“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.
We will collect the following data about you:
We, either directly or through our Processors, will, use the Personal Data held about you for the purposes stated below:
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.
In addition to the uses identified elsewhere in this Privacy Policy, we, either directly or through our Processors, may use your Personal Data to:
We, either directly or through our Processors, also use information collected through our Products for the following purposes:
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.
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.
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 [email protected], 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.
We may share your Personal Data with third parties in accordance with this Privacy Policy, including:
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:
For more information, please contact us at [email protected].
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.
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.
You have the following rights with regard to your Personal Data:
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 [email protected].
At present, the Websites do not specifically respond to browser do-not-track signals.
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 [email protected]. 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.
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.
Questions, comments and requests regarding our Privacy Policy are welcome and should be addressed to Skylum USA 142 W 57th St, New York, NY 10019, by email to [email protected].
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 July 23 2018.
Updated on: June [...], 2024
Effective on: June [...], 2024
Welcome to the Skylum Reseller Program!
These Terms and Conditions ("Terms"), including Schedules A and B thereto, form an integral part of the Skylum Reseller Program Agreement ("Agreement") comprised of (a) the reseller commitment form ("Form") signed by the Parties, and (b) these Terms.
The Terms are legally binding, so please review them carefully. If you ("Company" or "you") have any questions, please contact us before proceeding.
By signing the Form or participating in the Skylum Reseller Program in any way, including, without limitation, by requesting any Application licenses, using the Skylum Marks or marketing any Application, you acknowledge that you have accepted the terms of the Agreement, including the Form (even if not signed by you) and these Terms.
“Affiliate” means, with respect to any person or entity, any other person or entity that directly or indirectly controls, is controlled by or is under common control with that person or entity.
“Applicable Law” means all applicable laws, statutes, ordinances, rules, regulations, orders, or determinations of any federal, state, or local governmental authority, as well as any valid precedents and case law, and any other legally binding requirements or obligations imposed by any regulatory or self-regulatory body with authority over a Party or the Parties, including without limitation industry standards, codes of practice, and guidelines that have the force of law.
“Applications” means software applications and other related products developed by Skylum and resold by you pursuant to the terms of the Agreement.
"Applications' Copies" means the copies of Applications, Applications codes, Applications download links or any other method of Applications' distribution as the case may be.
“Applications Value” means the wholesale value and cost of the Applications as determined and set by Skylum in the Reseller Price Guide.
“Business Day” means any Monday, Tuesday, Wednesday, Thursday or Friday, excluding United States federal holidays.
“Brand Guidelines” are the Skylum Mark Usage and Brand Guidelines attached as Schedule A, as may be modified from time to time by Skylum in its sole discretion.
“Claim” means any claim, action, audit, investigation, inquiry or other proceeding brought or instituted against a Party and/or one or more of its Affiliates (and/or one or more of its or their respective employees, contractors, agents, directors or representatives) by a person or entity other than: (a) an Affiliate of that Party; or (b) the other Party.
“Company's Copy” means any of your creative materials (including graphics, photos, videos, sounds, animations, text and Company's Marks) used in connection with your advertising, promotion, sale or distribution of Applications.
“Company's Marks” means you trademarks or logos, if any, that may be provided by you to Skylum from time to time.
“Credit” means the amounts prepaid by you to Skylum for the purchase of Applications.
“Intellectual Property Right” means any patent, copyright, trademark, trade dress, trade name, trade secret, patent or any other similar right and any other intellectual property or proprietary right.
"MAP" means minimum advertised price, a mandatory price floor for Applications advertisement by the Company.
"MSRP" means manufacturer suggested retail price.
"Net30" means the payment terms of 30 calendar days from the invoice date.
“Order” means an order placed by you to purchase Applications from Skylum regardless of its form.
“Placements” means Company's advertisement of Applications for resale.
“Purchaser” means your customer that purchases one or more licenses to the Applications from you for its own internal business use, for further distribution to a Recipient which is the employee or agent of such Purchaser.
“Recipient” means an end-user, namely an individual or entity who is designated by you or a Purchaser as the recipient of an Application, pursuant to a license grant by Skylum Cyprus.
“Resale Channels” means the web site(s) (or portions thereof) and other marketing and sales channels (if any) set forth in the “Resale Channels” area of the Form, through which you are authorized to offer and sell Applications hereunder.
"Reseller Price Guide" means the document setting out the Applications prices according to relevant payment plans (e.g., lifetime plan, 12-months subscription, etc.), as well as the Applications' MSRP, MAP.
“Sale” , “sell” , “resale” , “resell” or like terms refer to transactions under which you distributes or provides access to copy(ies) of Applications to Purchasers or Recipients in exchange for payment, and whereby you are licensed by Skylum under the Agreement to engage in such transactions.
“Skylum Marks” means the Skylum trademark, logo and logotype as described in the Trademark Usage and Brand Guidelines, as well as any other mark or logo of Skylum furnished by Skylum to you for use in connection with Applications.
“Skylum Materials” means (a) the Skylum Marks; and (b) all other user manuals, training materials, product descriptions, specifications, brochures, technical manuals, policies, requirements documents, supporting materials and other information provided by Skylum to you, regardless of format.
“Territory” means the country or countries identified in the Form.