Privacy policy

Terms and Conditions
General Terms
These terms and conditions govern your use of
and our
services. Your use of
these services constitutes acceptance of these Terms and Conditions and creates a binding legal
agreement, so please read them carefully. If you
have an
you are
governed by the
Terms and Conditio
Please also note, you must be 1
years or older to use
Our Guarantee
If you are not com
pletely sa
tisfied with your order due to a mistake we made or because your
product arrived dam
aged, you may
request a refund by email
ing as at info
and sending us a picture of the damaged
product and packaging
. Subject to applicable law, we
will not refund any amounts if your dissatisfaction with
any product
due to a mistake on your
part or simply because you have changed your mind
Please keep in mind,
poor image quality results
from inadequate resolution or improper exposure. We cannot be responsible for poor image quality resulting from
inadequate resolution or improper exposure. Please know that digital files do not have a wide lati
tude for
adjustment. In addition, please preview your images to ensure that all customizable features are to your liking before
placing your order. These features include spelling, grammar, positioning of text, orientation/cropping of images and
other serv
ices such as paper choice and finish options.
Our Turnaround
Our remarkably fast turnaround is the result of a large production capability and an extremely
efficient workflow.
While we can control ou
r production turn around times,
we cannot
guarantee the deliver
y time for orders
Your credit card is authorized and charged at the time your order is placed.
accepts Visa and
MasterCard, American Express or Discover
Your Conduct
You must have the legal right to all of the images you up
load, share or copy
on im
Images provided to you by professional photographers, without license and release granted by
the photographer, or made available through websites, magazines, books or other resources are
protected by copyrig
ht laws and should not be uploaded or shared in any fashion.
for more details)
The following actions will constitute grounds for blocking access to
removal of posted material and non
fulfillment of your order (or any part of your order).

Privacy Policy

American Color Imaging (ACI) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1) Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

  • "Account" means an account required to access and/or use certain areas and features of our Site.
  • "Cookie" means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site.

2) Information about American Color Imaging

  • Our Site is owned and operated by American Color Imaging Inc
  • Registered address: 715  East 18thStreet Cedar Falls, Iowa 50613

3) What Does This Policy Cover?

This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4) What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5) What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact Us to find out more or to ask any questions using the details in Part 15.
  2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  8. Rights relating to automated decision-making and profiling. We do not use your personal data in this way. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

6) What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name;
  • Address;
  • Email address;
  • Telephone number;
  • Business name;
  • Payment information;
  • IP address;
  • Web browser type and version;
  • Operating system;
  • A list of URLs starting with a referring site, your activity on our site, and the site you exit to;
  • Information about your preferences and interests

7) How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

  • Providing and managing your Account.
  • Providing and managing your access to our Site.
  • Personalizing and tailoring your experience on our Site.
  • Supplying our products and services to you. Your personal details are required in order for us to enter into a contract with you.
  • Personalizing and tailoring our products and services for you.
  • Communicating with you. This may include responding to emails, calls, and/or chat messages from you.
  • Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time by clicking the unsubscribe link at the bottom of our emails).
  • Analyzing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience.

We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Third Parties whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

8) How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • We retain your account information until you tell us you want your account deleted, with the exception of information we are required to keep in order to comply with our legal obligations.

9) How and Where Do You Store or Transfer My Personal Data?

We store your personal data at our server room in Cedar Falls, Iowa, USA. This is needed to process and ship your order and collect payment.

10) Do You Share My Personal Data?

Your personal data is only shared when necessary to complete your order transactions and to gather certain interest, demographics, and audience data to support Bay Photo’s marketing efforts. All information is shared in a secure manner, and is never sold or traded with other parties.

11) How Can I Control My Personal Data?

In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, We aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails).

12) Can I Withhold Information?

You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 for our Cookie Policy.

13) How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

14) How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products and services. By using our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on our Site for providing live chat, marketing and feedback submission. In addition, our Site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use our Site.

15) How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Controller):

  • Email address:
  • Telephone number: 800-728-2722
  • Address: 715 East 18thStreet Cedar Falls, Iowa 50613

16) Changes to this Privacy Notice

We will change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Uploading, posting, ordering for print, emailing or otherwise transmitting any content that is
unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s
privacy, or otherwise objectionable;
Harming minors in any way, in
cluding, but not limited to, content that violates federal and state
child pornography laws, child exploitation laws and laws prohibiting the depiction of minors
engaged in sexual conduct;
Uploading, posting, emailing or otherwise transmitting any material
that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software;
Interfering with or disrupting (or attempting to interfere with or disrupt) this site or serve
rs or
networks connected to this site, or disobeying any requirements, procedures, policies or
regulations of networks connected to this site;
Using this service for the purpose of making images available for viewing to the general public;
Providing any in
formation to
that is false or misleading, that attempts to hide
your identity or that you do not have the right to disclose.
Uploading content to which you do not have a copyright, license, or are otherwise not
authorized to
Adult Content Policy
Nudes are normally printed
. They will not be
printed if they expose genitals or are
suggestive/sexually explicit.
cannot be responsible for unauthorized access,
privacy measures to protect the loss, misuse and alteration of the informati
on under our control.
We have put in place appropriate physical, electronic and managerial procedures to safeguard
and secure the information collected online. Access to data is limited to authorized
members, and is further res
tricted by password protection mechanisms. Web security and
security procedures are reviewed and may be updated on a regular basis to ensure strong data
collection. By default, all orders placed on our site are done on a secure server that encrypts all
ancial information through SSL. Credit card information is not stored in our data base.
Though every precaution is taken to ensure the safety of our digital files and images,
unfortunately even with the best operators and best machines, error is possible.
sers should
ensure that digital images and files are stored in another location besides
, we
cannot and will not be responsible for any damage to or loss of any digital files or ima
, even if through the fault or negligence of our company.
acceptance, printing or
other handling of the
digital files or images
, is without other warranty or liability, and recovery
for any incidental or
consequential damages is excluded.
Any materials submitted by you, including, without limitation, photographs
, images, text,
graphics and other materials (collectively, “User Submitted Materials”) are subject to the
following terms and conditions:
You will retain ownership of such U
ser Submitted Materials, and you grant us and our
designees a worldwide, non
exclusive, transferable, royalty
free, perpetual irrevocable
right and license, with right of sublicense (through multiple tiers), to use, reproduce,
distribute (through multiple
tiers), create derivative works of and publicly display such
User Submitted Materials solely in connection with the production or provision of any
product or service you request or to show you how your User Submitted Materials would
appear in our products
or services. For example, when you place an order for a product,
we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for
production, packaging and shipment. Similarly, if you want to share a photo book with
your friends an
d family, we will accommodate your request by making your photographs
available to your friends and family to download and/or to use and create projects of
their own, and to purchase products with those photographs.
Please note that, while you retain owner
ship of your User Submitted Materials, any
template or layout in which you arrange or organize such User Submitted Materials
through tools and features made available through
not proprietary to you, and
the rights to such temp
late or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with
respect to the User Submitted Materials, and that the User Submitted Materials do not
and will not infringe, misappropriate, use or di
sclose without authorization or otherwise
violate any copyright, trademark, trade secret right or other intellectual property or other
property right of any third party, and that the User Submitted Materials are not unlawful,
fraudulent, threatening, abusi
ve, libelous, defamatory, obscene, confusingly similar to
brands or branded products sold by others or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent,
release, and/or permission of every identifi
able individual who appears in User Submitted
Materials to use such individual’s likeness, for purposes of using and otherwise exploiting
the User Submitted Materials in the manner contemplated by these Terms, or, if any such
identifiable individual is und
er the age of eighteen (18), you have obtained such written
consent, release and/or permission from such individual’s parent or guardian (and you
agree to provide to us a copy of any such consents, releases and/or permissions upon our
request). If you do s
ubmit a submission that contains the likeness of an identifiable
individual under the age of eighteen (18), we strongly encourage you not to include any
identifying information (such as the individual’s name or address) with such User
Submitted Materials.
You agree that we may (but are not obligated to) filter any User Submitted Materials
(including, without limitation, deleting or replacing expletives or other harmful or
offensive language), refuse to use any User Submitted Materials (including, without
mitation, suspending processing and shipping of any order relating to any User
Submitted Materials) and/or disclose any User Submitted Materials and the
circumstances surrounding the use thereof, to any third party in order to provide the
applicable produc
ts or services, to enforce these Terms or to comply with legal
obligations or governmental requests.
You agree to indemnify and hold us, our directors, officers, shareholders, employees,
contractors, agents, representatives, affiliates, and third party use
rs harmless from and
against any and all claims, causes of action, liabilities, damages, losses, expenses and costs
(including, without limitation, attorneys’ fees) that arise directly or indirectly out of or
from: (i) your violation of these Terms, any ot
her agreement or terms of use with us, any
representation or warranty contained herein or therein or any applicable law; (ii) your
User Submitted Materials; (iii) your activities in connection with obtaining any products or
services from us, or (iv) any ac
tivity related to access to or use of your account by you or
any other person.
User Submitted Materials that violate these Terms may be removed from our
provided, however, that we have no obligation to remove User Submitted Materials in
ponse to user reports or requests. We are not responsible for, and will have no liability
for, the removal, non
removal or loss of any User Submitted Materials from our
recommend you keep back
up copies of your User Submitted Materials o
n your hard
drive or other personal system.
While we are not obligated to review User Submitted Materials for copyright or trademark
infringement, we are committed to protecting copyrights and trademarks and expect users of
ur Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe in good f
aith that any material used
or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may
send us a notice requesting that the material be removed, or access to it blocked. The notice
must include the following information
: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted
works are
covered by a single notification, a representative list of such works); (c) identification
of the material that is claimed to be infringing or the subject of infringing activity, and
information reasonably sufficient to allow us to locate the material on
our Sites and Apps; (d) the
name, address, telephone number and email address (if available) of the complaining party; (e) a
statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized
by the copyright owner, its agent or the law; and (f) a
statement that the information in the notification is accurate and, under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is
gedly infringed. If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a counter
notice. Notices and
notices must meet the then
current statutory requirements impose
d by the DMCA;
for details.