase; and, where you place an order, the high resolution file prepared for printing or digital delivery. Photographs may also contain metadata recorded by your camera or phone, such as the date the photograph was taken and, in some cases, location information.

How the artwork is generated. When you request a preview, the photograph is transmitted to a third party artificial intelligence provider, which generates the artwork on our behalf and returns it to us. That provider acts on our instructions and under contract. Photographs and artwork are not used to train artificial intelligence models, and are not used for advertising.

Legal basis. We process photographs in order to perform our contract with you, or to take steps at your request before entering into one, since a photograph is necessary in order to produce the portrait you have asked for.

Who can see it. The photograph you upload and the unwatermarked artwork are held in private storage and are not published. The preview shown to you before purchase is watermarked and is served from a web address that is not published or indexed, but which is accessible to anyone who has the address, including anyone you choose to share it with. Where you place an order for a printed product, the print file is made available to our print fulfillment partner through a link that expires, rather than being published.

How long we keep it. Photographs are deleted within 30 days of upload. Preview images are deleted within 30 days. Where you place an order, the artwork and the print file are deleted 90 days after the order is placed. See Security and Retention of Your Information. Copies may persist briefly in backups, logs or provider systems as necessary to operate, secure and troubleshoot the Services.

What you are confirming when you upload. By uploading a photograph you confirm that you are entitled to provide it and to have it processed as described in this Privacy Policy. Photographs uploaded to the portrait studio should show your pet. You must not upload a photograph in which a child appears. Where a photograph includes any person, that person must be an adult who has consented. See Children's Data.

Deleting a photograph. You can ask us to delete a photograph, the artwork generated from it, or both, at any time, by contacting us using the details set out below. Where an order has been fulfilled we may need to keep a record of the transaction for legal and accounting purposes, but that does not require us to keep the photograph or the artwork.

Where it is processed. Our portrait studio, the storage used for photographs and artwork, and the artificial intelligence provider that generates the artwork operate in a number of countries, including outside the United Kingdom. See International Transfers.

Photographs you submit with a review are handled differently: those are published on the Services. See Third Party Websites and Links.

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 service providers who perform services on our behalf, including ecommerce and website hosting, payment processing, cloud hosting and storage, artificial intelligence services used to generate portrait artwork, print production and shipping, email delivery and marketing, customer reviews, bot protection and security, and data analytics. These providers may process your personal information only on our instructions and under contract, and may not use it for their own purposes.

• With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites, and we use Meta (Facebook and Instagram) to deliver and measure advertising. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you in order to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise those rights here.

• With analytics providers, where you have consented to the relevant cookies, in order to understand how the Services are used and to identify where they can be improved.

• When you direct, request or otherwise consent to our disclosure of certain information to third parties, such as to ship products to you or to a recipient you nominate, or through your use of social media widgets or login integrations.

• In connection with a business transaction such as a merger, acquisition 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 or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

We do not sell your personal information for money. Where you accept non-essential cookies, personal information may be shared with advertising and analytics providers in a manner that may constitute "sharing" or "targeted advertising" under certain United States state privacy laws. You can withdraw that consent at any time using our cookie controls.

Our store is hosted by Shopify, which collects and processes personal information about your access to and use of the store in order to provide and improve it for you. Information you submit to the store will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide and improve the store for you. In these circumstances, Shopify is responsible for its own processing of your personal information, including for responding to any requests you make to exercise your rights in relation to that processing.

Our portrait studio is not hosted by Shopify. Photographs you upload, and the artwork generated from them, are processed on infrastructure we operate separately and are not transmitted to Shopify. See Photographs You Upload.

To learn more about how Shopify uses your personal information and any rights you may have, see the Shopify Consumer Privacy Policy. Depending on where you live, you may exercise certain rights with respect to your personal information through the Shopify Privacy Portal.

The Services may provide links to websites or other online platforms operated by third parties. 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. 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.

Reviews and photographs you submit are published on the Services and may be visible to anyone who visits them.

You must not upload a photograph in which a child appears. Photographs uploaded to our portrait studio should show your pet. Where a photograph you upload includes any person, that person must be an adult who has consented, and you must be entitled to provide the photograph and to have it processed as described in this Privacy Policy. If we become aware that a photograph contains a child, we will delete it and any artwork generated from it, and we may cancel the related order. Portraits that include people are available through our hand-drawn range, which is produced by an artist rather than through the portrait studio, and different arrangements apply.

We take reasonable measures to protect your personal information. Information is transmitted to and from the Services over encrypted connections. Photographs you upload and the artwork generated from them are held in private storage that is not publicly accessible. Where artwork is sent to our print partner, it is provided through a signed link that expires, rather than being made publicly available. Preview images shown before purchase are watermarked, and the unwatermarked artwork is not published.

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.

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

• Photographs and artwork where no order is placed. Deleted within 30 days.

• Photographs, artwork and print files where an order is placed. Deleted 90 days after the order is placed.
• Saved portraits. Where you ask us to save a portrait, the saved design and your email address are held for 3 days, after which they are deleted automatically. Your marketing consent, if given, continues until you withdraw it.
• Requested changes. The details of your request and the related preview are retained for as long as needed to deal with it, and the correspondence is kept with our normal customer service records.
• Order records. Retained for 7 years, as required for tax and accounting purposes.
• Marketing. Retained until you unsubscribe. We keep a minimal record of your withdrawal so that we do not contact you again.
• Customer service correspondence. Retained for 2 years.
• Reviews. Published until you ask us to remove them.
• Preview limits. The counters we use to limit free previews reset daily.

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.
• Right to Delete. You may have a right to request that we delete personal information we maintain about you.
• Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
• Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
• Photographs, portraits and content you have submitted. You may ask us at any time to delete a photograph you have uploaded, the artwork generated from it, or a review you have submitted, and we will do so. Photographs and artwork are in any event deleted automatically within the periods set out at Security and Retention of Your Information. Where an order has been fulfilled, we may need to retain a limited record of the transaction for legal and accounting purposes, but this does not require us to keep the photograph or the artwork.
• Right to Opt out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of 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. You can exercise your rights to opt out of those uses here. Please note that if you visit our website 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 for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.
• 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 orders that you have made.

If you reside in the UK or European Economic Area, and subject to exceptions and limitations provided by local law, you may exercise the following rights in addition to the rights outlined above:

• Objection to Processing and Restriction of Processing. You may have the right to ask us to stop or restrict our processing of personal information for certain purposes.
• Withdrawal of Consent. Where we rely on consent to process your personal information, you have the right to withdraw this consent. If you withdraw your consent, this will not affect the lawfulness of any processing based on your consent before its withdrawal.

Although portraits are generated automatically, we do not make decisions about you by automated means that produce legal effects concerning you or similarly significantly affect you.

You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.

We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. You can use our portrait studio without creating an account, and where we hold no account or order in your name we may be unable to connect a request to any information we hold unless you provide us with the email address you used or a link to the portrait in question. 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 within one month. Where a request is complex or where we receive a number of requests from you, we may extend that period by up to two further months and will tell you if we do.

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities here.

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

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 this website, update the "Last updated" date and provide notice as required by applicable law.

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, please email us at privacy@pawfectpicture.com.

Pawfect Picture is a trading name of MAS Collective Ltd, a company registered in England and Wales under company number 17119552. For the purpose of applicable data protection laws, MAS Collective Ltd is the data controller of your personal information.