Privacy Policy

Last Revised September 20, 2010

At Black’s Photo Corporation (Black’s) we recognize the importance of protecting information about identifiable individuals (“personal information”). Protecting your privacy and the confidentiality of your personal information is fundamental to our relationship with you.

This privacy statement informs you of our policy on privacy, and tells you about the ways we ensure your privacy and the confidentiality of your personal information is protected.

Consistent with the Federal Personal Information Protection and Electronic Documents Act (“PIPEDA”), our privacy policy consists of five key principles:

1. Collecting and Using Information

Unless permitted by law, either before or when we collect personal information about you, we will explain how we intend to use it, and will obtain your consent if we wish to use your personal information for any other purpose. We will limit the personal information we collect to what we need for those purposes, and we will use it only for those purposes.

During the course of providing products or services to you, we may collect personal information in several different ways: face to face in our retail stores, on our website, by telephone, by written correspondence, or by email. The purpose or use to which we put personal information is restricted to providing you with products or services, to communicate information and offers on Black’s promotions, and to understand your purchase preferences and history so that we can tailor our services to provide superior levels of convenience and service.

When you contact us through our website, information is collected from you to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked at various times to provide information such as your name, e-mail address or information about what you like and do not like. On other occasions when we provide items for purchase online, we may request your credit card number to conclude the transaction or your mailing address to ensure proper delivery.

We collect information on our website in several different ways. We collect the domain name of visitors to our Web pages, the email addresses of those visitors who volunteer them, user-specific information on the pages visitors access, and information such as survey information, postal address, telephone numbers and site registrations that you provide voluntarily. Like many other commercial websites, our websites may employ a standard technology called a “cookie” to collect information about how our site is used. We also use the collected information to improve the design of our web pages.

The information that you provide is collected by Black’s and partner companies on our behalf. This information will be available to only those companies that Black’s has partnered with to bring site features to our users.

How the Information is used

Purchase Information: When a purchase is made through our retail store, we may ask for your name, address, telephone number, e-mail address and preferences. This information helps us process your order quickly, communicate effectively with you, and provide you with the services and products you want.

When a purchase is made through our online store we do collect your name, billing address, card type, card number and expiry date, which allow us to bill you for this order. If the option is taken to have the product shipped to your home, we will also collect mailing address and phone number to complete delivery.

Photo Centre Information: To upload, store, view and share your images we do collect email addresses and a password to allow access. This allows us to maintain your images securely in electronic storage so that only you can have access to them.

We will not transfer information to competitors. Information about your preferences is only used to help us understand the products and services that might be attractive to you. If you provide us with your e-mail address, we will send you e-mail offers, informing you about products and services. We will not sell your personal information to any organization, for any purpose.

Unless permitted by law, either before or when we collect personal information about you, we will explain how we intend to use it, and will obtain your consent if we wish to use your personal information for any other purpose. We will limit the personal information we collect to what we need for those purposes, and we will use it only for those purposes.

2. Releasing Information

During the course of providing products and services we may provide personal information to other persons: (i) where we have your consent; (ii) where the other persons are our suppliers or agents who assist us in serving you; or (iii) where we are required or permitted to do so by law.

All of the persons to whom we may provide personal information, as part of their contracts with Black’s, are bound to maintain your confidentiality and may not use the personal information for any unauthorized purpose.

Although unlikely, we may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested as part of a legal proceeding, we will provide this information upon receipt of the appropriate documentation.

3. Protecting Information

We will protect your personal information with appropriate safeguards and security measures. We will retain your personal information only for the time it is required for the permitted purposes.

As stated, all of the persons to whom we may provide personal information, as part of their contracts with Black’s, are bound to maintain your confidentiality and may not use the personal information for any unauthorized purpose.

All employees of Black’s are familiar with the procedures that must be taken to safeguard personal information. Those procedures are specified in our employment agreements and company policies and are regularly confirmed and reinforced.

We operate secure data networks protected by Industry standard firewall and password protection systems. We audit our procedures and security measures regularly to ensure that they are being properly administered and that they remain effective and appropriate. Only authorized individuals have access to the information provided by our customers. Any particularly sensitive information, such as a customer’s credit card number, is encrypted prior to transmission.

The length of time we retain personal information varies depending on the purpose for which it was collected and used. When your personal information is no longer needed we have procedures to either destroy, delete, erase or convert it to an anonymous form.

Unfortunately no data transmission over the internet can be guaranteed to be 100% secure. We will make every effort reasonable to ensure that when we provide personal information by the Internet that it is either encrypted or protected by a password.

Other companies that place advertising on our website may collect information about you when you view or click on their advertising or content through the use of cookies. Due to the way the Internet technically operates, we cannot control this collection of information. You should contact these advertisers or content providers if you have any questions about their use of the information they collect.

There may be links that will let you leave our website. We do not control the links or their sites and we are not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the site. The use and/or privacy provided by the operator of a linked site as to any information you provide in accessing a linked site is in no way subject to our privacy policy. Each linked site may have its own policy that could differ considerably from our policy, or the linked site may not display any privacy policy at all. In any case, even though a linked site is accessed through our site, we cannot be responsible for any use that a linked site may make of your information.

4. Providing Information Access and Accuracy

We will give you access to the information we have about you, and we will make every reasonable effort to keep your information accurate and up-to-date.

5. Respecting and Responding to Your Privacy Concerns

We will investigate and respond to your concerns about any aspect of our handling of your information.

If you have any questions or concerns about privacy, would like to request access to personal information our company has about you, or if you believe that any personal information we have about you is inaccurate or out of date please contact our Privacy Officer. You may also request that your personal information, if any, be removed from our mailing list at any time by contacting us at smilecentre@blacks.ca.

Privacy Officer

Black’s Photo Corporation
371 Gough Road
Markham, Ontario
Telephone 1-800-668-3826
Fax (905)475-2720
E-mail: privacy@blacks.ca

Declining Offers

If you do not want to receive e-mail offers from us, please let us know by sending us an e-mail message to smilecentre@blacks.ca telling us that you do not want to receive offers. Be sure to include your name and e-mail address on any correspondence.

We reserve the right to change this policy statement at any time by posting a new privacy statement at this location. By using this website, you agree to our Privacy Policy. Please be sure to visit this site often to see if anything has changed. If we post changes and you continue to use the site, you will be deemed to have agreed to the changes. Any changes to this privacy statement will be in compliance with applicable privacy laws.

Acceptable Use Policy

Last Revised September 20, 2010

Suspected violations of this policy may be reported by clicking here.

General Use Rules

Your use of the Site (the “Service”), including posting content to the Site, must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Service and the Internet generally.

Without limiting the above, the following rules apply to your use of the Service.

1. Lawful Use

Your use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.

2. Non-Commercial Use

The Service may be used by you only for personal, non-commercial purposes and must not be used in connection with any commercial activities, including: (i) selling or offering to sell any goods or services, including reselling the Service; (ii) soliciting for advertisers or sponsors; (iii) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (iv) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (v) soliciting for donations; or (vi) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.

3. Security And Performance

The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Service or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.

4. Other Person’s Rights

Your use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trademark, trade secret, patent, moral rights, and other proprietary rights).

5. No Data Collection

Your use of the Service must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses) without their expressed consent.

Use Guidelines – Prohibited Uses

The following is a non-exhaustive list of prohibited uses of the Service. Black’s reserves the right, in its sole discretion, to determine whether any use by you of the Service is prohibited or otherwise violates this Policy.

1. Uses that may violate the General Use Rules set forth above.

2. Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. This prohibition extends to the posting of any content that depicts, encourages, indicates, advocates or tends to incite any such conduct.

3. Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.

4. Uses that may dilute or depreciate the name and reputation of Black’s or TELUS or their affiliates or associates.

5. Uses that modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the software underlying or offered on the Site, or that delete, obscure or modify any proprietary notice contained on the Site.

6. Uses that “frame” or “mirror” any part of the Site without Black’s prior written authorization.

7. Uses that interfere with other persons’ use and enjoyment of the Service or of the Internet generally.

8. Uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the Service or that may otherwise result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Service or any other Internet resource or computer system; or (b) unauthorized access to other persons’ accounts and content (including content posted to the Service) or interference with their use and enjoyment of the Service.

9. Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Black’s representative.

10. Uses that contain, hyperlink to or otherwise disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person’s permission.

11. The uploading, posting or transmission to the Service of any of the following content, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: (a) materials that contain links to other sites or Internet resources; (b) executable programs or audio and video recordings; (c) materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Service or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and (d) materials that are encrypted.

Compliance, Consequences, and Law Enforcement Disclosure

Black’s may in its sole discretion determine whether this Policy has been violated.

Policy violations constitute a breach of the Terms of Service and may, in the sole discretion of Black’s, result in: (a) termination or suspension of permission to use the Service and any Site accounts you may have; (b) restricted access to the content posted to the Service; (c) removal and permanent deletion and destruction of the content posted to the Service; and (d) other consequences; all without any notice or liability to you or any other person.

Service Users Who Violate This Policy May Incur Criminal or Civil Liability.

Black’s may in its sole discretion report perceived violations of applicable law to law enforcement authorities. Black’s will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Site members’ personal information (including without limitation account information and payment information), Service users’ personal information, and copies of all content used in connection with the Service, including content posted to the Service.

Black’s failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.

You acknowledge that it is Black’s policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.