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CAREFULLY READ EACH AND EVERY TERM AND CONDITION OF THIS POLICY IN ITS ENTIRETY.
THIS POLICY ONLY APPLIES TO INFORMATION COLLECTED THROUGH THE SITE.
BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE'S USER SUBSCRIPTION AGREEMENT, AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
By accessing or using the Site, you represent and warrant to Photodex that you meet all of the applicable eligibility requirements for access and use of the Site, as those eligibility requirements are set forth in this Policy and/or the Site's User Subscription Agreement.
The Site is not designed for or intended to attract children under thirteen (13) years of age. Photodex does not collect personal information through the Site from any person Photodex actually knows to be under thirteen (13) years of age; and if it acquires such knowledge, then it will delete such information. The foregoing is a description of Photodex's voluntary practices concerning the collection of personal information through the Site from persons under thirteen (13) years of age, and is not intended to be an admission that Photodex is subject to the Children's Online Privacy Protection Act or the Federal Trade Commission's Children's Online Privacy Protection Rules.
Photodex may collect personal and non-personal information about you through the Site. The term "personal information" means information that would allow someone to identify or contact you, such as, by way of example only, your name, your physical address, your e-mail address, your telephone number, or your credit card number. The term "non-personal information" means any information other than personal information that Photodex may collect from you. The categories of personal and non-personal information that Photodex collects from you through the Site may include your:
Photodex may collect personal and non-personal information from you when you register with the Site; when you allow the Site to access, upload, download, import, or export photos or videos found on, or to interact with, your computer (or other device you may use to access the Site) or online media accounts (e.g., your accounts with Facebook, Flickr, SmugMug, Instagram, or 500px, and your accounts with various cloud servers) though such features as "ProShow Web" and "the Gallery"; as a condition to gaining access to certain premium areas or features of the Site; when you order or purchase a product or service through the Site; or when you respond to an online survey or questionnaire through the Site.
In addition, if you or a third party send Photodex a comment, message or other communication (such as, by way of example only, e-mails, letters, facsimiles, phone calls, or voice messages) about you or your activities on the Site, then Photodex may collect any personal or non-personal information provided therein or therewith.
Finally, Photodex may use various tracking, data aggregation, and data analysis technologies, including, for example:
By accessing or using the Site, you acknowledge and agree in each instance that you are giving Photodex permission to monitor or otherwise track your activities on the Site, and that Photodex may use the aforementioned tracking, data aggregation and data analysis technologies.
Photodex may use your personal and non-personal information in a variety of ways, such as, for example, to:
Photodex reserves the right to use your personal and non-personal information when required by law, such as, for example, to comply with a subpoena or other legal process; or when Photodex believes in good faith that such use is necessary or advisable to protect or enforce its rights, protect your safety or the safety of others, to investigate a crime or fraud, or to respond to a government request.
Photodex will not share your personal information with, or disclose your personal information to, any third party, except:
Photodex does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Photodex may freely share non-personal information with its affiliates, suppliers, employees, and agents, as well as with other individuals and entities.
The Site and/or messages sent through or as a function or feature of the Site may contain links to the websites, networks and platforms of various third parties. Photodex cannot control the actions of these third parties. Thus, to the fullest extent permitted by law, Photodex is not responsible for, and you hereby release Photodex from any liability arising from, the collection, use, sharing, storage, retention, or security of your personal and non-personal information by or with such third-party websites, networks and platforms.
When Photodex collects personal information directly from you, it implements security measures to help protect such information. For example, when you provide Photodex with your credit card information to purchase products or services through the Site, Photodex or a third party vendor encrypts the transmission of information over the Internet using secure socket layer (SSL) technology.
HOWEVER, NO METHOD OF TRANSMISSION OVER THE INTERNET, OR METHOD OF ELECTRONIC STORAGE, IS PERFECT OR 100% SECURE. "PERFECT" OR "100%" SECURITY DOES NOT EXIST ANYWHERE. THEREFORE, PHOTODEX CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION; AND YOUR ACCESS AND USE OF THE SITE, AND YOUR OPENING OF ANY COMMUNICATIONS, LINKS, DOWNLOADS OR UPLOADS SENT THROUGH OR AS A FUNCTION OF THE SITE, ARE DONE AT YOUR OWN RISK.
To help maintain the security of your personal information, Photodex asks that you please notify it immediately of any unauthorized access or use of the Site, its features, or its content.
You may request that Photodex no longer use your personal information to provide you with the Site's product(s) and services(s), or to request an opportunity to review and change your personal information collected through the Site, at any time by any of the following means:
For each such request, please clearly state the nature of your request; that the request is related to "Your Personal Information"; your name, street address, city, state, zip code and e-mail address; and whether you prefer to receive a response to your request by e-mail or postal mail. Photodex will not accept any such requests via telephone or facsimile. Photodex is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information up to date and correct.
Pursuant to Section 1798.83 of the California Civil Code, if you are a resident of the State of California and Photodex has an established business relationship with you, then you have the right to request the following: (a) information from Photodex free of charge regarding the manner in which Photodex shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Photodex's sharing of such information with such third parties. Please submit these requests to Photodex by any of the following means:
For each such request, please clearly state the nature of your request; that the request is related to "Your California Privacy Rights"; your name, street address, city, state, zip code and e-mail address; and whether you prefer to receive a response to your request by e-mail or postal mail. Photodex will not accept any such requests via telephone or facsimile. Photodex is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.
PHOTODEX MAY MODIFY THIS POLICY FROM TIME TO TIME. SUCH MODIFICATIONS WILL DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE DATE. PHOTODEX WILL NOTIFY YOU OF ANY SUCH MODIFICATIONS WHICH PHOTODEX DETERMINES TO BE MATERIAL IN NATURE; HOWEVER, IT IS YOUR SOLE RESPONSIBILITY IN EACH INSTANCE TO CAREFULLY REVIEW AND ABIDE BY ALL MODIFICATIONS BEFORE YOU ACCESS OR USE THE SITE. AGAIN, BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE'S USER SUBSCRIPTION AGREEMENT, AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT OF THE SAME IN EACH INSTANCE.
If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority (or, as applicable, an arbitrator or arbitration panel with binding authority), then the remaining terms and conditions shall not be affected, and the court (or, as applicable, the arbitrator or arbitration panel) shall reform the invalidated or unenforceable term or condition to the maximum extent possible so as to affect the intent of this Policy.
Please direct any questions or comments you may have about this Policy to Photodex by any of the following means:
The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Policy.
The effective date of this Policy is July 22, 2013.