This policy covers foto38's use of personal information that we collect when you use foto38.

Information Collection and Use

We collect personal information from you only when you choose to share it with us; that is, when you make use of services available on the Web site. These services include bi-monthly e-mail updates, comment forms, photographer user accounts, and online sales.

We collect personal information from you as follows:

· When you sign up for bi-monthly e-mail updates or wish to e-mail a gallery page to a friend, we ask for your name, location and e-mail address.

· When you wish to submit a comment in one of the Web site's feedback areas, we ask for your name, location and e-mail address. Please refer to the terms & conditions 'General Use' section 'Contributing comments to the Web site' for further details.

· When you initiate a user account in order to bookmark and/or purchase photos, we ask for your e-mail address (which serves as a user name) and a password. This allows you to bookmark and purchase photos as well as to access your bookmarks and purchase pages.

· When you initiate a photographer subscription, we ask for your e-mail address (which serves as a user name) and a password; this allows you to access the foto38 database and your account information. We also ask for your name and mailing address. If you elect to pay by credit card or money transfer, a third-party service will manage your financial transactions.

· When you place an online purchase order, we ask for your name, mailing address, and have at that point already asked for (and received) your e-mail address. If you elect to pay by credit card or money transfer, a third-party service will manage your financial transactions.

· When you submit a bid for sponsor-a-link advertising, we ask your name, e-mail address and the URL of the Web site you wish to advertise. If yours is the top bid and your ad is accepted, and you elect to pay by credit card or money transfer, a third-party service will manage your financial transactions.

By entering your details in the fields requested, you enable foto38 and its service providers to provide you with the services you select.

We will hold your personal information on our systems indefinitely or, in the case of foto38 membership, until your registration as a foto38 member is concluded. As a registered user (meaning you have created a user account), you may also request that your account be terminated at any time; when you do so, we will promptly delete your personal information from our records.

If you submit feedback to the site, please observe that we will store in our database the information you provide (name, location and e-mail address) for the indefinite period that your comments appear on the Web site. We will not, however, include your e-mail address in promotional mailings, unless you have also created a user account.

We will disclose your personal information to our service providers in the event that you request, and pay for, a service which they provide. Our service providers include the photo processing labs and frame manufacturers/retailers whom we contract with, and the shipping entities with whom they contract. The information we disclose to these providers will be limited to your name and mailing address. These providers have no right to use your information for secondary purposes; they are prohibited from using your personally identifiable information for any other purpose than administering your service request.

Unless specifically labeled otherwise, any feedback you provide at this Web site (via comment forms, e-mails) shall be deemed non-confidential. foto38 will have no obligation to protect such information.

If you are aged 16 or under, please get your parent or guardian's permission prior to providing personal information to foto38. Users without this consent are not allowed to provide foto38 with personal information.

Information sharing

When you supply any personal information to foto38, we comply with legal obligations in the way we use the data. Except as required by law, foto38 will maintain the confidentiality of all personal information transmitted to it by the user.

Our service providers notwithstanding, we will not release to any third party any personal information you disclose, except in the good-faith belief that such action is necessary to: (1) comply with the law or with legal process, subpoenas or court orders served on foto38, (2) protect and defend the rights of foto38, (3) facilitate efforts to investigate, prevent or take action regarding suspected illegal activities, actual fraud, potential threats to the physical safety of any person, violations of our terms & conditions, or as otherwise required by the law. foto38 also reserves the right to transfer personal information about you if foto38 is acquired by or merged with another company. In this event, we will notify you if information about you is transferred and becomes subject to a different privacy policy.

Promotional e-mails and opting out

foto38 may from time to time communicate with registered users* via e-mail regarding our products, promotions and services, or those of our service providers that we feel may be of interest to you, as follows:

· Only foto38 will send you these communications.

· If you do not want to receive such information, simply notify us by opting-out of future correspondence. We will provide you clear instructions on how to opt-out in the welcome e-mail we send you and in subsequent correspondence you may receive.

* Registered users do not include users who have provided a name and e-mail address for the sole purpose of submitting feedback/comments, e-mailing to a friend a site page or pages, or submitting a bid for sponsor-a-link advertising.

Third-party Web sites

Web sites we link to, including but not limited to the sites of our service providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites and encourage you to become acquainted with those policies.

Confidentiality and Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100 percent secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Changes to this Privacy Policy

foto38 reserves the right to modify this privacy policy at any time as it sees fit. Any change is effective immediately upon posting on this page. Please review this privacy policy regularly to ensure that you are aware of changes. Your continued use of the Web site after changes are posted will mean that you accept the foto38 privacy policy as updated and/or amended. In the event foto38 materially changes the way it collects or uses personally identifiable information, we will notify users via e-mail or by posting a notice on our Web site for 30 days in advance of the change.

Access to your personal information

You have the right to request a copy of the personal information foto38 holds about you and to have any inaccuracies corrected. (We charge $5 for information requests.) Please address requests to:

Foto 38
1615 W. Summerdale Avenue
Chicago, IL 60640

e-mail: dataprotection@foto38.com

Questions and comments

We welcome your input. You can either e-mail us:
contact@foto38.com

or write us a letter:
Foto 38
1615 W. Summerdale Avenue
Chicago, IL 60640