Privacy Policy

We, at ClutterFly (hereinafter “ClutterFly”/“we”) recognize that privacy is significant. We provide this Privacy Policy to inform users of the ClutterFly application (the "Application" or "Applications"), about the related services we provide ("Services") and the site about our policies and procedures regarding the collection, use and disclosure of information.

Personal Data We Collect
We collect personal data from a variety of sources, including directly from you, information generated during our relationship with you, and information from other sources such as public databases and third-party services. This personal data may include information that can be used to identify you. We may also be required to collect certain personal data from you by law or as a part of our contractual relationship. If you do not provide this information, it may prevent us from fulfilling our obligations. When we collect your personal data, we will inform you if certain data is required and the consequences of not providing it.

Types of Data Collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Photos, Videos, Device ID, Location and Contact Information. ClutterFly may collect, create, and/or receive the information listed below.

  • Contact information: Namely an email address or phone number. This information may be required in order for us to enter into an agreement with you, provide you with our services, and communicate with you.
  • Location information: This is the geographical region in which you interact with our Site and/or Product using your computer and mobile devices. This information may be required to ascertain your general geographic location, to comply with any data protection regulations, and to offer you with tailored, localized, and personalized content.
  • Device ID: These include data from your computer or mobile device, such as the sort of hardware and software you're using (such as your operating system and browser type), as well as unique device IDs for ClutterFly-enabled devices. This is required in order to offer you with the best experience possible, to assure compatibility, and to update our Services.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences of the availability or the functioning of the Service.
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

Device Permissions for Personal Data Access
Depending on the User's specific device, this Application may request certain permissions that allow it to access the User's device Data, as described below.
By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document.
The exact procedure for controlling app permissions may be dependent on the User's device and software.
Please note that the revoking of such permissions might impact the proper functioning of this Application.
If the User grants any of the permissions listed below, the respective Personal Data may be processed (i.e. accessed, modified or removed) by this Application.
Device ID Access/Collection Permission:
ClutterFly will access your "Device" to improve functionality.
Camera Roll Access/Collection Permission:
ClutterFly will access your "Camera Roll" to identify duplicate and similar media.
Photo Library Access/Collection Permission:
ClutterFly will access your "Photo Library" to remove duplicate, blurry & similar media.
How We Use Your Personal Data and The Basis of Usage
We have to have your explicit consent to share your Personal Data. The user data accessed by the permissions is used to identify and remove duplicate, similar and blurry media. User data is not uploaded on our server at any time.
User’s Have the Right to Know Whether Their Personal Data is Sold
We may use your personal data for the following purposes:
Identification and authentication: To verify your identity, create a profile for you, and ensure the security of your personal data when you register with us, access and use our services, or otherwise engage with us. This is necessary to provide the requested service.
Contractual obligations: To fulfill our contractual obligations to you under our terms and conditions of use, or to take steps at your request prior to entering into such a contract.
Service operations: To provide the services you request, such as connecting you with other users. We may also use information about the other apps you have installed to provide the app's core functionality.
Service improvements: To analyze usage information, including site analytics, to continually improve the user experience.
Communications: To provide information about changes to the terms and conditions, updates regarding our services, or responses to questions you pose.
Advertising and marketing: To build a profile about you, understand your preferences, and determine which marketing materials would be of interest to you. Where required by law, we will obtain your consent before sending such marketing materials.
Exercising our rights: To exercise our legal rights where it is necessary to do so, for example to detect, prevent, and respond to intellectual property infringement claims or violations of law.
Complying with our obligations: To carry out fraud prevention checks or comply with other legal or regulatory requirements when required by law. Customizing your experience: To improve your experience of the services, such as by providing interactive or personalized elements on the services and providing you with content based on your interests.
We must have a legal basis to process your personal data as specified under applicable laws. In most cases, the legal basis will be one of the following:

  • Your consent, as outlined in this notice.
  • To fulfill our contractual obligations to you, such as providing the services you request.
  • To comply with our legal obligations, such as obtaining proof of your identity to meet fraud prevention and anti-money laundering obligations.
  • Where permitted under applicable laws, to meet our legitimate interests, such as understanding how you use our services, developing new services, ensuring the stability and security of our services, preventing crime, fraud, and misuse of our services, providing non-personalized advertising, and improving user experience. When we process personal data to meet our legitimate interests, we put in place robust safeguards to protect your privacy.
  • As required by law, such as obtaining your consent for direct marketing activities. You may withdraw your consent at any time by contacting us using the details provided at the end of this notice.
  • As otherwise permitted under applicable laws.

How and When We Share Your Personal Data
We may share your personal data as follows:

  • With service providers and other third parties that perform marketing services and support our other business operations. These service providers may include cloud service providers, advertising agencies, and fraud prevention agencies, which will use your personal data only as described in this notice.
  • With advertisers and third-party measurement companies to show how many users of the app have clicked on an advertisement.
  • With our affiliate companies, joint venture partners, and other partners or collaborators for the purposes of processing, analyzing, or storing your information or otherwise as needed to provide the services to you or achieve other purposes for which we collect information, in each case, consistent with the terms of this notice.
  • With law enforcement agencies, courts, other government authorities (whether in your jurisdiction or abroad) or other third parties where we or any of our affiliates believe it is necessary to comply with a legal or regulatory obligation or otherwise to protect our rights or the rights of any third party.
  • With potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell or transfer all or a portion of our assets or business. If such a sale or transfer occurs, we will use reasonable efforts to obligate the entity to which we transfer your personal data to use it in a manner consistent with this notice.

Users Have the Right to Know Whether Their Personal Data is Sold
We believe that our users have the right to know whether their personal data is being sold or shared with third parties. We are committed to being transparent about our data collection and usage practices and to giving our users control over their personal data. We will always clearly disclose any instances in which we sell or share user data with third parties, and we will provide our users with the ability to opt out of such data sharing if they so choose. We are committed to protecting the privacy of our users and to only using their personal data in ways that align with their expectations and preferences.

Users Have the Right to Opt-Out of the Sharing and Selling of Their Data
As a company that values the privacy of its users, we believe that everyone has the right to opt-out of allowing the sale of their personal data. We understand that personal data is just that - personal - and it is important for users to have control over how their information is used and shared. That is why we offer all of our users the option to opt-out of allowing the sale of their personal data. This means that if you do not want your personal data to be sold to third parties, you have the right to request that we do not do so. Simply contact us through the appropriate channels and we will ensure that your personal data is not sold. We are committed to respecting the privacy of our users and giving them the control they deserve.

International Data Processing and Transfer
Your personal data may be transferred, stored, and processed outside your jurisdiction, including in countries that may not have data protection laws that provide the same level of protection as your home country. This may include the United States and Hong Kong, if you are an EU or UK-based user of the services.
We have implemented appropriate safeguards, such as contractual commitments, to protect your personal data in accordance with legal requirements. If you would like more information about these safeguards or to obtain a copy of them, please contact us at the contact information provided below.

Retention Time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Users Have the Right to Know Whether Their Personal Data is Shared with Third-Parties
ClutterFly does not share your Personal Data/personally identifiable information with third parties. Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:

  • Withdraw their consent at any time: Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data: Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data: Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification: Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data: Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed: Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller: Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint: Users have the right to bring a claim before their competent data protection authority.

Details about the Right to Object to Processing
Where Personal Data is processed for a public interest, in the exercise of official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to Exercise these Rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Reference Rights Under the CCPA
The California Consumer Privacy Act (CCPA) gives California residents certain rights regarding their personal information. As a user of our services, you have the right to:

  • Know what personal information we collect, use, and disclose about you.
  • Request that we delete any personal information we have collected about you.
  • Opt-out of the sale of your personal information.
  • Non-discrimination for the exercise of your CCPA rights.

Reference Rights Under the GDPR for Users in UK
The General Data Protection Regulation (GDPR) gives individuals in the European Union certain rights regarding their personal information. As a user of our services, you have the right to:

  • Access your personal information and receive a copy of it.
  • Request that we rectify any inaccurate or incomplete personal information we have about you.
  • Request that we delete your personal information.
  • Object to the processing of your personal information for certain purposes.
  • Request that we restrict the processing of your personal information in certain circumstances.

Reference Rights Under the VCDPA for Users in Virginia
The Virginia Consumer Data Protection Act (VCDPA) gives Virginia residents certain rights regarding their personal information. As a user of our services, you have the right to:

  • Know what personal information we collect, use, and disclose about you.
  • Request that we delete any personal information we have collected about you.
  • Opt-out of the sale of your personal information.

Reference Rights under the LGPD for Users in Brazil
The Brazilian General Data Protection Law (LGPD) gives individuals in Brazil certain rights regarding their personal information. As a user of our services, you have the right to:

  • Access your personal information and receive a copy of it.
  • Request that we rectify any inaccurate or incomplete personal information we have about you.
  • Request that we delete your personal information.
  • Object to the processing of your personal information for certain purposes.
  • Request that we restrict the processing of your personal information in certain circumstances.
To exercise these rights, please contact us at support@clutterflyapp.com. We will verify your identity before fulfilling your request.

Changes to this Privacy Policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Contact Information of Our DPO
Name: Aomata Data Dept
Email: dataprotection@clutterflyapp.com