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We at American Achievement Corporation (“AAC,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to information collected when you visit any of our websites, which include, without limitation, http://www.balfour.com/, http://www.artcarved.com/, http://gradgowns.us/, http://www.delavoy.ca/, https://www.gaspard.ca/, https://www.buildagrad.ca/, https://buildagrad.com/, https://www.keepsakebowling.com/, http://www.balfoursports.com/, http://www.universityphoto.com/ , https://www.artneedle.com/, http://willsieco.com/, http://gradgowns.com/, http://mygraduationstore.com/ and http://www.gradimages.com, (“Websites”), access our mobile app, which may be accessible through mobile devices and tablets (the “Mobile App”), access and use our services provided through the Websites and the Mobile App (“Services”), or purchase our products (“Products”). The Websites and the Mobile App are collectively referred to as the “Online and Digital Properties.”
Balfour is committed to facilitating the accessibility and usability of our website for all customers with disabilities. We regularly test and audit our website to meet the Web Content Accessibility Guidelines (WCAG) version 2.1 Level AA developed by World Wide Web Consortium (W3C) standard.
Should you have concerns or questions about the accessibility of our website please contact us at 1-800-225-3687 so we may offer assistance.
By visiting our Websites, accessing our Mobile App, accessing and using our Services, and/or purchasing our Products, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use.
We collect and/or receive the following categories of information:
Contact Information
When you contact us through the “Contact Us” page, or sign up to receive special offers & promotions, or sign up to become a Registered User, you will be asked to provide certain information which may include your name, e-mail address, phone number, and student’s name if you are registering on behalf of a student (collectively, the “Contact Information”).
If you sign in using your Facebook or any other social media account, you are authorizing AAC to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company could provide to AAC through its Application Programming Interface. Such information may include, without limitation, your first and last name, username, profile picture, unique social media identifier and access token, and e-mail address.
Billing Information
In order to submit orders through the Online and Digital Properties you will be required to provide certain information in addition to the Contact Information noted above. Such information may include PayPal, Payflow account information, debit card number, credit card number, billing address, and similar information (collectively, the “Billing Information). For orders submitted through the Online and Digital Properties, the Billing Information is collected, stored and processed by our third-party payment vendors.
You may also submit orders by using our paper order forms. If you submit orders using our paper order forms, you will be required to fill in the Billing Information on our paper forms. Once we receive your paper order forms, our customer service representatives will enter your Billing Information through our Websites in order to allow our third-party payment vendors to collect, store and process such information. All paper order forms are also scanned by our third-party service providers into encrypted files which are stored on our servers. The encrypted files do not contain the Billing Information. We also store your original paper order forms in locked cabinets until your order is processed. Once your order is processed, your original paper order forms are destroyed.
Order Information
If you wish to purchase our Products, you will also be required to provide us with certain additional information such as your name, shipping address, and the Products you wish to order (“Order Information”). If you place an order as a guest (without creating an account as a Registered User), we will use your Order Information solely as necessary to process your order.
Geolocational Information
Certain features and functionalities of the Online and Digital Properties are based on your location. In order to provide these features and functionalities while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of Geolocational Information occurs only when the Mobile App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features of the Mobile App to you.
Other Information
In addition to the Contact Information, Order Information, and Geolocational Information, we may collect and/or receive additional information (collectively, the “Other Information”). Such Other Information may include:
We may receive certain information about you from your school. Such information may include your name, and the Products you would like to order (“School Provided Information”). The School Provided Information shall be provided by your school in accordance with all applicable laws, including but not limited to Family Education and Privacy Act (“FERPA”).
We may receive your Contact Information, Billing Information and Order Information if you place your order with our sales representatives and/or using our paper order forms.
We may share Other Information about you with third parties, including but not limited to, advertising companies, and our brand partners, for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, and retargeting), analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers, brand partners, and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so.
You authorize us to use your Contact Information, Order Information, Geolocational Information, School Provided Information and Other Information (collectively, the “Information”) to provide and improve our Online and Digital Properties, Services and Products, to fulfill your requests and purchases; to send order notifications and marketing communications, to provide personalized and more convenient onsite shopping experience, to solicit your feedback, to inform you about our products and services and those of our promotional partners. We will use your phone number to send you updates about your order and marketing notifications via SMS. If you would like to opt-out of receiving such SMS, please contact us at privacy@balfour.com.
You also authorize us to use and/or share Information as described below.
We may share your Contact Information and Order Information with your school to determine your eligibility to receive the Products you order.
We may share your Contact Information, Order Information and School Provided Information with our sales representatives. All of our sales representatives will only use the consumer’s information consistent with the purposes described in the policy.
We may also share your credit card information in an anonymized manner with our business partners to create profiles to help us better market to our users.
We may share your Contact Information with your school counselors who will use the information to message you about your order.
We may contribute your Information to cooperative databases which give third parties subscribing for such databases access to your Information for the purposes of confirming viability of e-mails and fraud protection. If you do not wish to have your Information contributed to cooperative databases, please send an e-mail to privacy@balfour.com.
If you have provided us any Contact Information and/or Order Information, you may access, remove, review, and/or make changes to certain elements of the same by logging in to your account. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any AAC marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Online and Digital Properties.
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. If you send us an email, we cannot guarantee the security of any information contained therein because we do not have control over the security of incoming emails.
The Online and Digital Properties and its servers are operated in the United States and elsewhere. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Online and Digital Properties, you do so at your own risk. You are also consenting to the application of United States federal and Texas state law in all matters concerns the Online and Digital Properties and this Policy.
In certain circumstances, we may transfer the personal data of residents of the European Economic Area (EEA) through data controllers such as a school. For example, we may enter into a contract with a school in the EEA to produce yearbooks. In these circumstances, we enter into appropriate agreements with schools, including the use of Standard Contractual Clauses.
The Online and Digital Properties may contain links to third-party websites. (“External Sites”) AAC has no control over the privacy practices or the content of these External Sites. As such, we are not responsible for the content or the privacy policies of these External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any such External Sites.
The Online and Digital Properties are not intended for children. No one under age 13 may provide any personal information on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites. If we learn we have collected or received personal information from a child under 13, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. If you believe we might have information from or about a child under 13, please contact us at privacy@balfour.com .
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that we remove content or information about you that is posted on the Online and Digital Properties. Please submit any such request (“Request for Removal of Minor Information”) to privacy@balfour.com, with a subject line of “Removal of Minor Information”. For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the e-mail or letter subject line, and clearly state the following in the body:
We are not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled, or incorrectly sent.
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Online and Digital Properties.
Also, please note that we are not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires us to maintain the content or information; when the content or information is stored on or posted to the Online and Digital Properties by a third party other than you (including any content or information posted by you that was stored, republished, or reposted by the third party); when we anonymize the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
If you reside in the United Kingdom or in a country in the European Union, you are entitled to an explanation of the legal bases upon which we rely to process your personal data. The legal bases for collecting and using the personal data described above will depend on the context in which we collect the data and the personal data at issue. These legal bases include the following:
Consent
In situations where you provide your consent (e.g., when you request and/or authorize us to send you marketing information), we may process your personal data. You have the right to withdraw this consent at any time and that withdrawal will apply on a going-forward basis. Withdrawing consent does not impact the lawfulness of the processing based on your consent before its withdrawal.
To Perform a Contract
We may process your personal data to fulfill our contractual obligations to you or one of our customers.
To Comply with a Legal Obligation
We may process your personal data to comply with an applicable legal obligation. This may include providing information to law enforcement, governmental authorities or to comply with legal process.
Legitimate Interests of the Company
We may also process your personal data to further our legitimate interests. For example, when we process your personal data to carry out fraud prevention activity or to increase network security, identify usage trends, improve the Online and Digital Properties and or other legitimate interests.
Necessary for the Exercise or Defense of Legal Claims
If you bring a claim against us or we bring a claim against you, we may process your personal data in connection with that claim.
Access and Confirmation.
You have the right to ask us if we process Personal Information about you, and in some circumstances, to obtain a copy of your Personal Information.
Deletion and Blocking.
Under certain circumstances, you may have the right to have your Personal Information deleted or blocked without undue delay.
Direct Marketing.
You have the right to object to our processing of Personal Information for direct marketing purposes.
Consent.
To the extent we are processing Personal Information on the basis of your consent, you have the right to withdraw consent at any time.
Data Portability.
Under certain circumstances, to the extent we are processing your Personal Information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the Personal Information in a structured, commonly used and machine-readable format.
External Data Protection Officer (DPO) and Representative
Privacy Complaints by European Union and United Kingdom Residents
Persons located in the European Union and Switzerland who have inquiries or complaints regarding this privacy policy should contact us at privacy@balfour.com or through one of the other means set forth below.
Exercising Your Privacy Rights
Exercise your privacy rights through the following link:
American Achievement Corporation
Attn: Privacy Officer
1550 W Mockingbird Lane
Dallas, Texas 75235
For your protection, we will only implement such requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will endeavor to comply with your request as soon as reasonably practicable. Please note that we are not responsible for correcting, updating or deleting any information in the databases of third parties with whom we have already shared your personal information.
Your California Privacy Rights. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit
https://www.balfour.com/HelpCenter/Legal/CCPA%20Privacy%20Notice
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Online and Digital Properties. By accessing the Online and Digital Properties, accessing our Services, and/or ordering our Products after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
If you have questions about this Privacy Policy, or if you would like to review, correct or challenge your personal information, please contact us in one of the following ways:
Email: privacy@balfour.com
Phone: 1-800-BALFOUR (800-225-3687)
Or write to us at:
American Achievement Corporation
1550 W Mockingbird Lane
Dallas, Texas 75235
PRIVACY STATEMENT-CALIFORNIA
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the American Achievement Corporation Privacy Policy, which is incorporated by reference herein. This supplemental Privacy Statement-California applies to the Online and Digital Properties, but solely as to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|
Category |
Examples |
Collected |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. |
YES |
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
YES |
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
NO |
|
D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
|
G. Geolocation data. |
Physical location or movements. |
YES |
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
NO |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
|
K. Inferences drawn from other personal information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
NO |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial Information
Category F: Internet or other similar network activity
Category G: Physical location or movements
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
American Achievement Corporation
Attn: Privacy Officer
1550 W Mockingbird Lane
Dallas, Texas 75235
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
Contact Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us through one of the following ways:
American Achievement Corporation
Attn: Privacy Officer
1550 W Mockingbird Lane
Dallas, Texas 75235
Under the California Consumer Privacy Act (“CCPA”),the sale of your personal information means the sharing of your personal information with certain third parties. Under the CCPA, consumers have the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. Currently, we do not share your personal information in a manner that would be considered a sale under CCPA. We only disclose your personal information to our service providers pursuant to contracts that prohibit the service provider from using your personal information for any purpose other than those services specified in the contract.
