SKYLUM PRIVACY AND COOKIES POLICY

“Skylum” is a trading name of Shinyfields Limited, a Cyprus company with registration no. HE 256351 and an address at Avlonos 1, Maria House, 1075 Lefkosia, Cyprus, which operates websites itself and through certain affiliates, including Skylum Software USA, Inc., a Nevada corporation and Photolemur, Inc., a Delaware corporation (collectively, “Skylum”). We take your privacy very seriously and are committed to protecting and respecting it.

This privacy and cookies policy (“Privacy Policy”) governs data collection, processing and usage practices of Skylum. Please read it together with the applicable product end user license agreement for the Skylum software product you received, the terms of use of any Skylum service to be provided to you, as well as the terms of use for any Skylum website you have visited. The Privacy Policy sets out the basis on which any Personal Data (as defined below) collected from you will be processed by us. You may provide Personal Data through your use of any website where this Privacy Policy is posted (a“Website”), or through your downloading, accessing, and/or use of, any Skylum software, applications, SaaS products, third party products or applications we make available for purchase, access and/or use, and codes or trial versions of our products or those of our suppliers (“Products”). This Privacy Policy also describes your choices regarding use, access and correction of your Personal Data. If you do not agree with the data practices described in this Privacy Policy, you should not use the Website or Products.

For European Union (“EU”) users, this Privacy Policy is subject to the provisions of the General Data Protection Regulation (“GDPR”) and other applicable privacy laws. Under the GDPR, Shinyfields Limited is a data “Controller”, you are a “Data Subject” with certain protected privacy rights concerning your Personal Data, and Skylum may use“Processors” to the extent necessary to provide you with the Products and related services described herein.

Skylum will take commercially reasonable steps to maintain compliance with GDPR requirements. Any Processor shall be required to process Personal Data in accordance with its respective agreement with the Controller.

If you wish to comment or ask questions regarding this Privacy Policy, please write to privacy@skylum.com.

This Privacy Policy does not apply to third party websites that you may be able to access via links on the Website, links within Products and/or activities offered by third parties. It does apply to Skylum’s use of Personal Data which is collected when you download Products through any website of an authorized provider or authorized reseller. However, Skylum is not responsible for the collection or use of your Personal Data by any third party when you use other websites.

TOPICS COVERED:

The following explains our views and practices regarding your Personal Data.

DEFINITIONS

“Anonymous Data” means information that is not associated with or linked to your Personal Data. We may create Anonymous Data from (i) automatically gathered information or (ii) Personal Data, but after excluding information (such as your name) that may identify you.

“Personal Data” means information that you voluntarily submit to us which may identify you (or for business users, an end user) as an individual, such as your name, e-mail address, phone number, postal address, and similar information about yourself or your business. Personal Data can also include information about transactions, both free and paid, that you enter into on our Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, plus information about you that we may obtain from service providers.

Personal Data also includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual.

“Navigational Information” refers to information about your computer and your visits to our Website, such as your IP address, geographical location, browser type, length of visit and pages viewed.

“Payment Information” includes any credit or debit card, banking or other account information you submit when making a purchase. When you purchase a Product from us, we collect and process payment information from you using third party PCI-compliant service providers.

“Sensitive Information” includes credit or debit card numbers, bank accounts, any government ID numbers or licenses, employment or health information, and the like. Except for Payment Information, we will not collect any Sensitive Information from our users.

YOUR DATA THAT WE COLLECT AND OUR SOURCES OF THAT DATA

We will collect the following data about you:

  • Data you give us. You give us Personal Data:

    • by filling in forms on the Website. For instance, you give Personal Data when we create a user profile for you that enables access to Products or any services provided by us under a subscription agreement;
    • when you download Products;
    • if you agree to receive marketing communications from us;
    • if you ask to receive personalized online content;
    • when you report a problem with the Website or Products;
    • if you complete a survey or provide comments, opinions or feedback, for example, about Products or the Website;
    • if you contact or correspond with us for any other reason, for example, to find out more about a product or any support services we offer;
    • when you transmit to us or upload content including, but not limited to: photographs, opinions, comments, and other communications; or
    • when you apply for a job with us.
  • Data we collect about you. When you visit the Website or use Products we will automatically collect the following Personal Data and Anonymous Data:

    • technical information, including the type of device and its unique device identifier you use or access the Website or Products with, the Internet Protocol (IP) address used to connect your device to the Internet, any login information, browser type and version, time zone, browser plug-in types and versions, operating system, mobile network information and platform;
    • information about your visit to the Website including the full Uniform Resource Locators (URLs), clickstream to, through and from the Website or Products (including date and time), pages you viewed, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
    • information about your use of Products and Website including the services that you have viewed, the duration spent using those services and data files uploaded to Products; and
    • usage reports in relation to use of Products, including user activity.
  • Data provided by the Organization. For business users, the organization you work for or represent (the “Organization”) will give us information when:

    • Signing up to Products to enable us to create a user profile so that you (and/or your end users) may access Products under a subscription or enterprise agreement. This information may include your name, company email address, job title, team, location, end user information and any other information your Organization designates for collection.
  • Data we receive from Third Parties. We may receive Personal Data about you from third party sources including:

    • Business partners with which we offer co-branded services or engage in joint marketing activities.
    • Resellers and distributors of Products and products compatible with Products.
    • Social media websites and social media applications.
    • Other third party sources such as search engines, certification bodies, regulatory bodies, risk assessors, online data providers, and industry journals.

PURPOSE AND LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA

We, either directly or through our Processors, will use the Personal Data held about you for the purposes stated below:

  • To fulfill a contract, or to take actions connected to a contract. This applies if you have registered to use Products (whether paid, or as a free trial) or any Website. This includes:

    • Providing you with those Websites and Products that you registered to use, and any other services or products that you have requested, using information you provided to us as well as details of what we are providing to you (e.g., Product name, version, software keys, and other technical and non-technical details).
    • Verifying your identity and doing what is necessary to enable us take payments from bank, credit/debit cards or other payment source (e.g., PayPal), using a third party payment processing and online order fulfillment processor.
    • Sending necessary communications by e-mail or other means, for example, related to payments or expiration of a subscription.
    • Providing customer service or support.
  • As required to conduct our business and pursue our legitimate interests, in particular:

    • Providing you with the Websites and Products you registered to use and any other products and services you have requested, or that your Organization has requested you register for or use, with use of information you or your Organization provided to us as well as details of what we are providing to you or your Organization (e.g., Product name, version, software keys, and other technical and non-technical details).
    • Improving security of the Websites and Products, and identifying and preventing fraud and software piracy.
    • Investigating and responding to any comments or complaints that you may send us directly or through social media.
    • Identifying and fixing any problems encountered by users of our Websites and Products, such as correcting unexpected errors and known issues.
    • Analyzing your use of the Websites and Products and measuring their effectiveness so that we may engage and retain more users. We have a legitimate interest in better understanding how they are being used, improving how the Websites and Products are presented, and the manner in which users engage with them.
    • Sending you information about Products and other services, special offers and similar messages, and sharing your information with third parties for their own marketing purposes (but only where your consent is not required).
    • Using automated systems (including machine learning) to analyze the way you use the Websites and Products, in order to improve our services and the user experience (but only where your consent is not required).
    • Conducting surveys and other market research to collect and analyze information about our customers, their interests, the effectiveness of our marketing campaigns, and customer satisfaction (but only where your consent is not required).
    • Checking the validity of any payment information you have submitted, such as bank account or credit/debit card number, or other payment method that you have submitted (e.g., PayPal), in order to prevent fraud, noting that we use third parties to resell our Products, process payments and/or fulfill orders, and that they have their own privacy policies which may be in effect with regard to your transaction.
    • For business users, using information provided to Skylum by your Organization in accordance with our agreement with the Organization, which may include all or some of the following: your name, name of the Organization, job title, team, Organization address, Organization phone number and Organization email address, Organization, end user information, or bank, credit or debit card or other payment details which have been provided to us. We may use any of this information for any of the purposes identified here as being useful or necessary in conducting our business and pursuing our legitimate interests.
    • Using information in connection with legal claims, compliance, regulatory and investigative purposes, including disclosure of information as required by law enforcement authorities or any litigation.
  • Provided you have given us your consent:

    • Sending you information about Products and new products and services of ours or our business partners, special offers and similar information, and sharing your information with third parties for their own marketing purposes (where your consent is required).
    • Placing cookies, pixels, beacons and using similar technologies on our Websites, Software Products or in e-mail communications, in accordance with our Cookies Policy, and using the information provided to us when those technologies are used.
    • Using automated systems (including machine learning) to analyze the way you use the Websites and Products, in order to improve our services and the user experience (where your consent is required).
    • Conducting surveys and other market research to collect and analyze information about our customers, their interests, the effectiveness of our marketing campaigns, and customer satisfaction (where your consent is required).
    • At other times when we ask you for consent, we will use the information for the purposes which we explain at that time.
  • For legal reasons:

    • Responding to requests by government or law enforcement authorities conducting an investigation.
    • To detect, prevent, or otherwise address fraud, security or technical issues and software piracy (e.g., to confirm that software is genuine and properly licensed).

Where we have a legal basis to use your Personal Data without consent (as we have described above), this policy fulfils our duty to process Personal Data fairly and lawfully, given the nature of our relationship with you, by giving you notice and an explanation of the way in which your Personal Data will be used. If consent is required for our use of your Personal Data, then by checking or ticking the consent box or otherwise communicating affirmatively with us, you consent to use of that Personal Data for the purposes covered by the specific consent you gave.

Please note that we may create, collect, use and share non-personal Anonymous Data in connection with the Website or Products.

HOW WE USE YOUR PERSONAL DATA

In addition to the uses identified elsewhere in this Privacy Policy, we, either directly or through our Processors, may use your Personal Data to:

  • improve your browsing experience by personalizing the Websites;
  • promote use of our products or services to you and share promotional and information content with you in accordance with your communication preferences;
  • provide anonymized, statistical information about our users to our business partners;
  • send information to you regarding changes to our Privacy Policy or other legal agreements; or
  • meet legal, accounting, or reporting requirements imposed on us.

We, either directly or through our Processors, also use information collected through our Products for the following purposes:

  • to provide and improve the Products (which may include the detection, prevention and resolution of security and technical issues);
  • to respond to customer support requests; and
  • otherwise in accordance with the Products’ license terms.

We use Navigational Information to operate and improve the Websites and the Products. We may also use Navigational Information alone or in combination with Personal Data to provide you with personalized information about Skylum and its affiliates.

If collected by us, we, either directly or through our Processors, use Payment Information you provide solely to confirm your ability to pay and to collect payment. We also use our Processors, resellers, distributors and third-party service providers to manage payment processing and fulfil orders; you may be required to agree to their own terms when supplying payment and other information to resellers and third-party service providers.

WHEN YOU USE OUR PRODUCTS

We use analytics software to allow us to better understand the functionality of our Products on your computing devices, and may use cookies installed on your computer to facilitate this process. Analytics software may record information such as how often you use the Product, the events that occur within the Product, aggregated usage, performance data, and to identify the source of the application download.

We may send push notifications to the Products from time to time in order to update you about events or promotions. You may turn off notifications from within the Product.

We may link information we store within the analytics software to Personal Data you submit when purchasing Products or interacting with our Website. We do this to improve services we offer you, to share information and marketing materials about our Products and those of others, and to improve our marketing, analytics and site functionality.

MARKETING

With your consent, we would like to provide you with information about products, services and opportunities which may be of interest to you. We, either directly or through our Processors, may provide such information to you by email or through personalized online content and advertising through the Website, social media platforms or our online partners. If you initially consent to receive these materials by ticking the appropriate boxes, you can change your mind at any time by notifying us through privacy@skylum.com., or, if applicable, in the unsubscribe link contained in the relevant marketing communication.

We, either directly or through our Processors, may contact you regarding products of others that may be of interest to you, but we will not provide your Personal Data to other businesses for their marketing purposes.

DISCLOSURE OF YOUR PERSONAL DATA

We may share your Personal Data with third parties in accordance with this Privacy Policy, including:

  • other companies under our control or that are under common control with us may have access to your Personal Data, including Processors, but will adhere to this Privacy Policy;
  • service providers, including Processors (for example, analytics services, payment service providers, order fulfilment partners, software developers, IT support service providers), business partners, suppliers and sub-contractors, for the performance of any contract we enter into with you, or who provide you with marketing communications;
  • analytics and search engine providers that assist us in the improvement and optimization of the Website or Products;
  • government or other law enforcement agencies, in connection with an investigation of unlawful activities or for other legal reasons (includes your location information);
  • if we sell any business assets or receive loans or investment into our business, we may disclose your Personal Data to the prospective buyer, lender or investor;
  • if Skylum or substantially all of its assets are acquired by another entity, your Personal Data will be disclosed and will be among the transferred assets;
  • to our legal and other professional advisors for the purposes of taking advice; and
  • if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce any contract between you and us or between the Organization or us; or to protect the rights, property or safety of Skylum, our users, or others.

WHERE WE STORE YOUR PERSONAL DATA

Products can be accessed and used worldwide.

We may store and hold data collected in accordance with this Privacy Policy on systems located outside the European Economic Area (“EEA”), and may process it outside the EEA, including in instances where the Organization using Products is not based in the EEA, or where Products are accessed by a user who is not a resident of the EEA.

For EEA Residents Only: If Skylum itself is transferring your Personal Data to others outside the EEA, we will adhere to legal requirements to implement safeguards in relation to the transfer. Transferring your Personal Data to certain countries outside the EEA may not require additional safeguards, for example where the country has the benefit of an “adequacy decision” issued by the European Commission. If there has been no adequacy decision for the country (as is the case for the USA), that means that the laws of these countries are not deemed to provide adequate protection for your Personal Data. In those circumstances, we may implement any mechanism that is approved under data protection laws to ensure that your Personal Data is treated by those third parties in a way that is consistent with EU, Swiss and UK laws on data protection. These measures could include the following:

  • ensuring that the recipient is certified under the EU-US Privacy Shield; and/or
  • implementing EU GPDR standard contractual clauses with the recipient.

For more information, please contact us at privacy@skylum.com.

SECURITY

All information you provide to us is stored on secure servers. We use technical and organizational measures to safeguard your Personal Data.

If you have a user name and a password which enable you to access Products, you are responsible for keeping these access details confidential. Please do not share your user name or password with anyone.

Along with anyone with whom we share your Personal Data, we maintain appropriate technical and organizational measures for an appropriate level of security in respect of all Personal Data we process. However, the transmission of information via the internet is not completely secure. While we take reasonable measures to protect your Personal Data, we cannot guarantee the security of data transmitted to the Website or Products, and you acknowledge that any transmission of data is at your own risk. Once we have received your information, we use procedures and security features which are appropriate to the type of Personal Data you have provided to make reasonable commercial efforts to prevent unauthorised access or inadvertent disclosure.

RETAINING PERSONAL DATA

Even if you request that we erase your data, we may still need to keep it under some circumstances, or may keep it as Anonymous Data.

We will only retain your Personal Data for as long as necessary to fulfil the purposes for which we collected it, which includes satisfying any legal, accounting, or reporting requirements imposed on us. To determine the appropriate retention period for Personal Data, we consider the amount, nature, the basis of processing, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If we anonymize your Personal Data so that it can no longer be associated with you, we may use such information without further notice to you.

If we are processing Personal Data as part of a Subscription Agreement and you have not agreed that we may use your data for marketing purposes, we will retain your Personal Data on record for no more than the duration of the Subscription Agreement and 6 years thereafter.

YOUR RIGHTS

You have the following rights with regard to your Personal Data:

  • Access. You have the right to access data we hold about you. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Rectification or erasure. You have the right to request that we rectify or delete any Personal Data that we hold about you, unless we have the legal right to retain it, and you may withdraw your consent to our use of your Personal Data. This right does not extend to non-Personal Data. Further, if you request that we erase certain Personal Data required for use of a Product or to enable us to provide services to you, you may no longer be able to use the Product or receive the services. Finally, we will likely need to retain your Personal Data to enable us to carry out any contract with your Organization, and your rights under applicable law to request erasure may be limited accordingly.
  • Restriction. You also have the right to restrict us from processing your Personal Data if the data is inaccurate, the processing is unlawful, or we no longer need your Personal Data for the purposes for which we hold it.
  • Data portability. If the legal basis that we rely on for processing your Personal Data (as we describe in the section “PURPOSE AND LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA”) is either consent, or the performance of a contract with you, or if your Personal Data is being processed automatically then, to the extent feasible and that it does not adversely affect the rights of others, you have the right to ask us to provide you with the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format. This could include data that we hold that results from observation of your use of the Websites or Products.
  • Object / change of preferences. You have a right to request that we stop processing your Personal Data where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Data for direct marketing purposes. For example, if you have given your consent to receive updates from us, but have changed your mind, you have the ability to opt out from receiving future marketing communications by clicking the relevant link in any communication you receive, or by contacting us directly.
  • Unsubscribe From Our Communications. You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, updating your communication preferences, or by sending us email us at privacy@skylum.com. Customers may not opt-out of receiving administrative emails related to their account with us or the Products. Please allow at least 3 working days for opt-out request processing.
  • Complaints. If for any reason you are not happy with the way that we have handled your Personal Data, please contact us. If you are still unsatisfied, you may make a complaint to the Office of the Commissioner for Personal Data Protection of Cyprus.

Please note that the rights mentioned above do not extend to non-Personal Data.

If you would like to exercise any of the rights mentioned above, please email us at privacy@skylum.com.

DO NOT TRACK

At present, the Websites do not specifically respond to browser do-not-track signals.

Cookies pixels, and other technologies (collectively, “cookies”) are small files that contain information which is transferred to and from your computer's or mobile device’s hard drive. By clicking “agree” in the cookie consent box when you first access the Website and by continuing to access and use the Website you accept our use of cookies. However, you are free to explore the Websites without providing any Personal Data, if you have disabled cookies in your internet browser. If you have not disabled cookies, our Website may use cookies to track your use of the Website and collect Navigational Information.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the Website.
  • Analytical/performance cookies. These allow us to recognize, count the number of visitors, and see how visitors move around the Website when they are using it. This helps us to improve the way the Website works.
  • Functionality cookies. These are used to recognize you when you return to the Website. They enable us to personalize content for you, greet you by name and remember your preferences, for example, your choice of language.
  • Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Why We Use Cookies

We use cookies to recognize your browser, your computer or your mobile device, learn more about your interests, provide you with essential features and services, and for other purposes. More specifically, these include:

  • Recognizing you when you sign in to use our services. This allows us to provide you with product recommendations, display personalized content, and provide other customized features and services.
  • Keeping track of your specified preferences. This allows us to honor your likes and dislikes, such as whether or not you would like to see interest-based ads.
  • Keeping track of items stored in your shopping cart.
  • Conducting research and diagnostics to improve Skylum content, products, and services.
  • Preventing fraudulent activity.
  • Improving security.
  • Delivering content, including ads, relevant to your interests on Skylum sites and third-party sites (see the “Targeted Ads” section below for how we use cookies in serving interest-based ads and how to disable them).
  • Reporting. This allows us to measure and analyze the performance of our services.

Cookies allow you to take advantage of some of the Products’ essential features. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your shopping cart, proceed to checkout, or use any of our products or services that require you to sign in.

Approved third parties may also set cookies when you interact with Products and related services. Third parties include search engines, providers of measurement and analytics services, social media networks, and advertising companies. Third parties use cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on behalf of Skylum.

Targeted Ads

We may also use cookies in connection with a third party ad network to either display advertising on our Website or to assist with and track our advertising on other sites and services. Our ad network partners use cookies and web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you do not wish this information to be used for the purpose of serving you targeted ads, you may opt-out by contacting us as privacy@skylum.com. Please note this is not an opt-out with regard to all advertising, and you may continue to receive generic non-targeted ads.

Managing Cookies

You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

For additional, more detailed information about cookies and how they can be managed and deleted, please visit www.allaboutcookies.org.

CHILDREN AND YOUNG PEOPLE’S INFORMATION

We do not knowingly collect any information from any minors under the age of 16, and we comply with all applicable privacy laws for collecting Personal Data from minors. If you have concerns about this Website or Products, wish to find out if your child has accessed our services, or want us to remove your child's Personal Data from our servers, please write to privacy@skylum.com. If we discover that a child under the age of 16 has provided Personal Data to us, we will make efforts to delete it in accordance with applicable laws.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our Privacy Policy will be posted on this page and when possible, we will also notify you by e-mail. Continued use of the Website and/or Products will signify that you agree to such changes.

HOW TO CONTACT US

Questions, comments and requests regarding our Privacy Policy are welcome and should be addressed to Shinyfields Limited, by email to privacy@skylum.com.

Please also contact us if you would like to update or amend any Personal Data provided to us, or if you believe our records relating to your Personal Data are incorrect.

This Privacy Policy was last updated on 01 Jan 2019.