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Vistaprint images problem - warning to all users

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Hello

I've been using Vistaprint for loads of things, including brochures, cards, calenders etc. And as such over the years I've uploaded dozens of images onto the site. I remember previously being able to go into my image file and changing/deleting them etc.

I tried to go into the "my images" file on my Vistaprint profile the other day only to find that there was no way to delete any images, despite the fact that they're mine. I contacted Vistaprint Customer services (who are not known for being terrilby helpful) and received a response along the lines of:

"The images that you have used/ordered on your documents cannot be deleted. They will remain in your Account that will be saved".

I was horrified. These are my copyrighted images which I uploaded to their site but I can't delete them - hmmmmm. No where on their website does it say that once images are uploaded they remain on the site permanently.

I complained further and she sent the complaint on to a supervisor who a week later has finally got back to me with the following statement:

"In response to your request to delete images from the "My Images" folder, we reviewed these images and found that almost all of them have been used on ordered products.

At this time, if an image was used on a product that was ordered, we do not have an option to delete the image. Please be assured that your images are safe in your Account on the Vistaprint Website. These cannot be accessed by any other customer, nor will they be used on any product unless they are being ordered by yourself. You are the only customer who has access to your images in your Account.

We apologize for any inconvenience but can assure you that there is no need for alarm or fear regarding your images."

Well, I think she's kind of missing the point somehow. If these are my images I should be able to delete what I want whether they've been used on products or not. It's about intellectual property.

Now - I've tried to find anything on the internet that may shed some light to our legal rights over our images saved on a secondary website, but haven't really had much luck. Does anyone know if I have a legal leg to stand on before I complain further?? :confused: I am going to write back requesting that they delete the images I want removed, as I'm never going to use them again and don't want them on their site, but a legal blurb is always a good friend in a complaint.

Also, if you have a Vistaprint account check to see if you've got the same problem with your account - and then complain. Perhaps many complaining will get them to do something about this - as we used to be able to manage the images and now on longer can.

20 Replies
Posts: 1033
 kvdp
(@kvdp)
Noble Member
Joined: 15 years ago

Well, I've never been a fan of VistaPrint, just because by the time you pay postage etc it's just as easy to get your own cards printed locally by a helpful and flexible small business you can speak to in person.

It's the pretence that VP offer something for free that is irritating - if they told it how it really is then we would look at all our options, but once we are on their website, how many of us bother?

As to the law on your image rights, in the UK data-protection would probably make this quite clear, VP might hide behind all kinds of international confusions over this.

You could ask a legal expert, but how about lean on your consumer voice, and say that if they don't delete your images right now then you will never spend a cent with them again, and moreover you will make a stink on Money-Saving-Expert about how they effectively lie to corner the market and rip off your intellectual property.

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Thanks for the reply. I've only really been using VP for convenience sake, and also as there weren't any good local printers near me before (I tried and they were bad). Also I was only ordering in smaller quantities so it was actually more expensive to go with a local guy. However, things are now different and I think I'm with you on the whole being financially better off with a local printer rather than VP. I agree with the whole advertising themselves as free is misleading, as the VAT and extra high postage they whack on is obscene.

With regards to the images, Visaprint now have an office in the Netherlands which deals with all UK business - and according to their T&C VP in the USA are offloading any legal problems to the Netherlands! So, think EU law would work here, but also I'm sure that if you order something in the UK, even if the company are not based in the UK, the UK law still overrides any other.

I've done the whole consumer voice with them over the 3 emails I sent them. They know that they'll always have customers and may a hefty profit so they don't actually care if I take my business away from them (which I am now going to do!). The internet is full of complaints about VP ripping people off, bad customer service etc - and VP really do not care.

This is why I need something more substational set in the law which I can send to them. I've contacted solicitor friends and colleagues in the hope that they can shed light on this too. The ICO weren't all that helpful, nor were citizens advice bureau (unusually).

I'm sure I'll sort it soon, but if anyone comes up with anything please let me know - thanks.

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Energylz
Posts: 16602
(@energylz)
Member
Joined: 21 years ago

THE RULES ARE:
· Data must be processed fairly and lawfully.
· They must be collected for explicit and legitimate purposes and used accordingly.
· Data must be relevant and not excessive in relation to the purpose for which they are
processed.
· Data must be accurate and where necessary, kept up to date.
· Data controllers are required to provide reasonable measures for data subjects to rectify, erase
or block incorrect data about them.
· Data that identifies individuals must not be kept longer than necessary.

Under the European Data Protection policy, you have the right to access the data and "correct" it or have it "erased" if it is innaccurate. Therefore, and based on the above "rules", you could tell Vistaprint that these images are no longer valid or relevant for your business and are no longer "necessary" to be stored on their servers (as you have finished using them, and nobody else can), thus you have the right to ask for their removal.

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Thank you - that's wonderful. I didn't find this on the internet (have been looking for days!!) 😀

Hopefully if they receive this information they will amend their website, so everyone can benefit and amend their images etc.

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Posts: 408
(@holisticbabe)
Reputable Member
Joined: 16 years ago

oh thanks for this, Ive been looking at them last few days for loads of stuff but I think Ill go local now at least till it gets sorted out

paula
xxx

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Celia
Posts: 2201
(@celia)
Noble Member
Joined: 22 years ago

Thank you Giles - for a different work related reason - that is a very useful link/ file.

I am trying to get a correctly worded data protection statement for data we will be storing on a remote server but maybe that is a whole other thread!

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

I didn't get much further with the VP customer services so I've written a long email address to both the President of VP Europe, and copied the CEO onto the email. Not sure what this will acheive, but it's always good to highlight these issues to the "powers at the top". This usually works for me with other organisations.

Will let you all know how I got on.

Thanks again Giles, as your info was a blessing 🙂

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Energylz
Posts: 16602
(@energylz)
Member
Joined: 21 years ago

Will be interesting to see how it progresses. 😉

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Posts: 1489
(@supersub)
Noble Member
Joined: 20 years ago

Good luck with your battle, though - out of curiosity - why is it a problem to have the images stored there?

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Thank you all. After several weeks and numerous emails I have finally managed to get them to delete the images I no longer want. However, in their wisdom, they decided to "keep" 2 images on file that I had used most recently even though I'd asked for them to be deleted! I've replied asking them to delete these too. However, no-one has actually responded to me about the data protection angle of this. I think they were hoping that I'd just disappear once they did what I asked - how little they know me 😉

Basically, what they said was that they can delete images from accounts on an ad hoc basis (so covering their backs regarding data protection) - and this totally contradicts the emails I received at the start of my complaint! I emailed the MD and various directors - and only one had the decency to reply to me and all she said was that she'd look into it and get back to me. I've never heard back from her.

Good luck with your battle, though - out of curiosity - why is it a problem to have the images stored there?

There is no problem with the images being stored on Vistaprint as long as it's secure. The problem is that they then do not allow individuals to manage their own images (ie their own data), and there is no where on the site which mentions how this can be done - this is in breech of the Data Protection laws in Europe. Everyone should be careful about their personal data that is on the internet, how's it's being stored, and having access to it (or knowing how to get someone to amend it) as necessary.

I've asked Vistaprint to put something on their website showing this, as it's not currently clear and again if the Data protection team look into this they could be found to be in breech of the regulations.

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Posts: 4956
(@paul-crick_1611052763)
Famed Member
Joined: 22 years ago

Just a thought!

Have you tried saving a small white square with each file name and upload those to overwrite the ones on the server, I take it you can update the ones on-line?

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Just a thought!

Have you tried saving a small white square with each file name and upload those to overwrite the ones on the server, I take it you can update the ones on-line?

Hi Paul

Once the images have been uploaded (and paid for as you pay for each upload you use) and they are on their servers you cannot do anything with them. You can't update them or amend them in anyway, and they way their servers are means that the small white square probably won't work. As a customer you have no way to access the images to edit, you can only re-use them if you want to order another printing item - and then the image is put on the new leaflet, mug, card etc but can't be taken off your account. - that's the problem.

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Posts: 2
(@canary)
New Member
Joined: 13 years ago

Ok, well I realize this is already more than a year later, but I'm having the same problem with Vista Print as the person in the original post. I signed up with them a year ago to take advantage of one of their "free" offers. I thought their product was pretty good so this year I again took advantage of one of their "free" offers. I'm not quibbling over the nominal additional costs and postage because in the end I feel I probably got my money's worth.

What I DO object to is the inability to manage my portfolio, my albums, my images, my projects, etc. Aside from having to wade through a page of previous "junk", I OBJECT to Vista Print KEEPING my personal/private images AND maintaining a full record of my previous work. Some things you just don't want to be reminded of, you know? And besides, why on earth do Vista Print INSIST on retaining this data on their server when they could free up space for more serious consumers than myself?

Well, I think it's because they probably figure that if they can throw your previous projects, images, etc up in your face every time you visit their site, then there is one more chance that you might order something, hence it makes money for them.

Through a series of correspondence last year and again this year, and after giving me some lame instructions as to how to delete my images (ha ha!), they finally responded to me stating that my images will not and cannot be removed from their website. So now what I'm wondering is, if I request to have my account deleted, for which by the way there is no option either, will my data still be retained even though my account is supposedly "deactivated". One wonders, don't they?

I've used Shutterfly.com and let me tell you, Shutterfly have options that allow you to not only edit your images but you can delete your images, you can delete whole projects and in fact, you can manage your entire portfolio or delete it and change or delete your profile as well.

Let me give one word of advice when ordering online from Vista Print or from anyone... once your order is paid for, don't let them retain your payment information. Go in and delete it.. nobody needs to keep your credit/debit card or bank account number on file. What for? So they can later charge for orders you didn't subscribe to? It's better to input that information separately each time or even better, use PayPal so you have some protection.

Anyway.. Vista Print won't be making any more money off me. Now if only I could convince them of this. Imagine, no option to manage your own stuff or delete your account if you don't want it there anymore! Incredible. There stuff is cheaper than some of the other photo websites but then maybe that's they're way of buying your images off you.

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CalmandClear
Posts: 122
Topic starter
(@calmandclear)
Estimable Member
Joined: 20 years ago

Hi Canary

Sorry to hear you're having the same issue. Keep at them until they delete the files you no longer want.

Below is some information you could use in your emails to the various directors (go to the top!)

On the Vistaprint website under the section "Terms of Use" there is the section "Governing Law" which states the following:

Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is Vistaprint B.V., a limited company organised under the laws of the Netherlands with its headquarters in Venlo, the Netherlands. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Netherlands. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands.


As such, by your own words, access to the site and my information is governed by the laws of the Netherlands. The Netherlands falls under EU laws, and under the European Data Protection Law I have the right to access, correct and erase all of my data.


From the document "Data Protection in the European Union" is the following statement (page 6) which highlights my rights:

THE RULES ARE:

· Data must be processed fairly and lawfully.
· They must be collected for explicit and legitimate purposes and used accordingly.
· Data must be relevant and not excessive in relation to the purpose for which they are processed.
· Data must be accurate and where necessary, kept up to date.
· Data controllers are required to provide reasonable measures for data subjects to rectify, erase or block incorrect data about them.
· Data that identifies individuals must not be kept longer than necessary.



The relevant images on my Vistaprint account are no longer valid or relevant for my business, and are no longer necessary to be stored on your servers as I have finished using them. As such I have the right under this law to have them removed, and to continue to have the right to have any part amended or removed.

I'll also DM you if I can with some other info.

Thanks

Rima

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Posts: 2
(@canary)
New Member
Joined: 13 years ago

Hi, and thanks for the information and advice. I hope others will find it helpful as well.

After numerous email correspondences, I did finally manage to get my account deleted with Vista Print, hence all images gone I expect. It's a shame it had to come to that but I just find it appalling that such a website is so UN-user friendly as to disallow a user control over their own content.

I have since used Shutterfly instead and I find their website completely user friendly with more options for arranging and editing and deleting. And in fact, I found the calendar offered by Shutterfly to be better quality as well.

So yeah, I don't think I would go back to Vista Print, even if I do have to pay a little bit more. 🙂

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Awakening Dawn & Bulimia Hope
Posts: 120
(@awakening-dawn)
Estimable Member
Joined: 17 years ago

Ermm worrying thoughts ..as i recently got some very personal family pictures for each month on a calender offer they did..

So it sounds like I need to go through the palava of having to dispute or delete my account to delete those personal and private family pics which are precious to me !!

That's not a great IP service to the owners given it is we who took the pictures or images designed in the 1st place !!

Lessons learnt I think..:)

Thanks for sharing this ..

with much appreciation

Vathani

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Mike
Posts: 1218
 Mike
Admin
(@mike-2)
Noble Member
Joined: 22 years ago

a little off topic, but this is relating to vistaprint and domain names

We get a few unhappy vistaprint clients come to us for a new website and they are terrible for releasing domain names. Communicating with these people is like banging your head against a brick wall...

If you buy a domain via vistaprint they register all domains names in their own name, so they are the legal owner of the domain, and if you want to cancel and transfer they are just not helpful at all....and there is not a single thing you can do about it unless you take them to court about the ownership.

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CarolineN
Posts: 4760
(@carolinen)
Famed Member
Joined: 16 years ago

a little off topic, but this is relating to vistaprint and domain names

We get a few unhappy vistaprint clients come to us for a new website and they are terrible for releasing domain names. Communicating with these people is like banging your head against a brick wall...

If you buy a domain via vistaprint they register all domains names in their own name, so they are the legal owner of the domain, and if you want to cancel and transfer they are just not helpful at all....and there is not a single thing you can do about it unless you take them to court about the ownership.

Uh-oh :eek:. Not good news at all. Thanks for the warning Mike! So many go into thing without knowing these things.

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Posts: 1
(@pegleg101)
New Member
Joined: 13 years ago

Vistaprint do some fantastic offers, however the quality of some of their stuff isnt great. For things like business cards the qquality can really say something about your business. I used another company called , and there prices werent only a little higher but the quality was heads and shoulders above Vistaprint.

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Posts: 3
(@thanet66)
New Member
Joined: 13 years ago

Problems with internet based print purchases...

I've occasionally found that it's difficult to predict the 'complications' of ordering printed items online, especially when the supplier needs images uploading to do the job. I tend to stick to the old fashioned 'local printer' for most stuff now.

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