Privacy Policy

This Privacy Policy explains what information MemoryCherish LLC collects, why we collect it, how we use and protect it, when (if ever) we disclose it, and the choices and legal rights you have. It gives special attention to the photographs you send us, both the digital images you upload and the physical original photographs you mail to us, because your memories deserve special care.

MemoryCherish LLC (“MemoryCherish,” “we,” “us,” or “our”) operates the website memorycherish.com and the ordering site order.memorycherish.com (together, the “Services”), through which we provide hand-done photo restoration and colorization performed by human artists in the United States. This Privacy Policy applies to personal information we collect through the Services, by email, by telephone, and by mail, and when you send us photographs to restore. You do not need to create an account or a password to place an order.

This Privacy Policy is effective as of the “Last updated” date shown above. Please read it together with our Terms of Service and our Refund & Returns Policy, which govern your use of the Services and which you accept when you place an order and upload or mail us your photographs. Throughout this Policy, each numbered section begins with a short plain-language summary in italics for your convenience. Those summaries are provided only to help you understand the section; they are not the agreement, and we have written each summary to say the same thing as the section it introduces. If a summary and the full text of a section ever seem to conflict, the full text controls.

1. Who We Are and the Scope of This Policy

We are MemoryCherish LLC, a Wyoming company that serves customers in the United States. This Policy covers the information we handle when you visit our sites, place an order, contact us, or send us photos. Extra rules that apply in certain states or countries are set out in Section 18.

MemoryCherish LLC is a limited liability company organized under the laws of the State of Wyoming, with a registered and mailing address at 30 N Gould St, Sheridan, WY 82801, United States. For all purposes described in this Policy, MemoryCherish is the party responsible for the personal information it collects and, where applicable law uses those terms, acts as the “business,” “controller,” or “data controller” of that information.

This Policy applies to:

• Visitors to memorycherish.com and order.memorycherish.com;
• Customers who place, or attempt to place, an order for photo restoration, colorization, prints, or related services;
• People who upload digital photographs or mail us physical original photographs to be restored;
• People who contact us for support, ask a question, request a quote, or provide feedback; and
• People who receive, or ask to receive, our marketing or transactional communications.

This Policy does not apply to third-party websites, applications, platforms, or services that we do not own or control, even if they link to or from our Services (see Section 19). It also does not apply to information you provide directly to a third party, such as a payment card network or a shipping carrier operating under its own privacy policy.

Our Services are directed to and intended for residents of the United States. We do not target our Services to, or knowingly offer goods or services to, individuals located in the European Economic Area, the United Kingdom, or Switzerland; Section 18.3 explains the limited circumstances in which European data-protection law may nonetheless apply. Certain sections below apply only to residents of particular U.S. states or of other countries or regions. Where those regional terms apply to you, they supplement, and, to the extent required by the applicable law, override, the general terms of this Policy. See Section 18 (Regional Privacy Supplements).

2. Information We Collect and Notice at Collection

We collect the information you give us (like your name, email, shipping details, and the photos you want restored), a little information about how you use our sites, and some information collected automatically through cookies. We collect only what we need. We never sell your information for money and never sell or share your photographs; the only activity some state laws might treat as a “sale” or “share” is certain website advertising cookies, which you can switch off (see Section 7).

We collect the categories of personal information described below. Not every category applies to every person; what we collect depends on how you interact with us. The table in Section 18.1 restates these categories using the specific terminology of California law.

2.1 Information you provide to us

• Identifiers and contact information, your name, email address, postal/shipping address, and telephone number.
• Order and transaction information, the products and services you order, order and reference numbers, quantities, options selected (for example, colorization or prints), instructions or notes you give us about a restoration, order history, and communications relating to your order.
• Payment information, the billing details needed to process your payment. Payments are processed by third-party payment processors. We do not receive or store your full payment card number, and we do not have access to your complete card, bank-account, or similar financial-account credentials. We may receive limited transaction confirmation data from our processor, such as the type of card, the last four digits, an authorization result, and the billing name and postal code.
• The photographs and materials you submit, the digital image files you upload and the physical original photographs you mail to us, together with any content visible in those images. Because our service is photo restoration, these images may depict identifiable people and their faces, and may occasionally reveal sensitive context (for example, a religious ceremony, a health-related setting, or a deceased loved one). We treat the photographs you submit, and their contents, with heightened care as described in Sections 9, 10, and 11.
• Communications, the content of emails, chat messages, mailed correspondence, support requests, reviews, survey responses, and feedback you send to us, and our records of our responses. We do not routinely record telephone support calls. If we ever record a call, we will tell you at the start of the call and obtain your consent where the law requires it.
• Marketing and consent information, your preferences for receiving communications, the consents you give (for example, prior express written consent to receive text messages, or opt-in permission to let us show a “before-and-after” of your restoration), and your opt-outs.

2.2 Information we collect automatically

• Device and connection information, your IP address, general location inferred from that IP address (such as city or region), browser type and settings, operating system, device identifiers, language settings, and referring/exit pages.
• Usage information, the pages and content you view, the dates and times of your visits, the links and buttons you click, the searches you run on our sites, the steps you take through the ordering flow, and similar diagnostic and analytics data.
• Cookies and similar technologies, information collected through cookies, pixels, tags, local storage, and comparable technologies, as described in Section 6.

2.3 Information we derive

• Inferences and aggregated data, limited inferences we may draw from the information above, for example to estimate which product a returning visitor may want, to detect and prevent fraud, or to understand how our Services are used in the aggregate. We do not use these inferences to build sensitive profiles about you, and we do not use the contents of your photographs to profile you.

2.4 Sensitive information

We do not intentionally seek to collect information that laws describe as “sensitive.” However, a photograph you choose to submit for restoration may itself reveal characteristics that some laws treat as sensitive, for example, apparent race or ethnicity, religious observance, or the fact that a person is deceased, and the image may include facial features. We collect that content only because it is inherent in the photo you asked us to restore. Before we process the contents of an image that may reveal such characteristics, we ask you for a separate, opt-in permission at the point of upload or submission (see Sections 5 and 9). We use that content only to perform and improve the restoration service you requested, and any use to improve our work relies on de-identified or aggregated material (see Sections 4 and 9). We do not use it to infer characteristics about you for any other purpose, and we do not sell or share it. If your request or communications with us happen to include other sensitive details (such as information you volunteer about your health or family), we use that information only to respond to you and to provide the service you asked for.

2.5 Notice at Collection

At or before the point we collect your personal information, this Section serves as our “Notice at Collection.” It tells you: the categories of personal information we collect (Section 2); the purposes for which we use each category (Section 4); whether we “sell” or “share” any category as state laws define those terms (Section 7, we do not sell any personal information for money, and the only activity that may qualify as a “sale” or “share” is our use of certain advertising cookies, which you can opt out of; we never sell or share the photographs you submit); and how long we keep each category (Section 12, which states the retention period or criteria for each category). You are not required to provide personal information to browse our public pages, but you must provide the information reasonably necessary to place an order, receive a restoration, and be contacted about it.

3. Sources of the Information We Collect

Most of what we have comes straight from you. A little comes automatically from your device, and some comes from the vendors who help us run payments, shipping, hosting, and analytics.

We obtain personal information from the following sources:

• Directly from you, when you place an order, upload or mail photos, create or fill in a form, contact us, subscribe to communications, respond to a survey, or leave a review.
• Automatically from your device, through cookies and similar technologies and our servers, as described in Sections 2.2 and 6.
• From our service providers, for example, our payment processors (transaction confirmation data), our hosting and storage providers, our email and messaging providers, and our analytics and advertising providers, each acting on our behalf.
• From shipping carriers, tracking and delivery status for materials you mail to us or that we return to you.
• From referrals and links, if you reach us through a partner, affiliate, or referral link, we may learn that you arrived from that source.

4. How We Use Your Information

We use your information to do the job you hired us for, restore your photo and get it back to you, and to take payment, provide support, keep our Services safe and working, follow the law, and, only if you agree, send you marketing. We do not sell your information, and we do not use your photos to train any AI.

We use personal information for the following purposes:

• To provide the Services, to receive and process your order; to restore, colorize, revise, print, and deliver your photographs; to return mailed originals; and to complete the transaction you requested.
• To take and manage payment, to process charges and refunds through our payment processors, verify billing details, and maintain transaction records.
• To communicate with you about your order, to send transactional and service messages such as order confirmations, status updates, delivery and proof notifications, revision requests, and responses to your questions. These messages are part of the service and are not marketing.
• To provide customer support, to answer questions, handle claims about mailed or damaged materials, honor our satisfaction guarantee, and resolve disputes.
• To operate, maintain, and improve the Services, to run and secure our websites, understand how they are used, troubleshoot, develop new features, and improve the quality and consistency of our restoration work. When we use image content to improve our work, we use de-identified or aggregated material wherever possible, and we do not use the identifiable contents of your photographs, or any sensitive characteristics they may reveal, to train, develop, or validate any artificial-intelligence or machine-learning model (see Section 9).
• For safety, security, and fraud prevention, to detect, investigate, and prevent fraud, abuse, unauthorized access, and other harmful or unlawful activity, and to protect our customers, our business, and the public.
• For legal and compliance purposes, to comply with applicable laws, regulations, subpoenas, and lawful requests; to enforce our Terms of Service and other agreements; and to establish, exercise, or defend legal claims.
• For marketing, only with your consent, to send you promotional messages and offers only where you have opted in, and, for text/SMS messages, only where you have given your prior express written consent. Every marketing message lets you opt out, and you can withdraw your consent at any time (see Sections 6 and 17). We use the contents of your photographs in marketing (for example, a public “before-and-after”) only with your separate, affirmative, opt-in permission (see Section 9).
• For business operations, accounting, auditing, record-keeping, and, if applicable, a business transfer as described in Section 8.

We will not use your personal information for a materially different, incompatible purpose without providing notice and, where required, obtaining your consent.

5. Legal Bases for Processing (EEA, UK, and Switzerland)

If you are in Europe, the UK, or Switzerland, we only handle your information when we have a proper legal reason to, usually because we need it to do your order, because you gave a specific opt-in, because the law requires it, or because we have a fair business reason that does not override your rights. For anything a photo reveals that European law treats as “special category” data, we rely on the separate opt-in you give us at upload, not on the mere act of uploading.

MemoryCherish is based in the United States and directs its Services to U.S. residents (see Section 18.3). The following applies only if, and to the extent, the European Union General Data Protection Regulation (“EU GDPR”), the UK GDPR, or the Swiss Federal Act on Data Protection (“FADP”) applies to your personal information. Where it does, we process your personal information only where we have a lawful basis to do so. The bases we rely on are:

• Performance of a contract, to take and fulfil your order, deliver your restored photographs, return your originals, and provide support (Article 6(1)(b) GDPR).
• Consent, where we ask for it, for example for certain marketing communications, non-essential cookies, any processing of special-category image content, and any public/portfolio use of your restored images. You may withdraw consent at any time, without affecting processing already carried out (Article 6(1)(a) GDPR).
• Legitimate interests, to secure and improve our Services, prevent fraud, understand usage, restore the photographs our customers submit, and pursue our reasonable business interests, except where those interests are overridden by your rights and freedoms (Article 6(1)(f) GDPR).
• Legal obligation, to comply with laws to which we are subject, such as tax, accounting, and record-keeping obligations (Article 6(1)(c) GDPR).

Where a photograph you submit reveals data that Article 9 GDPR treats as a special category (for example, apparent racial or ethnic origin, religious belief, or health context), we rely on your explicit consent under Article 9(2)(a). We obtain that consent through a separate, unbundled opt-in at the point you upload or submit your photograph, a distinct check-box and attestation, apart from your acceptance of our general Terms, by which you specifically agree that we may process the contents of that image, which may reveal sensitive characteristics, in order to perform the restoration you requested. We keep a record of that consent. Submitting a photograph is not, by itself, treated as your explicit consent. You may withdraw your consent at any time and ask us to delete the image (see Sections 9 and 17), without affecting processing already carried out. For the personal data of other people who appear in your photograph, see Section 11.

6. Cookies, Pixels, and Similar Technologies

Our sites use cookies and similar tools, some are necessary to make the site work, others help us understand usage or support advertising. You can control non-essential cookies through our cookie tools and your browser, and we automatically honor Global Privacy Control (GPC) “do not sell/share” browser signals.

We and our providers use cookies, pixels/tags, software development kits, local storage, and similar technologies (“cookies”) to operate and improve the Services. We use the following broad categories:

• Strictly necessary cookies, required to run the site, keep it secure, remember what is in your order, and enable core features. These cannot be switched off through our site controls.
• Functional cookies, remember choices such as language, region, or currency to personalize your experience.
• Analytics/performance cookies, help us understand how the Services are used so we can measure and improve them.
• Advertising cookies, help us measure and, where applicable, deliver relevant advertising. Where these are used for purposes that state laws treat as a “sale,” “sharing,” or “targeted advertising,” you can opt out as described in Section 7.

Your choices. Where required, we obtain consent for non-essential cookies through a cookie banner or preference tool, and you can change your choices there at any time. You can also set your browser to refuse or delete cookies, though some features may not work properly as a result.

Global Privacy Control (GPC). We recognize and process the Global Privacy Control (GPC) and other recognized opt-out preference signals in a frictionless manner. When your browser or device transmits a recognized GPC signal, we automatically treat it as a valid request to opt out of any “sale” or “sharing” of personal information and of targeted advertising for that browser or device, without requiring any further action from you. You may also opt out using the “Do Not Sell or Share My Personal Information” link described in Section 7. Because there is no common industry standard for “Do Not Track” (DNT), our Services do not respond to DNT signals, but we do honor GPC as just described.

7. “Selling,” “Sharing,” and Targeted-Advertising Opt-Out

We do not sell your personal information for money, and we never sell or share your photographs for any reason. The one activity some state laws may treat as a “sale” or “share”, even when no money is involved, is our use of certain website advertising cookies. We treat that activity as a sale/share to be safe, and you can opt out at any time using our “Do Not Sell or Share My Personal Information” link or a Global Privacy Control signal.

Under the California Consumer Privacy Act (“CCPA”) and several other U.S. state privacy laws, a “sale” means disclosing personal information for monetary or other valuable consideration, and “sharing” and “targeted advertising” cover disclosing online identifiers for cross-context behavioral advertising, even when no money changes hands. When we use advertising or analytics cookies, we may disclose online identifiers (such as cookie or device identifiers and IP address) to advertising partners. We treat that activity as a “sale” and a “share” under those laws, and we give you the right to opt out. In the preceding twelve (12) months, we did not sell or share any personal information for money, and we never sell, share, rent, or otherwise disclose the photographs you submit or their contents for any advertising purpose.

Notice of Right to Opt Out. You can opt out of any “sale,” “sharing,” or “targeted advertising” at any time by:

• clicking the “Do Not Sell or Share My Personal Information” link in the footer of our websites and rejecting advertising cookies through our cookie-preferences tool;
• transmitting a recognized opt-out preference signal such as Global Privacy Control, which we process frictionlessly and automatically (see Section 6); and/or
• contacting us using the details in Section 22 and asking to opt out.

We do not require you to create an account to opt out, and we will not deny you services, charge you a different price, or provide a different level or quality of service because you opted out. We do not knowingly sell or share the personal information of consumers under 16 years of age. We never sell or share the photographs you submit under any circumstances.

8. How and When We Disclose Information

We share information only with the vendors who help us run the business, when the law requires it, or if our business is ever transferred, and always under confidentiality and use limits. Nobody buys your data from us, and if our business ever changes hands, your photos and sensitive information stay protected, with notice to you first.

We disclose personal information only as described below, and we require the recipients to protect it and to use it only for the purposes we specify:

• Service providers and processors, vendors that perform functions on our behalf, such as payment processing, website hosting and cloud storage, email and messaging delivery, order and print fulfilment, customer-support tooling, analytics, and advertising measurement. They may process personal information only to provide services to us and under contractual confidentiality and security obligations.
• Shipping carriers, to deliver mailed originals and prints and to provide tracking.
• Professional advisors, lawyers, accountants, auditors, and insurers, as needed and under duties of confidentiality.
• Legal and safety disclosures, to comply with applicable law, regulation, legal process, or an enforceable governmental request; to enforce our Terms of Service and other agreements; and to protect the rights, property, and safety of MemoryCherish, our customers, and others, including to detect and prevent fraud or security issues.
• Business transfers, in connection with, or during negotiations of, a merger, acquisition, financing, reorganization, bankruptcy, receivership, or sale of all or part of our assets, personal information may be transferred as part of that transaction. We will require that your personal information, and, in particular, the photographs you submitted and any sensitive information, remain subject to protections that are materially the same as those in this Policy. If a transaction would result in your personal information being handled under materially different privacy terms, we will give you advance notice and an opportunity to request deletion of your information (including your images) before the change takes effect, except where notice is prohibited by law, and we will provide any further notice the law requires.
• With your direction or consent, when you ask us to share information, or when you separately agree (for example, opt-in portfolio use of a restored image under Section 9).

We do not disclose the contents of your photographs to any third party except a service provider that helps us perform, deliver, print, or store your restoration under confidentiality obligations, or as required by law, or with your permission. We do not sell your personal information, and we never sell or share your photographs.

9. Your Uploaded Photographs, Special Handling

Your photos are the heart of what we do, so we protect them. We use them only to complete and improve the restoration you asked for, we encrypt and secure them, we delete them on a defined, short schedule (or sooner if you ask), we never sell or share them, and we never use them to train any AI, ours or anyone else’s. We show a “before-and-after” publicly only if you give us separate, specific permission.

Because our entire service depends on the trust you place in us when you hand over irreplaceable memories, we apply the following commitments to the digital images you upload and the scanned images of physical originals you mail (together, “your images”). This Section addresses the digital handling of your images; the physical original itself is also covered by Section 10, and the people shown in your images are covered by Section 11.

• Purpose limitation. We use your images only to perform the restoration, colorization, revision, printing, and delivery you requested; to provide support and honor our guarantee; and to improve the quality and consistency of our own restoration work. Our restoration and colorization are done by hand by human artists in the United States and are not AI-generated. We do not use your images to build advertising profiles about you.
• No AI or machine-learning training. We do not use your images, or the faces or other content in them, to train, develop, fine-tune, benchmark, or validate any artificial-intelligence or machine-learning model, whether our own or a third party’s. When we refer to “improving our craft,” we mean human-led activities such as training and evaluating our artists, quality review, developing color references and manual techniques, and documenting internal style guidance, not machine-learning model training. Where we study completed work to improve, we use de-identified or aggregated material wherever possible, and we never use the sensitive characteristics an image may reveal to profile you.
• Confidentiality and access. Access to your images is limited to personnel and service providers who need it to perform or support the service, each bound by confidentiality obligations, and access is logged.
• Storage and security. We store your images using reasonable technical and organizational safeguards, including encryption in transit and at rest (see Section 13).
• Retention and deletion. We keep your images only for the limited period described in Section 12, generally deleted or de-identified within ninety (90) days after we deliver your final restored file or after the revision/guarantee window closes, whichever is later. You may ask us to delete your images sooner, and we will do so unless we are required to retain a specific copy by law or to resolve a pending dispute.
• No sale or sharing. We never sell your images or their contents, we never “share” them for cross-context behavioral advertising, and we never disclose them for any advertising purpose.
• Sensitive characteristics and opt-in consent. Photographs can reveal characteristics that privacy laws treat as sensitive (for example, apparent race or ethnicity, religious observance, or a health-related setting). Before we process the contents of an image that may reveal such characteristics, we ask you for a separate, unbundled opt-in at the point of upload or submission, a distinct check-box and attestation, apart from your acceptance of our general Terms, and we keep a record of that consent. We do not treat the mere act of uploading as your consent. You can withdraw that consent and ask us to delete the image at any time (see Section 17).
• Portfolio and marketing use only with opt-in permission. We will not publish, display, or otherwise use your restored images (including “before-and-after” comparisons) in our marketing, website, social media, or portfolio unless you have given us separate, affirmative, opt-in permission to do so. Because the person shown in a photo is often someone other than you, when you grant that permission you confirm that you have obtained the consent of, and hold the necessary rights and permissions from, every identifiable living person shown (or their authorized representative) to allow public display of their likeness. We may decline to use any image publicly where those rights are unclear. You may withdraw your permission at any time for future use by contacting us, and we will stop using the image going forward (we may be unable to recall materials already printed or distributed).
• Faces and likenesses. Your images may show identifiable faces and likenesses. We handle that content solely to perform the manual restoration you requested. We do not use facial-recognition technology to identify individuals, we do not create biometric templates or “faceprints” from your images, and we do not use your images to build or sell biometric identifiers.
• Images of children. Many treasured photos depict children, sometimes decades ago. We understand that an adult customer is submitting such an image for restoration. We handle images that depict children with the same purpose limits, confidentiality, security, retention, and no-sale commitments described here, and we do not use them for marketing without the customer’s opt-in permission. See also Sections 11 and 15.
• Your responsibilities. You represent that you own the photographs you submit or have the necessary rights and permissions to submit them and to authorize their restoration, and you agree to the acknowledgments and indemnity set out in our Terms of Service. Please keep your own copy of any digital file and, whenever possible, send us a copy or a high-quality scan rather than your only surviving original (see Section 10).

10. Physical Originals You Mail Us, Bailment, Care, and Limitation of Liability

If you mail us an original photograph, we hold it for you with reasonable care while it is with us, but originals can be fragile and irreplaceable, and mailing carries real risk. Please send a copy or a good scan whenever you can, and never mail your only surviving original unless you accept these risks. Our responsibility for loss or damage is limited as described below and in our Terms of Service.

Many customers mail us an original physical photograph. This Section, together with our Terms of Service, governs how we hold and handle those originals and the limits of our responsibility for them.

• Bailment relationship and duty of care. When you mail us an original photograph, we hold it as a bailee for our mutual benefit while it is in our possession, and we will use reasonable care to protect it, consistent with responsible practice for handling fragile, irreplaceable photographs.
• The real risk to irreplaceable originals. Many originals are old, fragile, one-of-a-kind, and impossible to replace. Even with reasonable care, handling, scanning, storage, and shipping carry an inherent risk of loss, damage, or delay, especially in transit through the mail or a carrier, which is outside our control.
• Send copies; protect your only original. Whenever possible, upload a digital scan or send us a copy rather than an irreplaceable original. Please do not send us your only surviving copy of a photograph unless you accept the risks described here. You are responsible for keeping your own copy of any image.
• Shipping to us and back. You choose how to send your original to us and bear the risk of loss or damage while it is in transit to us; we recommend a trackable, insured shipping method. We return mailed originals only when you have selected and paid for return, and only to the address you provide. We are not responsible for a carrier’s acts, delays, loss, or damage in transit either to us or on return.
• Limitation of liability. To the maximum extent permitted by law, our total aggregate liability for loss of or damage to any physical original you mail us, whether occurring in transit, handling, scanning, storage, or return, and regardless of the legal theory, is limited to the greater of (a) the amount you paid to us for the affected order, or (b) US $100. Because the sentimental and historical value of an irreplaceable photograph cannot reasonably be measured or insured, this limit reflects the value of our services and not the personal value of your photograph, and we do not accept liability for that irreplaceable value. We are not liable for loss or damage caused by the mail or a shipping carrier, by a defect or fragility already present in the original, or by events beyond our reasonable control.
• Insurance and valuation. We do not separately insure mailed originals for their sentimental or irreplaceable value, and we do not offer a declared-value or excess-valuation option. If you want protection beyond the limit above, please keep your original and send a copy, or arrange your own insurance through your shipping carrier.
• Service results. Restoration and colorization are skilled manual work, and results depend on the condition of the source photograph. We recover and repair what is present in your photograph; we do not invent a face or fabricate details that are not there. Beyond our “Love It or Your Money Back Guarantee” and free revisions (described in our Refund & Returns Policy), we do not guarantee any specific outcome.

These bailment, limitation-of-liability, and valuation terms are part of, and are stated in more detail in, our Terms of Service, which you accept when you place your order and upload or mail us your photographs. If any part of this limitation is held unenforceable, the remainder still applies, and our liability remains limited to the greatest extent the law allows.

11. Individuals Depicted in Your Photographs

The photos you send us often show other people, family, friends, ancestors. Those people are the subjects of the images. We use whatever is in your photo only to do your restoration and then delete it on our schedule, and we rely on your confirmation that you have the right to submit the image.

The people shown in a photograph you submit are individuals whose personal information, and sometimes sensitive characteristics and facial images, appears in that image. We process that content only to perform the restoration you requested, and we then delete or de-identify it as described in Section 12. We do not identify the people in your photographs, build biometric templates from them, or use the images to contact anyone.

• Your authority. Because we receive these images from you and not from the people shown, we rely on your representation that you own the photograph or have the necessary rights, and that you are authorized to submit it and to authorize its restoration (see Section 9). You agree to the indemnity in our Terms of Service for claims arising from the content you submit.
• Lawful basis (EEA/UK/Switzerland). Where European data-protection law applies, our lawful basis for processing the personal data of individuals depicted in a submitted photograph is the legitimate interests of MemoryCherish and our customer in providing the requested restoration of the customer’s own photograph (Article 6(1)(f) GDPR), together with, for any special-category content, the explicit consent obtained from the customer at upload (Article 9(2)(a) GDPR) and the customer’s confirmed authority to submit the image.
• Indirect collection (Article 14 GDPR). Because we obtain these images indirectly from our customer rather than from the individuals shown, providing individual notice under Article 14 GDPR to each depicted person would be impossible or would involve disproportionate effort. This Policy serves as our transparency notice for those individuals, and we strictly limit our use to fulfilling the order and then deleting or de-identifying the content.

12. Data Retention

We keep information only as long as we actually need it, then we delete or de-identify it. Your photographs are kept for a short, defined window and then removed.

We retain personal information only for as long as necessary to fulfil the purposes described in this Policy, unless a longer retention period is required or permitted by law. In deciding how long to keep information, we consider its nature and sensitivity, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it, whether we can achieve those purposes by other means, and our legal, tax, accounting, and dispute-resolution obligations. We apply the following retention periods and criteria:

• Your images (uploaded digital files and scans of mailed originals) are retained only as long as needed to complete your order and any revisions, provide support, and honor our satisfaction guarantee, and in any event are deleted or de-identified within ninety (90) days after we deliver your final restored file or after the revision/guarantee window closes, whichever is later, unless you ask us to delete them sooner (which we will honor), or we must keep a specific copy to comply with law or to establish, exercise, or defend a pending legal claim. Physical originals you mailed are returned to you (if you selected return) or handled at your direction; we do not keep physical originals indefinitely.
• Order and transaction records are retained for the period required by applicable tax, accounting, audit, and legal obligations, typically up to seven (7) years after the transaction.
• Support and communications records are retained as needed to handle your matter and for up to twenty-four (24) months afterward, unless a longer period is required for a dispute or legal obligation.
• Marketing preferences, consents, and opt-outs are retained for as long as needed to honor your choices; records of your opt-outs and deletion requests are kept as long as necessary to keep honoring them.
• Cookie and similar data is retained for the lifespan of the relevant cookie or as described in our cookie tool, generally no longer than twenty-four (24) months.

When we no longer need personal information, we delete it, or de-identify or aggregate it so it can no longer reasonably be associated with you.

13. How We Protect Your Information; Data-Breach Notification

We use reasonable safeguards, including encryption of your photos both in transit and at rest, to protect your information. No system is perfectly secure, so if a breach affects you we will notify you as the law requires, and we ask you to help keep your information safe. Nothing here takes away your legal rights.

We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information, including your images, against unauthorized access, use, alteration, disclosure, loss, or destruction. These measures include access controls and access logging, limiting access to personnel and providers who need it, secure storage practices, and encryption of your uploaded and scanned images both in transit and at rest. We handle physical originals with care while they are in our possession, as described in Section 10.

No security program is impenetrable, and no method of transmitting or storing data can be guaranteed to be one hundred percent secure; we therefore cannot guarantee absolute security. This statement does not waive, limit, or reduce any obligation we have to maintain reasonable security, and it does not waive or limit any right you have under applicable law. Please use a secure connection when you upload images, keep your own copy of any file, and contact us promptly at the details in Section 22 if you believe your information or your order has been compromised.

Data-breach notification. If we experience a security incident that compromises your personal information, we will investigate and will notify you and the appropriate authorities as, and within the timeframes, required by applicable data-breach-notification laws, including state breach-notification statutes and, where applicable, the GDPR and UK GDPR.

14. International Data Transfers

We operate from the United States. If you contact us from another country, your information will be processed in the U.S., and we use appropriate safeguards where the law requires them.

MemoryCherish is based in the United States, and we and our service providers process personal information in the United States and potentially in other countries where we or they operate. If you access the Services or send us information from outside the United States, you understand that your information will be transferred to, stored in, and processed in the United States, where data-protection laws may differ from those in your jurisdiction.

To the extent we transfer personal information from the European Economic Area, the United Kingdom, or Switzerland to a country that has not been recognized as providing an adequate level of protection, we rely on appropriate safeguards required by applicable law, such as the European Commission’s Standard Contractual Clauses (and the UK Addendum or Swiss equivalent, as applicable), together with supplementary measures where needed. You may request more information about these safeguards using the contact details in Section 22.

15. Children’s Privacy

Our Services are for adults 18 and older. We don’t knowingly collect information from children. Old family photos often show children, and we handle those images with the special care in Sections 9 and 11. When you order, you confirm you’re an adult.

The Services are intended for and directed to adults aged 18 and older. When you place an order or upload a photograph, you affirm that you are at least 18 years old; we ask for this age affirmation at the point of order and upload.

• Children under 13 (COPPA). We do not knowingly collect personal information directly from children under 13. If we learn that we have collected personal information directly from a child under 13, other than content within a customer-submitted photograph, we will delete it in accordance with the Children’s Online Privacy Protection Act (COPPA).
• Consumers aged 13–15. We do not knowingly “sell” or “share” the personal information of consumers under 16 years of age, and we would not do so without the opt-in consent required by law.
• Photographs that depict children. Old family photos often show children, sometimes taken long ago. When an adult customer submits an image that depicts a child, we handle that image under the purpose limits, confidentiality, security, retention, no-sale, and opt-in-marketing commitments in Sections 9 and 11, and the customer represents that they have the authority to submit it.

If you believe a child under 18 has provided us with personal information directly, or that we hold a child’s information other than within a customer-submitted photograph, please contact us at the details in Section 22 and we will take appropriate steps to delete it as required by law.

16. Automated Decision-Making

Real people do the work here. We don’t use automated systems to make decisions about you that have legal or similarly significant effects, and human artists, not algorithms or AI, restore your photos.

We do not use automated processing, including profiling, to make decisions about you that produce legal effects concerning you or that similarly significantly affect you, and we do not engage in that kind of automated decision-making without meaningful human involvement. Consistent with the nature of our business, your photo restoration is performed by human artists, not by automated or AI systems, and we do not use your images to train any AI (see Section 9). We may use routine automated tools for security, fraud prevention, and website analytics, but these do not make significant decisions about you without human review.

17. Your Privacy Rights and How to Exercise Them

Depending on where you live, you may have rights to see, correct, delete, or get a copy of your information, to opt out of certain uses, to limit use of sensitive information, and to appeal if we say no. Here is how to ask, and we won’t treat you unfairly for asking. Because your photos are so sensitive, we verify your identity carefully before we release copies of them or delete them.

Depending on where you live and the laws that apply to you, you may have some or all of the following rights. Regional details are in Section 18.

• Right to know / access, to learn what personal information we hold about you and how we use and disclose it, and to receive a copy.
• Right to correct, to have inaccurate personal information corrected.
• Right to delete, to have your personal information deleted, including your images, subject to legal exceptions.
• Right to data portability, to receive certain information in a portable, machine-readable format.
• Right to opt out, of any “sale” or “sharing” of personal information, of targeted advertising, and of certain profiling (see Section 7).
• Right to limit the use of sensitive personal information, where applicable law provides it. Although we use sensitive information only to provide the service you requested, and any use to improve our work relies on de-identified or aggregated material, you may still ask us to limit our use of sensitive personal information, and we will honor your request.
• Right to withdraw consent, where we rely on your consent, including for marketing, for processing special-category image content, and for portfolio use of your restored images.
• Right to non-discrimination, we will not deny you services, charge you a different price, or provide a different level or quality of service because you exercised your privacy rights.
• Right to appeal, where applicable law provides it, to appeal our decision on your request (see below).

How to submit a request. You may exercise your rights by emailing us at support@memorycherish.com (please include “Privacy Request” in the subject line) or by writing to MemoryCherish LLC, 30 N Gould St, Sheridan, WY 82801, United States. You may also call us at +1 (307) 218-6920. To opt out of “sale”/“sharing,” you can also use the “Do Not Sell or Share My Personal Information” link or a Global Privacy Control signal (Sections 6 and 7).

Verification. To protect your information, especially your photographs, we take reasonable steps to verify your identity before acting on a request, and we apply a higher standard of certainty before we disclose copies of, or delete, your images or other sensitive information. Because we do not use accounts or passwords, we verify you by matching information we already hold. For most requests, we will ask you to confirm your order number and the email address associated with your order. For requests to access copies of your images, or to delete your images or other sensitive information, we require additional certainty: we will ask you to confirm at least one further data point (such as the approximate order date, the amount paid, or the name on the order) and, where appropriate, to provide a signed declaration confirming your identity under penalty of perjury. We will not email copies of restored images to any address that is not the one associated with the order without this heightened verification. If you no longer have your order number, you can still exercise your rights: contact us with your name, the email address or postal address you used, and any details that help us locate your record, and we will offer an alternative verification path (which may include a signed declaration) so that your rights are not denied. We use information you provide for verification only to verify you.

Authorized agents. You may use an authorized agent to submit a request on your behalf where the law permits. We may require the agent to provide proof of authorization and may require you to verify your own identity directly with us.

Timing. We will confirm that we received your request within ten (10) business days, and we will respond substantively within forty-five (45) days. We may extend that period once by an additional 45 days where permitted, and will let you know if we do. We honor opt-out requests promptly, generally within fifteen (15) business days for opt-outs of sale/sharing/targeted advertising. If you are in the EEA, the UK, or Switzerland, we will respond without undue delay and within one (1) month, extendable by up to two further months for complex requests (see Section 18.3).

Appeals. If we decline your request and the applicable law gives you a right to appeal, you may appeal by replying to our decision or by contacting us at the details above with the word “Appeal.” We will respond to your appeal within the period required by law. If your appeal is denied, you may contact your state Attorney General or applicable regulator, and, in the EEA/UK/Switzerland, you may lodge a complaint with your local supervisory authority.

18. Regional Privacy Supplements

These extra terms apply if you live in California, another U.S. state with a privacy law, Europe/the UK/Switzerland, Canada, or Nevada. Where they apply, they add to, and where the law requires, override, the general terms above.

18.1 California (CCPA/CPRA)

This section supplements our Policy for California residents and is provided under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”). In the past 12 months, we collected the categories of personal information below, from the sources in Section 3, for the business and commercial purposes in Section 4, and disclosed them for a business purpose to the categories of recipients in Section 8. We did not sell or share personal information for money. To the extent our use of advertising cookies constitutes a “sale” or “share” under the CCPA, we treat it as such, and you may opt out as described in Section 7. We provide a “Do Not Sell or Share My Personal Information” link on our websites and process Global Privacy Control signals frictionlessly.

We use sensitive personal information only for purposes the CCPA permits (such as providing the goods and services you requested), and any use to improve our services relies on de-identified or aggregated data. Although this means we are generally not required to offer a right to limit the use of sensitive personal information, we nonetheless honor requests to limit such use, see Section 17. We do not knowingly sell or share the personal information of consumers we know to be under 16 years of age.

Your California rights include the rights to know/access, delete, correct, opt out of sale/sharing and targeted advertising, limit the use of sensitive personal information, and non-discrimination, as described in Section 17. You may make up to two access requests per 12-month period at no charge. You may exercise these rights using the methods in Section 17, including our “Do Not Sell or Share My Personal Information” link and a recognized opt-out preference signal for opt-out requests.

California “Shine the Light” (Civil Code § 1798.83). We do not disclose personal information to third parties for those third parties’ own direct-marketing purposes. California residents may nonetheless request information about such disclosures by contacting us at support@memorycherish.com with “Shine the Light Request” in the subject line.

Notice of Financial Incentive. If we offer a discount or other incentive in exchange for your enrollment in a program that involves your personal information (for example, an email sign-up offer), we will describe the material terms at the point of sign-up, your participation will be voluntary and opt-in, and you may withdraw at any time.

18.2 Other U.S. State Privacy Laws

If you are a resident of a U.S. state with a comprehensive consumer privacy law, including, as applicable, Colorado, Connecticut, Virginia, Utah, Texas, Oregon, Montana, and other states as their laws take effect, you may have rights to confirm whether we process your personal information and to access it, to correct it, to delete it, to obtain a portable copy, and to opt out of “targeted advertising,” the “sale” of personal information, and certain “profiling.” Where your state law provides a right to appeal a decision on your request, you may appeal as described in Section 17. We recognize valid opt-out preference signals, including Global Privacy Control, and process them frictionlessly (see Section 6). We do not sell your personal information for money, and we do not process sensitive data (including the incidental contents of a submitted photo) for purposes beyond providing the service you requested. Where your state requires opt-in consent to process sensitive data, we obtain that consent through the separate, unbundled opt-in we present when you upload or submit your photograph (Section 9), not by inferring it from your use of the Services, and you may withdraw it by asking us to delete the image.

18.3 European Economic Area, United Kingdom, and Switzerland (GDPR)

MemoryCherish is based in the United States and directs its Services to U.S. residents. We do not target our Services to, or intentionally offer goods or services to or monitor the behavior of, individuals in the EEA, the UK, or Switzerland, and we therefore consider ourselves generally not established in, or subject to the GDPR under Article 3(2) in, those regions; for that reason we have not appointed an Article 27 representative. If and to the extent the EU GDPR, UK GDPR, or Swiss FADP nonetheless applies to your personal information, MemoryCherish is the controller. We process it on the legal bases in Section 5, retain it as described in Section 12, and transfer it internationally with the safeguards in Section 14. In addition to the rights in Section 17, you have the rights of access, rectification, erasure, restriction of processing, data portability, and objection to processing (including to processing based on legitimate interests and to direct marketing), and the right not to be subject to solely automated decisions producing legal or similarly significant effects (see Section 16). Where we rely on consent, you may withdraw it at any time without affecting prior processing. We will respond to your request without undue delay and within one (1) month, extendable by up to two further months for complex requests. You have the right to lodge a complaint with your local data-protection supervisory authority; if you are in the UK, you may complain to the Information Commissioner’s Office. To exercise these rights, contact us using the details in Section 22.

18.4 Canada

If you are in Canada, we handle your personal information consistent with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws. We collect, use, and disclose personal information with your consent (express or implied, as appropriate to the sensitivity of the information) and only for the purposes described in this Policy. You may request access to and correction of your personal information, and you may withdraw consent (subject to legal or contractual restrictions) by contacting us at the details in Section 22. You may also contact the Office of the Privacy Commissioner of Canada.

18.5 Washington and Nevada Consumer Health Data

Photo restoration is not a health service, and we do not provide medical, diagnostic, or health-related services. We do not knowingly collect “consumer health data” as defined by the Washington My Health My Data Act, the Nevada consumer health data law, or similar laws, and we do not collect or use your information to identify your past, present, or future health status. If a photograph you submit happens to depict a health-related setting, we treat that content only as part of the restoration you requested under Section 9, and we do not use it to infer or record health information about you, nor do we sell or share it.

18.6 Nevada Opt-Out of Sale (SB 220)

Nevada law (NRS Chapter 603A) allows Nevada residents to direct a covered operator not to make certain sales of covered information the operator has collected. We do not sell covered information as Nevada defines that term (a sale for monetary consideration to a person who will license or sell it to others). Even so, if you are a Nevada resident and wish to submit a request, email us at support@memorycherish.com with “Nevada Opt-Out” in the subject line, and we will process it as required by law.

19. Third-Party Links and Services

Our sites may link to other companies’ sites. Those sites have their own privacy practices, which we don’t control.

The Services may contain links to, or integrations with, third-party websites, platforms, or services that we do not own or control, including payment processors and social-media platforms. This Policy does not apply to those third parties. We are not responsible for their privacy practices, and we encourage you to read their privacy policies before providing them with personal information.

20. Changes to This Privacy Policy

If we update this Policy, we’ll post the new version here with a new date. For big changes that affect information we already hold, including your photos, we’ll give you advance, clear notice, and we’ll ask for your fresh opt-in where the law requires it, instead of relying on your just continuing to use the site.

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we do, we will revise the “Last updated” date at the top of this page and post the updated Policy on our Services. For minor or non-material changes, posting the updated Policy is the notice. If we make material changes, especially changes that affect how we handle personal information we have already collected, including your photographs or other sensitive information, we will provide advance, conspicuous notice (such as by email or a prominent notice on our Services) before the change takes effect, and, where the law requires consent for the new use, we will obtain your fresh opt-in consent rather than relying on your continued use. Except where we must obtain your consent, your continued use of the Services after a non-material update takes effect means you acknowledge the revised Policy.

21. Governing Law

Wyoming law governs this Policy, but nothing here takes away any privacy right your local law gives you, and your local data-protection law always controls where it applies.

Nothing in this Privacy Policy waives, limits, or reduces any right or protection you have under any applicable data-protection or consumer-privacy law, and any such mandatory law controls over any conflicting provision of this Policy, including any choice-of-law term. Subject to that, and except where applicable law requires otherwise, this Privacy Policy is governed by and construed under the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. This provision does not affect the governing-law, dispute-resolution, or arbitration terms in our Terms of Service, which apply to disputes as set out there, including any binding individual arbitration provision, class-action waiver, and opt-out right described in those Terms.

22. How to Contact Us

Questions about your privacy or this Policy? Reach our team any time, we’re glad to help.

If you have questions, requests, or concerns about this Privacy Policy or our handling of your personal information, or if you would like to reach our privacy team, please contact us:

• Email: support@memorycherish.com (please include “Privacy” in the subject line)
• Phone: +1 (307) 218-6920
• Mail: MemoryCherish LLC, 30 N Gould St, Sheridan, WY 82801, United States
• Website: memorycherish.com (including our “Do Not Sell or Share My Personal Information” link)

MemoryCherish LLC is the entity responsible for the personal information described in this Policy. This Privacy Policy should be read together with our Terms of Service and Refund & Returns Policy, and, as stated in Section 21, nothing in it limits any non-waivable right you have under applicable data-protection law.