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Photodex values the privacy of our customers' information, and makes a strong effort to ensure your information is protected.

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Privacy Policy

This PRIVACY POLICY (this "Policy") governs your access and use of this website (as it may be modified from time to time) (the "Site"), which is owned and operated by Photodex Corporation ("Photodex"). This Policy is intended to explain Photodex's privacy practices for the Site, and to provide you, the person accessing or using the Site and any person helping you access or use the Site (collectively, "you" or "your"), with an overview of the following:

  1. The categories of information about you which are collected through the Site;
  2. How such information is collected;
  3. How such information is used;
  4. Who will have access to such information; and
  5. How such information is protected.

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.

  1. ELIGIBILITY.

    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.

  2. A SPECIAL NOTE ABOUT MINORS.

    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.

  3. CATEGORIES OF INFORMATION COLLECTED.

    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:

    • contact information, such as name, and e-mail address;
    • unique identifiers, such as user name, and password;
    • preferences information you provide, such as product or content interests, and product or content settings;
    • billing information, such as credit card information, phone number (for use as part of your registration key when ordering products or services through the Site), and billing address;
    • usage activity about how you interact with the Site, Photodex, and third-party websites, networks and platforms accessed through the Site; and/or
    • computer (or other device you may use to access the Site) and web browser information, such as internet protocol (or IP) address, mobile device id (similar to a website IP address), browser type, referring/exit pages, and operating system.
  4. HOW INFORMATION IS COLLECTED.

    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:

    • Cookies, which are small data files (such as, by way of example only, text files) stored on the computer or device you use to view a website, and which help store user preferences and activity. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major web browsers are set up so that they will initially accept cookies, but you might be able to adjust your computer's, device's or web browser's preferences to issue you an alert when a cookie is downloaded, or to disable the use of some or all cookies on your computer or other devices. Please be advised that if you choose to reject all cookies, then certain areas of the Site might not function properly.
    • Web beacons, which are pieces of code embedded in a website or e-mail to monitor your activity on the website or your opening of the e-mail, and which can pass along information such as the IP address of the computer or devise you use to view the website or open the e-mail, the URL page on which the web beacon is located, the type of web browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer's, device's or web browser's cookies may prevent some web beacons from tracking or recording certain information about your activities. Please be advised that if you disable all such cookies, then certain areas of the Site might not function properly.
    • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user's interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user's computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the website. Please be advised that if you disable any scripts through your web browser or other means, then certain areas of the Site might not function properly.
    • Google analytics, which is a digital analytics service offered by Google Inc. that tracks, measures and generates information about a website's traffic, sales, and similar information, and which is often used for statistical and marketing research.

    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.

  5. USE OF INFORMATION COLLECTED.

    Photodex may use your personal and non-personal information in a variety of ways, such as, for example, to:

    • respond to your questions and concerns;
    • display content based upon your interests and preferences;
    • provide you with updates and information concerning the Site;
    • process your orders and payments;
    • provide you with information about Photodex;
    • provide you with information about third-party businesses, products, and services;
    • improve the Site's functions, content, and features;
    • improve Photodex's products and services;
    • improve Photodex's marketing efforts;
    • assess your needs to determine suitable products and services;
    • conduct research and analysis activities, such as, for example, website traffic, Site usage, and user behavior and activity on the Site;
    • monitor the activities of you and others on the Site for user compliance;
    • protect Photodex's rights and properties; and/or
    • protect the rights and properties of others (which may include you).

    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.

  6. SHARING OF INFORMATION COLLECTED.

    Photodex will not share your personal information with, or disclose your personal information to, any third party, except:

    • when required by law, such as, for example, to comply with a subpoena or other legal process;
    • when Photodex believes in good faith that disclosure 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;
    • to Photodex's privacy administrator(s), legal advisors, and other employees and agents whose duties necessitate the access to or review of your personal information.
    • to Photodex's parent, subsidiary, and affiliated companies;
    • to Photodex's successors and assigns;
    • to third parties who administer or manage the Site or portions thereof, such as, for example, web hosting providers, credit card or other payment processing company(s), and support service providers; and/or
    • with your prior consent to do so.

    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.

  7. THIRD-PARTY WEBSITES, NETWORKS, AND PLATFORMS.

    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.

  8. SECURITY.

    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.

  9. RETENTION, REVIEW AND CHANGE OF INFORMATION COLLECTED.

    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:

    • By e-mail: privacy@photdex.com, with an e-mail subject/reference line of "Your Personal Information"
    • By mail: Photodex Corporation, attn.: Privacy Administrator, Photodex Corporation, 4030 W Braker Ln, Building 2 STE 100, Austin Texas 78759, with a letter subject/reference line of "Your Personal Information".

    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.

  10. YOUR CALIFORNIA PRIVACY RIGHTS.

    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:

    • By e-mail: privacy@photdex.com, with an e-mail subject/reference line of "California Privacy Rights"
    • By mail: Photodex Corporation, attn.: Privacy Administrator, Photodex Corporation, 4030 W Braker Ln, Building 2 STE 100, Austin Texas 78759, with a letter subject/reference line of "California Privacy Rights".

    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.

  11. MODIFICATIONS OF THIS POLICY.

    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.

  12. SEVERABILITY.

    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.

  13. CONTACT US.

    Please direct any questions or comments you may have about this Policy to Photodex by any of the following means:

    1. By e-mail: privacy@photdex.com
    2. By mail: Photodex Corporation, attn.: Privacy Administrator, Photodex Corporation, 4030 W Braker Ln, Building 2 STE 100, Austin Texas 78759
    3. By phone: (512) 419-7000

    The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Policy.

  14. EFFECTIVE DATE.

    The effective date of this Policy is July 22, 2013.

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