At PortraitGift.com, operated by PortraitGift LLC ("PortraitGift," "we," "us," or "our"), we are committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. This Privacy Policy explains how we collect, use, store, and protect your data when you use our services. This Privacy Policy is incorporated into and forms part of our Terms & Conditions. By using our services, you consent to the practices described in this Privacy Policy.
Information We Collect
When you use PortraitGift.com, we may collect the following types of information:
Personal Information
- Contact Information: Name, email address, phone number, and shipping address when you place an order.
- Payment Information: Payment details processed securely through third-party payment processors (PayPal, Stripe). We do not store your complete credit card information on our servers.
- Account Information: If you create an account, we store your login credentials and preferences.
Photos and Facial Data
Important Information About Photo Storage:
- When you upload photos to create custom artwork, we temporarily store these images on our secure servers to process your order.
- We may use facial recognition technology to detect and enhance faces in your photos for better artwork quality.
- Your photos and any facial data extracted are stored securely and privately - they are never shared with other users or third parties except as necessary to fulfill your order.
- Each customer's photo library is completely private and unique to them.
- We retain your uploaded photos only for the duration necessary to complete your order and provide customer support.
Biometric Data Notice & Consent
Your consent to facial/biometric processing.
- To detect, align, enhance, and place faces in your custom artwork, our automated systems and third-party providers may extract and process facial geometry and related image-derived data from the photographs you upload ("biometric data").
- By uploading photos and using our services, you provide your express, informed consent to this processing for the purpose of creating your previews and products. Where a depicted person is someone other than you, you confirm you have obtained that person's consent (and, for a minor, that you are their parent or legal guardian), as required by our Terms & Conditions.
- We do not sell, lease, trade, or otherwise profit from biometric data, and we do not use it to identify you across other services or to build advertising profiles.
- Biometric data is used only transiently to generate your artwork and is retained no longer than reasonably necessary to provide the services and meet our legal, security, and operational obligations. You may request deletion at any time using the deletion options described below.
Artificial Intelligence & Automated Processing
You authorize AI processing of your content.
- We use automated systems, machine learning, artificial intelligence, image-processing technologies, and third-party AI providers to process your uploaded content and generate previews and artwork.
- By uploading content, you expressly authorize this processing. AI-generated outputs may contain errors, inaccuracies, or unexpected results, may differ from your source photos, and may not be unique. See our Terms & Conditions for the full terms governing AI outputs.
- We do not use your photos to train publicly available foundation models in a way that would expose your images to other users. Third-party providers process content under contractual confidentiality and data-protection obligations.
Usage Data
- Device Information: IP address, browser type, device type, and operating system.
- Browsing Behavior: Pages visited, time spent on pages, clicks, and interactions with our website.
- Cookies and Tracking: We use cookies and similar technologies to enhance your experience and track website usage.
How We Use Your Information
We use the information we collect for the following purposes:
- Order Processing: To create your custom artwork, process payments, and deliver your products.
- Customer Support: To respond to your inquiries, resolve issues, and provide assistance.
- Service Improvement: To analyze usage patterns and improve our website, products, and services.
- Marketing Communications: To send you promotional emails, special offers, and updates (you can opt-out at any time).
- Legal Compliance: To comply with legal obligations, prevent fraud, and enforce our terms of service.
Facebook Retargeting & Personalized Advertising
Personal Facebook Catalog for Each Customer:
- We use Facebook Pixel and create a personal Facebook Catalog for each customer to show you relevant advertisements based on the artworks you've created.
- Your Facebook Catalog is unique and personal to you - it contains only the products you have generated and is not visible to or shared with other customers.
- This allows us to show you customized ads featuring your own created artworks when you browse Facebook and Instagram.
- We use Facebook's Advanced Matching technology to improve ad targeting accuracy while maintaining your privacy through automatic data hashing.
- The data we share with Facebook includes hashed versions of your email address and a unique user ID to ensure ads are shown to the right person.
- You can opt-out of personalized advertising by adjusting your Facebook ad preferences or using our deletion tools (see below).
Data Retention & Storage
We retain your information for as long as necessary to provide our services and fulfill the purposes outlined in this policy:
- Order Data: We keep order information and photos for up to 12 months after your last order for customer support and reordering purposes.
- Account Data: If you have an account, we retain your information until you request deletion.
- Uploaded Photos: Your uploaded photos and generated artwork previews are stored temporarily and can be deleted by you at any time using our deletion tool.
- Marketing Data: We retain email addresses for marketing purposes until you unsubscribe.
- Digital Download Files: Digital files purchased as downloads are kept on our servers for 30 days after your order, after which they may be fully and permanently deleted (see the section below).
Digital Downloads — 30-Day Storage Period
Please download your digital files within 30 days of your order. After this period, the files may be fully and permanently deleted from our servers and cannot be recovered.
- Fast Delivery: Your digital photos are sent by email in less than 5 minutes after your order is placed.
- Didn't receive them? If your digital photos did not arrive, contact our support at contact@portraitgift.com and we will gladly investigate the issue and resend them — either to the same email or through another channel such as WhatsApp or Google Drive, depending on your preference.
- After 30 Days: Once the 30-day period has passed, the original files may no longer exist on our side. No refund can be requested and no recovery of the original files is possible.
- Courtesy Redo: If you did not download your files in time, our support team and artists can, out of courtesy, redo your artwork from scratch. In that case, our artist will need to request again the original face photos and the models you originally chose.
Your Right to Delete Your Data
Complete Data Deletion Available:
We respect your right to control your personal data. You have the right to request deletion of:
- All uploaded photos and generated artwork previews
- Your personal Facebook Catalog products
- All face detection data associated with your images
- Your account information and order history
To delete your data:
- Visit your Artwork Library
- Click on the FAQ section at the bottom of the page
- Use the "Delete All My Photos" button to permanently remove all your photos and catalog products
- For complete account deletion, contact us at contact@portraitgift.com
Note: Deletion is permanent and cannot be undone. This will remove all your custom portraits, previews, and Facebook Catalog products from our system.
Data Security
We implement industry-standard security measures to protect your personal information:
- Encryption: All data transmitted between your browser and our servers is encrypted using SSL/TLS technology.
- Secure Storage: Your photos and personal data are stored on secure servers with restricted access.
- Payment Security: Payment processing is handled by PCI-DSS compliant third-party providers (PayPal, Stripe).
- Access Controls: Only authorized personnel have access to your personal information.
Third-Party Services
We may share your information with trusted third-party service providers who assist us in operating our business:
- Payment Processors: PayPal, Stripe (for secure payment processing)
- Shipping Providers: Delivery companies to fulfill your orders
- Email Services: Email service providers for sending order confirmations and marketing emails
- Analytics: Google Analytics, Facebook Pixel (for website analytics and advertising)
- AI Services: Third-party AI providers for face detection and image processing
These third parties are contractually obligated to protect your data and use it only for the purposes we specify.
Cookies and Tracking Technologies
We use cookies and similar technologies to:
- Remember your preferences and settings
- Analyze website traffic and user behavior
- Deliver personalized advertisements
- Track conversions and measure ad performance
You can control cookies through your browser settings. However, disabling cookies may affect your ability to use certain features of our website.
Your Rights (GDPR & Privacy Laws)
Depending on your location, you may have the following rights regarding your personal data:
- Access: Request a copy of the personal data we hold about you.
- Correction: Request correction of inaccurate or incomplete data.
- Deletion: Request deletion of your personal data (right to be forgotten).
- Restriction: Request restriction of processing of your data.
- Portability: Request transfer of your data to another service provider.
- Objection: Object to processing of your data for marketing purposes.
- Withdraw Consent: Withdraw consent for data processing at any time.
To exercise any of these rights, please contact us at contact@portraitgift.com.
Intellectual Property & Usage Rights
Important: Personal Use Only
- All personalized artworks, designs, and portrait styles created through PortraitGift.com are intended for personal use only.
- Reproduction, resale, or commercial use of our designs, artwork templates, and personalised portraits outside of PortraitGift.com is strictly forbidden without an official partnership agreement.
- This includes but is not limited to: selling prints, digital copies, or derivative works based on our artwork styles on third-party platforms or marketplaces.
- If you are interested in commercial licensing or partnership opportunities, please contact us at contact@portraitgift.com to discuss authorized commercial use.
- Violation of these terms may result in legal action and permanent account termination.
Prohibited Content & Acceptable Use
No nudity, pornography, or explicit content
- We do not create, edit, or process any nude, pornographic, sexually explicit, or otherwise adult content. Such requests cannot be fulfilled due to legal restrictions and will be declined.
- We also refuse any content that is illegal, depicts minors inappropriately, is hateful, harassing, defamatory, or infringes on the rights of others.
- Uploading or requesting prohibited content is a violation of these terms. We reserve the right to refuse service, cancel the order without refund, and where appropriate report illegal content to the relevant authorities.
- If you are unsure whether your request is acceptable, please contact us at contact@portraitgift.com before placing your order.
System Abuse Prevention
To maintain fair access and reasonable costs for all users, we monitor system usage:
- Preview Generation Monitoring: We track the number of artwork previews generated by each user and IP address.
- Excessive Usage: Abuse of our preview generation system that results in unusually high costs (such as generating hundreds of previews without purchasing) is actively monitored.
- IP Blocking: If we detect abusive behavior or excessive system usage patterns, we reserve the right to temporarily or permanently block your IP address from accessing our services.
- Account Suspension: Accounts found to be abusing our system may be suspended or terminated without prior notice.
- We implement these measures to ensure fair access and sustainable service for all legitimate customers.
California Privacy Rights (CCPA/CPRA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act:
- Right to Know: Request the categories and specific pieces of personal information we have collected, the sources, the purposes, and the categories of third parties with whom we share it.
- Right to Delete: Request deletion of personal information we have collected, subject to certain exceptions.
- Right to Correct: Request correction of inaccurate personal information.
- Right to Opt Out: Opt out of any "sale" or "sharing" of personal information.
- Right to Limit: Limit the use and disclosure of sensitive personal information.
- Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.
We Do Not Sell Your Personal Information. PortraitGift does not sell your personal information or biometric data for money, and we do not sell the personal information of minors. We may "share" certain identifiers (such as a hashed email and a device/user ID) with advertising platforms like Facebook for cross-context behavioral advertising. You can opt out of this "sharing" by adjusting your ad-platform preferences, using a recognized opt-out preference signal (such as Global Privacy Control), or contacting us at contact@portraitgift.com. To exercise any California right, email us with the subject line "California Privacy Request." We will verify your request before responding, and you may use an authorized agent.
Dispute Resolution
Any dispute arising out of or relating to this Privacy Policy or our handling of your data is subject to the governing law, binding individual arbitration, and class action waiver provisions set out in our Terms & Conditions, except where such provisions are limited or prohibited by applicable data-protection law.
Children's Privacy
Our services are not intended for children under the age of 16. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us immediately, and we will delete it.
International Data Transfers
Your information may be transferred to and processed in countries outside your country of residence. We ensure that appropriate safeguards are in place to protect your data in accordance with applicable privacy laws.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of significant changes by posting a notice on our website or sending you an email. Your continued use of our services after such changes constitutes your acceptance of the updated policy.