CM Group Privacy Policy

This Statement is effective as of April 27, 2023.

Your privacy is important to us. This Privacy Policy governs the manner in which CM Group Holdings Inc., CM Canada Holdings Inc. and CM Asia-Pacific Limited (collectively “CM”, “we”, “us” or “our”) collects, uses, maintains and discloses information collected from users (each, a "User") of the www.creativememories.com, www.creativememories.ca and www.creativememoriesau.com websites (collectively, the "Site"). This Privacy Policy applies to the Site and all products and services offered by CM.

Information We Collect

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, subscribe to receive the newsletter or other commercial electronic messages, become an Advisor, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, or credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site-related activities.

CM also is committed to providing a secure environment for Advisors. When using the services provided on the Site as an Advisor, you may be required to provide some personal information to help assist CM conduct business with you. Advisors, please review the Advisor Agreement for additional information.

Non-personal Identification Information We Collect

We may collect non-personal identification information about Users whenever they interact with our Site, including computer and technical information about Users’ means of connection to our Site. Non-personal identification information may include the browser name, operating system, Internet service provider and other similar information.

Cookies

CM uses cookies and pixel tags to track users of CM sites. Cookies are pieces of information stored on a user's computer by a website, so preferences are remembered on future requests. Pixel tags (also known as Web Bugs, Web Beacons, Clear Gifts, Invisible Gifts, and Tracker Gifts) are signals sent from certain web sites or emails used to pass certain information to our servers to personalize our websites and to track your usage. CM does not save password or credit card number information on cookies or through use of pixel tags without your permission. Rather, cookies and pixel tags are used to optimize the performance and functionality of the Site, and to personalize the Site for you and present you with content and offers specific to your interests. Some of the information we collect with cookies and pixel tags includes, your (i) IP address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.

There are generally three categories of cookies used on our Site:

Functional: These cookies are required for basic site functionality and are therefore always enabled. These cookies include cookies that enable you to be remembered as you explore our Site within a single session or, if you request, from session to session. These cookies also include cookies related to Advisor status affiliation. They help make the shopping cart and checkout process possible, as well as assist in security issues and conforming to regulations.

Performance: These cookies allow us to improve our Platform’s functionality by tracking usage. Refusing these cookies may result in poorly tailored recommendations and slow site performance.

Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Site through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Site. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not relevant to you or not being able to link effectively with Facebook, Google, or other social networks and/or not allowing you to share content on social media.

Third parties may also collect information via the Site through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies. To the extent these online tracking technologies are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under applicable laws) under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request via the Consent Manager at the bottom of the Site. Please note, some features of our Site may not be available to you as a result.

This is what we can call the link at the bottom of our site to manage cookies preferences and opt-out.

The Way We Use Information

CM may collect and use Users personal information either internally in connection with our business or through carefully vetted third party service providers for the following purposes:

• To improve customer service
  • Information you provide helps us respond to your customer service requests and support needs more efficiently.
• To personalize User experience
  • We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site
  • We may use feedback you provide to improve our products and services.
• To process payments
  • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to allow our third-party service providers to process payments or other services relating to that order on our behalf.
• To run a promotion, contest, survey or other Site feature
  • To send Users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails
  • We may use User email addresses to send Users information and updates pertaining to their orders. We may also send emails to respond to their inquiries, questions, and/or other requests. If a User decides to opt-in to one of our publications, he or she will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site. If at any time the User would like to unsubscribe from receiving future SMS messages, the User can reply “STOP” to the message.

This Privacy Policy applies to CM. Some sites you access may be managed by a CM Advisor, and they may request your personal information in order to assist in providing requested services. CM Advisors (and not CM) are individually responsible for ensuring the security and privacy of any personal information you give to them. We encourage you to familiarize yourself with their privacy policies to gain an understanding of the manner in which they will handle information about you.

How We Protect Your Information

We adopt appropriate technological, organizational and physical data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.

We place a priority on protecting your personally identifiable information and take commercially reasonable measures to secure and protect such information. We cannot guarantee that any electronic commerce is totally secure. For example, we have no control over the information collected by your Internet service provider or your employer (if the site is made available to you through your employer or if you send us personally identifiable information through your employer-provided email account), or information that you disclose in a public forum. Any such third party that collects your personally identifiable information may use the information in accordance with its terms and conditions of use (and related privacy policies), which may be different from this Privacy Policy. We are not responsible for any information collected by such third parties and/or how such information is used or maintained. Neither any third party nor we have the authority to make any representations or commitments on behalf of the other.

Our servers are located in the United States, and the personal information you provide may be subject to the laws of that jurisdiction.

Sharing Your Personal Information

Except as expressly set forth in this Privacy Policy, we do not actively sell, trade, or rent Users personal identification information to others. Please note that our use of cookies or online tracking technologies may be considered a “sale” / “sharing” under applicable law. Please see the “Your Rights” section for more information. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as processing payments or sending out newsletters or surveys. We may share your information with these third parties for those limited purposes.

Otherwise, disclosure of User personal information will be with the User’s consent, or where required by law.

Your Rights

Consistent with applicable law, you may exercise the rights described in this section. Please note that some of the rights may vary depending on your country, province, or state of residence.

The Right to Opt Out of Cookies and Sale/Sharing Using Online Tracking Technologies

Our use of online tracking technologies may be considered a “sale” / “sharing” under applicable law. Visitors to our Site can opt out of being tracked by these third parties by clicking the Consent Manager link at the bottom of the Site and selecting their preferences.

If you do not have an account on the Site or if you are not logged into your account on the Site, your request to opt out of “sale” / “sharing” will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us.

California and Colorado residents may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. Our Consent Manager will automatically apply the consent settings from your GPC compliant browser to the Site.

If you would like us to make the connection between your browser and your account when you send the opt-out of “sale” / “sharing” of your personal information request or GPC signal, and you have not yet opted out of “sale” / “sharing” your personal information, we recommend you select the Do Not Sell or Share Personal Information toggle that is in the Consent Manager at the bottom of the Site.

Residents of Colorado, Connecticut, and Virginia can opt out of targeted advertising by clicking the Consent Manager link at the bottom of the Site and selecting the appropriate preferences.

Categories of information disclosed that may be considered “sale” / “sharing”: basic identifying information, device information and other unique identifiers, internet or other network activity, geolocation data, and commercial data.

Categories of third parties to whom personal information was disclosed that may be considered “sale” / “sharing” include advertisers and marketing partners, data analytics providers and social media networks.

The Right to Limit the Use of Sensitive Personal Information

California residents have the right to limit the use of sensitive personal information. CM only collects sensitive personal information, as defined by applicable California law, with your consent and only uses the sensitive personal information for the use disclosed at the time of collection. CM does not use sensitive personal information for inferring characteristics about you.

The Right to Accessing, Correcting, and Deleting Personal Information

You may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. If you are a resident of California, Colorado, Connecticut, or Virginia you have the right to access, correct and delete personal information under the applicable law (when these laws become effective). If you are a resident of Canada, you have the right to access your personal information and withdraw your consent from processing. These rights may be limited in some circumstances by applicable law.

Access and Deletion

You can submit a request to access or delete your personal information, or withdraw consent, by:

• Emailing [email protected] (United States), [email protected] (Canada), or [email protected] (Australia)
• Calling +1-320-281-1424 Typically, we retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Please note that in many situations we must retain all, or a portion, of your personal information to comply with our legal obligations; resolve disputes; enforce our agreements; protect against fraudulent, deceptive, or illegal activity; or for another one of our business purposes.

Corrections

You can correct information related to your account by:

• Logging in to your account on the Site.
• Emailing [email protected] (United States), [email protected] (Canada), or [email protected] (Australia)
• Calling +1-320-281-1424

You may submit a request for a copy of the information collected about you by following the steps outlined above. California residents may do so for personal information collected in at least the last 12 months. California and Colorado residents may do so up to twice a year per customer.

Responding to Requests

Once you have submitted your request, we will respond within the time frame permitted by the applicable law. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.

Appealing Requests

If you are a Colorado, Connecticut, or Virginia resident, you may appeal our decision to your request regarding your personal information. To do so, please contact us in any of the ways listed above. We respond to all appeal requests as soon as we reasonably can, and no later than legally required.

Identity Verification

For us to process some requests, we will need to verify your identity to confirm that the request came from you. We may contact you by phone or email to verify your request. Depending on your request, we will ask for information such as your name, an email address that you have used with CM, or a phone number you have used with CM. For certain requests, we may also ask you to provide details about the most recent purchase you made online.

Authorized Agent

Residents of California, Colorado and Connecticut may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent who does not submit proof that they have been authorized by you to act on your behalf.

If you have been designated as an authorized agent to submit a request on behalf of another customer, you must let CM know when you contact CM.

Links to Other Web Sites

To allow you to interact with other websites on which you may have accounts (such as Facebook and other social media sites) or join communities on such sites, we may provide links or embed third-party applications that allow you to login, post content or join communities from our Site.

We may also provide you with general links to non-CM websites.

Your use of these links and applications is subject to the third parties’ privacy policies, and you should become familiar with the third-party sites' privacy policies and terms before using the links or applications.

CM is not responsible for ensuring security and privacy, the privacy practices or the content of those other Web sites.

Our Commitment to Children's Privacy

Protecting the privacy of children is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our Site is structured specifically to attract anyone under 13.

Changes to This Privacy Policy

CM has the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Business Transactions

We reserve the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, to a third party in the event of a sale or other transfer of assets or of any portion of our business.  In the event we enter a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your information may be among the assets transferred. 

Your Acceptance of These Terms and Legal Notice

Please note that you are advised to review the Legal Notice that governs your use of the CM site. By using this Site, you are agreeing to be bound by the terms and conditions outlined in the Legal Notice and this Privacy Policy.

How to Contact Us

If you have submitted information about yourself through the Site or an email message and you would like us to correct or delete that information from our records, please contact us. We will make every effort to delete your personal information from our files.

Should you have questions or concerns about this Privacy Policy, please contact us:

CM Group Holdings Inc.
1100 Stearns Dr
Attn: Customer Service
Sauk Rapids, MN 56379

[email protected] (United States)

[email protected] (Canada)

[email protected] (Australia)

Additional Information for California Residents

California law requires us to disclose the following additional information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Privacy Policy.

California Shine the Light

Customers who are residents of California may request information concerning the categories of personal information (if any) we disclose to third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a written request to us at this address:

CM Group Holdings Inc.
1100 Stearns Drive
Attn: Customer Service
Sauk Rapids, MN 56379

Categories of Personal Information We Collect and Our Purposes for Collection and Use

You can find examples of the personal information that we collect in the “Information We Collect” section above and in the Agreement. For details regarding the sources from which we obtain personal information, please see the “Information We Collect” section above. We collect and use personal information for the business or commercial purposes described in the “The Way We Use Information” section above.

Categories of Personal Information Disclosed and Categories of Recipients

• We disclose basic identifying information with businesses, service providers, and third parties, such as advertising networks, analytics and social media networks.
• We disclose device information and other unique identifiers with businesses, service providers, and third parties, such as advertising networks, analytics and social media networks.
• We disclose internet or other network activity with businesses, service providers, and third parties, such as advertising networks, analytics and social media networks.
• We disclose geolocation data with businesses, service providers, and third parties, such as advertising networks, analytics, and social media.
• We disclose payment information with businesses and service providers who process payments.
• We disclose commercial information with businesses, service providers, and third parties, such as advertising networks, analytics, and social media networks.
• We disclose User content with businesses and service providers who help administer customer service and fraud and loss prevention services, as well as those who help administer our programs, such as any events, product reviews and social media networks.

For more information on how your information is disclosed, please see the “Sharing Your Personal Information” section above. We may also need to disclose any of the above categories of information pursuant to legal process or as a result of a business transaction described in the “Business Transactions” section above. As stated in the “Your Rights” section above, we typically maintain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.  

Right to Non-Discrimination

We do not discriminate against any California residents who exercise any of their rights described in the Privacy Policy.