Effective Date: February 26, 2007

Introduction

Growing Family First Foto offers in-hospital, infant photography services in U.S. and Canadian hospitals. Its staff takes photographs of newborns with the consent of the mother and with the consent of the hospital, and offers various options for family and friends to view the photos and obtain copies of them. Mothers are also offered a chance to receive additional valuable information, coupons and special offers from the Growing Family Club and those select third parties with whom it has entered into a marketing relationship (“Marketing Participants”), including but not limited to insurance, health care, food, pharmaceutical and educational providers.

Protecting the privacy and confidentiality of our Customers’ Personal Information has always been a fundamental principle of our company. This Privacy Commitment to the Protection of Customer Information (“Privacy Commitment”) describes Growing Family’s commitment to protecting the privacy of its Customers’ Personal Information, including information provided by members of the Growing Family Club.  “Customer,” “Personal Information” and other terms used throughout this Privacy Commitment are defined below. 

The Growing Family Privacy Commitment applies to the collection, storage, use, disclosure, protection, and accuracy of Personal Information collected and controlled by Growing Family. It also applies to all Personal Information held by Growing Family and utilized for the company's business transactions.

To review specific information about Growing Family’s online privacy practices with respect to the various Growing Family web sites, please click here.

The Principles

Principle 1 - Accountability
Growing Family is responsible for Personal Information under its control, including Personal Information disclosed by Growing Family to a third party for data and list processing.

1.1 The Executive Committee of Growing Family is accountable for Growing Family's compliance with the Growing Family Privacy Commitment.

1.2 The Growing Family Director of Compliance oversees Growing Family's compliance with the Growing Family Privacy Commitment.

1.3 Growing Family uses legal agreements to provide a comparable level of protection for Personal Information while an authorized third party is processing the information.

1.4 The management of Growing Family has established procedures to implement the Growing Family Privacy Commitment, including procedures to protect Personal Information; procedures to receive and respond to complaints and inquiries; communications and training programs to provide information to Growing Family's staff about privacy policies and practices; and information for Growing Family Marketing Participants, agents in Growing Family’s Customer Care Center, and Growing Family employees to explain the Growing Family Privacy Commitment.

Principle 2 - Identifying Purposes
Growing Family collects Personal Information for two primary purposes: to ensure the proper fulfillment of Growing Family First Foto and WebNursery orders and to meet the direct marketing and research requirements of the Growing Family Club and its carefully selected Marketing Participants.

2.1 Growing Family provides Customers with information that explains:

• The purposes for which Personal Information is being collected; and
• How the Personal Information may be used or disclosed.

2.2 Growing Family collects Personal Information from the Customer as a result of a Customer request:

• Through orders taken in-hospital by a Growing Family in-hospital representative (i.e., a Growing Family employee or a nurse or volunteer acting on behalf of Growing Family);
• Through online and electronic activity with Growing Family;
• Through telephone, paper and online surveys and contests; and
• Through enrollment in the Growing Family Club program.

2.3 Growing Family collects Personal Information for the following purposes:

• To process Customers First Foto orders including WebNursery requests and Growing Family Club enrollment;
• To charge Customers as appropriate for orders placed;
• To communicate information and special offers from the Growing Family Club and/or Marketing Participants to Customers;
• To better understand and analyze Customers responses, needs and preferences; and
• To develop, enhance, market and provide products and services to meet those needs.

In the course of processing a transaction with you, such as fulfilling a First Foto order, we may share some of your Personal Information with certain entities that we have contracted to process and manage transactions, data management, and communications on our behalf.  Such functions include package deliveries and credit card payment processing.  We require the companies who have access to this Personal Information to protect the information by, for example, using the information only to provide the services we have asked them to provide.

We may use Personal Information to communicate information and special offers from Growing Family and the Growing Family Club.  Growing Family respects the privacy of its Customers when promoting products and services. If you do not wish to receive marketing or promotional communications from us in electronic, printed or verbal format, simply inform us by writing or sending an e-mail to the address provided in Section 10.2.

Growing Family also may share your Personal Information from time to time with its Marketing Participants so that they can inform you about their products, services, rewards and special offers.  If you would like to request that we not share your information with Marketing Participants for such marketing purposes, you may e-mail or write to us at the address provided in Section 10.2.

2.4   If a Customer opts out of receiving marketing communications from Growing Family or the Growing Family Club, and/or if a Customer requests that we cease sharing his/her Personal Information with our Marketing Participants, the Customer may still order products and services from Growing Family.

2.5 At the time Growing Family obtains a Customer's Personal Information, Growing Family informs the Customer of the purpose for the collection of said information.

2.6 Employees of Growing Family who collect Personal Information on behalf of Growing Family are able to provide information that explains the purposes for which it is being collected.

Principle 3 - Consent
Growing Family obtains consent for the collection, use or disclosure of Personal Information, typically at the time of collection. Growing Family makes a reasonable effort to ensure that Customers understand how Personal Information will be used.

3.1 Growing Family provides Customers with information about the way in which Personal Information will be used through printed materials, the Growing Family web sites, and agents in its Customer Care Center.

3.2 Customers can opt-out of the Growing Family Club at any time by writing or sending email to Growing Family, speaking with a Growing Family in-hospital representative, and/or making a verbal opt-out request during telephone conversations with our Customer Care Center.

3.3 Growing Family does not, as a condition of participation in the Growing Family Club program, require a Customer to consent to the collection, use, or disclosure of Personal Information beyond what is required to fulfill the Customer’s request, process an order, enroll in the Growing Family Club, or any other specified purposes.

3.4 A Customer can withdraw consent at any time as per Section 3.2. If a Customer withdraws consent, Growing Family makes the Customer aware of the  significance  of withdrawing consent.

Principle 4 - Limiting Collection
The collection of Personal Information is limited to that which is necessary for the purposes identified by Growing Family. All information collected by Growing Family is gathered directly from the Customer and is never obtained from hospital records or medical files.

4.1 Growing Family does not collect Personal Information indiscriminately. Both the amount and the type of Personal Information collected are limited to that which is necessary to fulfill the Customer’s request, process an order, enroll in the Growing Family Club, or any other specified purposes.

Principle 5 - Limiting Use, Disclosure and Retention
Growing Family does not use or disclose Personal Information for purposes other than as specified in this Privacy Commitment.

5.1 Growing Family does not give, rent or sell Customer lists from the Growing Family Club program to any organization or individual other than its carefully selected Marketing Participants and companies contracted to process and manage Customer transactions, database management and communications, as specified in Section 2.3.

5.2 Growing Family may disclose Personal Information that it collects if, in its opinion, such disclosure is required to comply with legal process, for example, in response to a court order or subpoena.  It may also disclose such information in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, to comply with legal requirements, or as otherwise required by law.

5.3 Growing Family retains Personal Information in accordance with documented guidelines and procedures established by Growing Family. It retains the Personal Information of a Customer as long as the Customer is active or potentially active in the Growing Family Club program or as long as the Customer is in child-rearing and parenting years. If a Customer asks that we no longer send marketing communications, we make the appropriate notation in our database to honor that request.  

Principle 6 - Accuracy
Growing Family makes every effort to keep Personal Information as accurate, complete and up-to-date as possible for the purposes for which it is to be used.

6.1 Growing Family updates Personal Information as it is made available by Customers.

6.2 Customers are responsible for informing Growing Family about changes to Personal Information, as appropriate.

6.3 Growing Family does not routinely update Personal Information unless such a process is necessary to fulfill the purpose for which the Personal Information is collected.

Principle 7 - Safeguards
Growing Family protects Personal Information with security safeguards appropriate to the sensitivity of the Personal Information.

7.1 Growing Family has taken steps to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification with security safeguards appropriate to the sensitivity of the Personal Information. Growing Family protects Personal Information regardless of the format in which it is held.

7.2 The methods of protection for Personal Information include:

• Physical measures, for example, locked filing cabinets and restricted access to offices;
• Organizational measures, for example, employee confidentiality agreements, security clearances and limiting access on a "need-to-know" basis; and
• Technological measures, for example, the use of passwords, firewalls and encryption.

7.3 Personal Information is stored in secure and confidential databases in Growing Family production facilities in U.S. and Canada and at a database management and storage facility in the U.S.

7.4 When Growing Family uses a third party to process information on its behalf, legal agreements require the third party to protect the privacy and confidentiality of the Personal Information. Further, these agreements ensure that the Personal Information is retained only as long as necessary to complete the assigned task and that the third-party organization only uses it for the specified purposes for which it is given.

7.5 Growing Family has appropriate training programs in place and provides employees with information about its policies and procedures for protecting Customers' Personal Information and the importance of maintaining the confidentiality of Personal Information.

7.6 Personal Information is disposed of or destroyed with care to prevent unauthorized parties from gaining access to the information.

Principle 8 - Openness
Growing Family makes specific information about its policies and practices relating to the management of Personal Information readily available to Customer/Member.

8.1 Growing Family is open about its policies and practices with respect to the management of Personal Information.

8.2 Growing Family makes information about its privacy policies and practices readily available to individuals and its Customers/Members through face-to-face interaction with Growing Family in-hospital representatives, through written materials, its Web site (www.growingfamily.com), and through agents in its Customer Care Center. In addition, copies of the Growing Family Privacy Commitment are available to individuals and Customers/Members upon request or can be found at www.growingfamily.com.

Principle 9 - Individual Access

Upon request, Growing Family gives Customers access to their Personal Information held by Growing Family and an account of its use and disclosure.

9.1 Customers can request access to their Personal Information held by Growing Family by writing to Growing Family at the address provided in Section 10.2. Upon request, Growing Family informs the Customer whether or not it holds Personal Information about that Customer, and discloses details of that Customer's Personal Information, including, where available, the source type, its use, and Marketing Participants and research organizations to which it has been disclosed.

9.2 Growing Family may request sufficient information from the Customer including passwords to verify the identity of the Customer and the existence, use and disclosure of Personal Information held by the Growing Family. Growing Family will assist any Customer who informs Growing Family that he or she needs assistance in preparing a request for access.

9.3 Growing Family responds to a request for information within thirty (30) days of receipt of request.

9.4 Growing Family will usually respond to a Customer request for information at no cost to the Customer. However, Growing Family may charge a fee for reasonable costs incurred in responding to more complex requests, provided the Customer is informed of and consents to the fee in advance. Growing Family provides the Personal Information requested to Customer in a form that is generally understandable.

9.5 Growing Family amends the Personal Information contained in the Growing Family databases as required when an individual successfully demonstrates the inaccuracy or incompleteness of the Personal Information. An amendment may involve the correction, deletion or addition of information.

9.6 When it is not possible to provide a list of the specific Marketing Participants and research organizations to which Growing Family has disclosed Personal Information about a Customer, Growing Family provides a list of the Marketing Participants and research organizations to which it may have disclosed such Personal Information about the Customer.

9.7 A Customer may challenge the accuracy and completeness of the Personal Information contained in the Growing Family database and have it amended as appropriate. When Growing Family does not resolve a challenge to the satisfaction of the Customer, the Personal Information relating to that Customer shall reflect the unresolved challenge. If appropriate, Growing Family will transmit the existence of the challenge to third parties.

9.8 If Growing Family is unable to provide access to all the Personal Information it holds about a Customer, it will provide the reasons for denying access to the Customer.

Principle 10 - Challenging Compliance
A Customer may challenge Growing Family's compliance with the above principles with the Growing Family Director of Compliance or any other individual identified by Growing Family who oversees Growing Family's compliance with this Privacy Commitment.

10.1 Growing Family has procedures in place to receive and respond to inquiries about Growing Family's policies and practices relating to its handling of Personal Information.

10.2 Customers should forward inquiries about Growing Family's privacy policies to Growing Family Customer Privacy:

10.3 Growing Family investigates all complaints and responds within ninety (90) business days after receipt of written correspondence. If Growing Family finds the complaint to be justified, Growing Family takes appropriate measures to resolve the complaint.

Definitions
Customer - an individual who placed an order with Growing Family or enrolled as a member in the Growing Family Club and for whom a Growing Family First Foto® account number has been established or is being established in the Growing Family database.

Collect - to gather, acquire, or obtain Personal Information from a Customer. All information is given to Growing Family voluntarily by the Customer, at which time the Customer is given the opportunity to exclude themselves (opt out) from all future services that may be provided by Growing Family and its Marketing Participants. Growing Family does not have access to or collect unauthorized, confidential patient medical information. It is the policy of Growing Family not to collect any data from hospital records. Growing Family prohibits its employees from having access to confidential hospital medical information.

Consent - Customers provide their consent to Growing Family in verbal or written form to take their baby's First Foto, to participate in Growing Family WebNursery® and to enroll in the Growing Family Club. A Customer has the opportunity to opt-out of receiving marketing and promotional communications at any time.

Direct Marketing - direct communications targeted to Customers, including mail, telephone calls, or electronic mail from Growing Family and/or its Marketing Participants.

Personal Information - information about an identifiable Customer recorded in any form. Information includes, but is not limited to: first and last name of Customer, mailing address, telephone number, e-mail address, baby's name, baby's birth date, and other applicable birth event statistics.

Growing Family WebNursery®
Growing Family provides Customers a web page for their baby that is generally linked to the birth hospital's home page. Customers provide consent to this service prior to baby's web page being posted to the WebNursery section of GrowingFamily.com.

Only baby's first name, middle name and last initial are ever displayed on the site. Baby statistics including weight, date of birth and time of birth are displayed on baby's web page. Customers also have the option to password protect their baby's web page using the "Parent's Personalize It" feature within WebNursery. When baby's web page is password protected, only those to whom Customers have given the username and password will have access to view the baby's web page.

Growing Family Club:
The Growing Family Club is a free program available to all Growing Family Customers. Customers receive valuable information and offers from Growing Family Club and its carefully selected Marketing Participants. Registration to join the Growing Family Club is available through a Growing Family in-hospital representative, by completing the online registration form, or by calling the Growing Family Customer Care Center. During the registration, Customers are asked to give Personal Information. This information is used to provide special offers from the Growing Family Club and its Marketing Participants.

Growing Family Marketing Participant - an organization, corporation or business that has an agreement with Growing Family to provide life-stage appropriate offers and discounts to members of the Growing Family Club.

 

The Growing Family® Online Privacy Statement

To review specific information about Growing Family’s online privacy practices with respect to the various Growing Family web sites, please click here.