Privacy Policy

Date of Last Revision: Oct 2, 2024

Welcome To Mixbook’s Privacy Policy. Mixbook Respects Your Privacy And We Are Committed To Protecting Your Personal Data.

We at Interactive Memories, Inc., more commonly known as “Mixbook” (also referred to as “We / Us / Our”) are committed to respecting your privacy and to the security of your personal data as customers, individuals who visit our websites or otherwise do business with us. This Privacy Policy explains the data we collect from you, how the data is used and with whom it is shared as well as your rights to control that information. Mixbook’s Privacy Policy applies when you use our Services, which are described below and to our Terms of Service that can be viewed on the Terms of Service page.

Before using the Service or submitting any personal data to Mixbook, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

Our privacy policy is designed to help you:

• Understand what information we collect and how we collect, share, and use the information; and
• Make informed decisions when using the Services provided by Mixbook through its website located at www.mixbook.com (the “Site”), mobile application (the “App”), and related services (collectively, such services, including any new features and the Site and the App, are defined as the “Service(s)”).

Sources of Personal Data We Collect

When you visit or use the Service, we collect personal data directly from you, from third parties and automatically through our Service.

Categories of Personal Data We Collect

Identification Data

When you sign up for our Service, we collect your name, email address, and encrypted password. If you log in using a 3rd party service (e.g. Facebook) we store your identifier for that service.

At your request, we collect the email addresses of other people you wish to share your projects with.

Communication Data

We collect and access your personal data when you reach out to our customer support team for help via email, chat, or phone.

User Content

We collect your photos, drawings, text, event dates, addresses, favorite themes, and project designs in the course of your uploading of photos and creating your projects. We also collect metadata indicating the date your photos were taken.

Demographic Data

Through optional surveys, we may collect demographic information about you, such as your age and income ranges. Through the events you create we may also collect your birthdate.

Internet Activity Data

We collect the date you created your account, the dates you’ve logged into your account, and the dates you logged out or your session automatically expired.

When you visit our Site, we collect your IP address and information about your web browser. We may also collect your browser brand, version, operating system, and plugins in order to optimize your experience.

We use 3rd party Services (e.g. Google Analytics) that collect your IP address, information about your web browser you are using to access our Services, and details of what and when you’ve interacted with our Services and marketing promotions.

If you have Javascript disabled, we warn you that the site won’t work properly until you enable Javascript.

When you use the App, we may collect your location (with your authorization through your mobile OS) as well as information about your device and how you interact with the App.

Location Data

We derive a rough estimate of your location based on your IP address.

Photo Data

What We Collect

Uploading images to our service or granting us access to photos on your device may include the transfer of associated data. This can encompass details like the approximate location and time the photo was taken, as well as other technical information recorded by your camera or smartphone. This additional data, often referred to as "metadata," is typically embedded in digital images. If you're concerned about sharing this type of information, you can usually modify your device's settings to limit the metadata stored with your photos.

System Utilization

Our systems may examine the content of your images and their associated information to assist you in several ways. This includes aiding in photo organization and tagging, as well as crafting customized products. We might also use this analysis to offer personalized recommendations, such as demonstrating how your images could be arranged in various layouts or incorporated into different product offerings. Additionally, we may leverage details from your projects to provide timely reminders or suggestions, particularly for occasions like birthdays or anniversaries that you've noted.

Image Recognition and Automated Layout Features.

Our platform may employ image recognition technology to identify similarities in faces, locations, and other visual elements across your uploaded photos, provided you've enabled this functionality. This system creates a unique digital signature for detected faces, allowing for automatic grouping of similar images. We utilize this capability to enhance your photo organization, simplify tagging, and facilitate the creation of personalized products. It also helps us offer relevant product recommendations.

It's important to note that we don't cross-reference faces between different users' photos or attempt to identify individuals. This data is neither sold nor shared with external parties. We only suggest tags based on groupings you've personally created.

To limit the collection of metadata in your personal photos, modify the settings on your camera or smartphone.

Auto-generated Captions.

Mixbook offers Auto-generated captions to improve user experience and automate the photo captioning process. User photos are never shared with third parties and Mixbook employs a method of using descriptive abstraction to keep user photos from being shared to 3rd parties. In addition to the generated description, Mixbook uses the following info from the photo for AI features:

• Geo-location (inferred or supplied in the EXIF data of the image)
• Any and all EXIF data that comes with the photo.

User Text

Features like “Rewrite” transform user-generated text in photo books into styles such as punchy or lyrical using AI. Mixbook employs the use of customized filters to prevent personally identifiable information (PII) from being sent to AI systems. Any Auto-generated Captions or text generated using OpenAI’s ChatGPT includes robust safety measures to mitigate the risk of generating insensitive content.

For Illinois residents, we automatically delete facial recognition data after three years of account inactivity.

By using this feature, you're confirming that you've secured permission from the individuals in your photos (or their parents/guardians for those under 18) to use this technology.

Mixbook Movies

Mixbook Movies are not complete files, but instead, are secure streams of content that can be purchased, accessed, and optionally shared by you (the content owner) to intended recipients that you designate. Mixbook movies are never indexed by any third-party search engines and the MovieURL/addresses are never published programmatically to anyone except for the intended recipient. Your election to share any of your Mixbook Movies is permitted by your acceptance of our Terms of Service. Should you wish to have a Mixbook Movie that you have created to be removed, you may do so by contacting support@mixbook.com.

Financial Data

We collect credit card information, billing address, shipping address, shipping speed, and item quantity when you place an order.

Mixbook does not store full credit card data. If you elect to associate a payment method with your account, that payment method will be stored by a payment service provider under contract with us. The storing payment service provider will be required to comply with the Payment Card Industry Data Security Standard (PCI DSS).

Transaction Data

We store a record of the transactions you enter into with us, including which products you purchase.

Customer Feedback

We collect feedback from our customers via email, chat, web forms, and physical mail.

Cookies

We use web browser cookies and other tracking methods to uniquely identify your browser session. We use your unique cookie before you are logged in to track and improve our Services and marketing campaigns. Once you are logged in, we use browser cookies to keep you logged in.

The third party tracking tools we use also use cookies to uniquely identify your browser session, which is necessary for the tools to work. The use of cookies by our partners is not covered by this Privacy Policy and is subject to their own privacy policies.

Please note that if you access the Site through the App, tracking technologies will be disabled for that visit. For more information about how we use cookies, please visit our Cookie Policy.

How We Use Your Personal Data:

We may use personal data to fulfill our contract with you, including to:

• Allow you to create and edit custom photo projects.
• Charge you for the products you ordered, manufacture them, and ship them.
• Send invitations to view and edit your projects.
• Detect and fix issues before your order is manufactured.
• Download photos (when you request it) from 3rd party social media integrations (e.g. Google Photos). Such 3rd party sites may have information practices different than those set forth herein and their use of your personal data as well as cookies and similar technologies is not covered by this Privacy Policy.
• Verify that the person trying to login is you and not someone else.

We also use personal data as necessary for the following legitimate business interests:

• Understand how you are using our Services.
• Improve our Services.
• Measure and improve our marketing campaigns.
• Personalize our communication with you.
• Approximate your location: We use your location to select a default localized experience for you to show local currency, prices, promotional offers, language, date format, shipping options, ship time estimates, and holiday lists in calendars. You may choose a different localized experience within your account settings.
• Communicate with you as well as send you updates, surveys and communications about your activity on our Service such as order confirmation and shipping emails.
• Improve security.
• Troubleshoot and fix problems you may be experiencing, to improve the Site experience and for legal and security compliance purposes.
• Display thumbnails to you on the site (e.g. in the shopping cart).

Customize special offers.

With your consent (where required by law), we use personal data to send you offers for products or services that may be of interest to you. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

Sharing and Disclosure of Your Personal Data

We do not sell your personal data. In certain circumstances we may share the categories of personal data described above with the following categories of third parties without further notice to you, unless required by the law, as set forth below:

Service Providers

We provide personal data to service providers to perform services on our behalf, such as to host the Service at a co-location facility for servers, to send out email updates about Mixbook or the Service, to process payments for products or Services, to print the projects that you order, or to provide search results, personalized advertising or links. In connection with these offerings and business operations, our service providers may have access to your personal data for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal data, we implement reasonable contractual and technical protections limiting the use of that data to Mixbook-specified purposes and imposing at least the same protections that we apply to your personal data.

For example: when you place an order for a printed copy of a project through the Service, your billing information is transmitted to a third-party credit card processor and your shipping information is transmitted to a third-party printer to be printed, bound, and shipped to you. In addition, if you elect to permit your credit card or other billing information to be saved, that information will be stored by such third-party credit card processor for the purpose of completing any future purchases you make in connection with the Service. We will also share your photos, name, and address with our printing and carrier services for purposes of production and delivery.

Marketing

We share data with third parties in connection with advertising, retargeting and analytics on behalf of Mixbook. Under no circumstances do we rent, trade or share your address or e-mail address with any other company for their marketing purposes without your consent.

Legally Required

We may be required to disclose user information pursuant to lawful requests, such as subpoenas, law enforcement investigations, or court orders, or in compliance with applicable laws. We also may release information to protect our rights, property, or other interests, including those of our customers or other third parties or to prevent illegal activities or violations of the Mixbook Terms of Service. This may include sharing information with other companies, lawyers, agents, or government agencies.

Business Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your personal data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate after the Transaction.

Links

The Service may contain links to web sites not operated or controlled by Mixbook. We are not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave the Service to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected via the Service.

Data Retention

We will only keep your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Identification, Financial, and Transaction Data) for six years after they stop being customers for tax purposes.

You may come back at any time in the future and re-order products you have ordered from us in the past or utilize photos and other content you have uploaded to the service to create and order additional products (“Product Data”). You can however delete any such Product Data we retain in order to facilitate the repeat order process by sending us an email at privacy@mixbook.com.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Children’s Information

Mixbook is not intended to be used by children, and we do not knowingly collect personally identifiable information from children under 13.

You must be at least 13 years or older to register and use the Service. If you are under the age of 13, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Service.

In the event that we learn that we have collected personal data from a child under age 13, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal data, please contact us.

We recommend that minors over the age of 13 ask their parents before sending any information about themselves to anyone over the internet.

Security

Mixbook takes precautions to protect our users’ personal data. Your account information is located on a secured server behind a firewall, and we utilize other physical, electronic and procedural safeguards to protect the security and confidentiality of the information we have collected and to prevent the unauthorized access to or disclosure of your information.

However, no precautions are 100% effective. As a result, Mixbook does not guarantee that personal data you provide to us will remain secure. In the event we become aware that the security of the sites has been compromised or users' personal data has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with data protection and law enforcement authorities.

Email and instant messaging including chat are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of the Site, please contact us at privacy@mixbook.com.

Correcting Errors In Personal Data

To correct errors in your personal data through the settings menu on the Services. If there’s any data you want to correct that you cannot update through settings, please email support@mixbook.com and we are happy to make the update for you.

California Privacy Rights Disclosures

Where provided for by law and subject to any applicable exceptions, California residents may have the following rights under the California Consumer Privacy Act of 2018 (“CCPA”):

• To know the categories of personal data that Mixbook has collected about you, the business purpose for collecting your Personal Data, and the categories of sources from which the personal data was collected;
• To access the specific pieces of personal data that Mixbook has collected about you;
• To know whether Mixbook has disclosed your personal data for business purposes, the categories of personal data so disclosed, and the categories of third parties to whom we have disclosed your personal data;
• To have Mixbook, under certain circumstances, delete your personal data; and
• To be free from discrimination related to the exercise of these CCPA rights.

If you would like to exercise any or all of these rights, you may do so by contacting us. Your authorized agent may submit requests in the same manner. Once we receive your request, we will verify your identity by sending an email to the email address you provide to us.

Please contact us if you have questions about your rights or our disclosures under the CCPA, or to request access to an alternative format of this Privacy Policy.

EU and UK Citizens

Legal Basis For Processing Personal data (European Economic Area)

This Privacy Policy (the paragraph “How We Use Personal Data”) describes the legal bases we rely on for the processing of your Personal Data. Please contact us if you have any questions about the specific legal basis we are relying on to process your Personal Data.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Your Rights

Pursuant to the European Union General Data Protection Regulation (or GDPR), you have the following rights in relation to your Personal Data, under certain circumstances:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:

• If we are relying on a legitimate interest to process your Personal Data—unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims;
• If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);

Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns (in the UK, the Information Commissioner’s Office (ICO), who can be contacted at https://ico.org.uk/concerns, and in other EU countries the data protection authority of the country in which you are located).

Transferring Your Data

Mixbook is based in the United States. If you are accessing our Service from the EU or other regions with laws governing data collection and use, please note that your personal data will be transferred to and stored in the United States as necessary for the purposes described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.

Updates To Our Privacy Policy

We will post any updates and/or changes to our Privacy Policy by posting any changes on the Service with all changes taking effect immediately upon their posting. If we make changes, we will indicate at the top of the page the policy effective date. If we materially change the treatment of your personal data, we will work to provide you reasonable notice of such changes through our Service, by email or other communication.

We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Your use of the Service after any changes to the Privacy Policy constitutes your acceptance of the new Privacy Policy.

Contacting Mixbook

If you have any questions about this Privacy Policy, please contact us at privacy@mixbook.com. You may also contact us by mail at 2000 Broadway St., Redwood City, CA 94063.

If you are an individual in the EU, UK, Iceland, Norway or Switzerland, you can also contact DataRep, our Data Protection Representative, by emailing mixbook@datarep.com or writing to DataRep, DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland (referencing “Mixbook” or “Interactive Memories” in the body of the correspondence).