Privacy policy

PhotoshopCAFE Privacy Policy

PhotoshopCAFE Privacy Policy and Cookie Policy

May 2018

Background:

PhotoshopCAFE understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site AND/OR If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

2. Information About Us
   • Our Site, com, is [owned and] operated by PhotoshopCAFE.com, a California Corporation.
   • Our data protection officer can be contacted at the link at the top of the page
   • We are regulated by the State Of California, United States of America

3. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. What Data Do We Collect?

Some data will be collected automatically by Our Site [(for further details, please see section 12 on Our use of Cookies)], other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

• [Name;]
• [gender;]
• [business/company name]
• [profession;]
• [contact information such as email addresses;]
• [demographic information such as post code and purchase information from our site;]
• [financial information such as credit / debit card numbers;]
• [IP address (automatically collected);]
• [web browser type and version (automatically collected);]
• [operating system (automatically collected);]

5. How Do We Use Your Data?
   • All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
   • We use your data to provide the best possible products and services to you. This includes:
     • [Providing and managing your Account;]
     • [Responding to communications from you;]
     • [Supplying you with email Insert Type of Email e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by clicking the unsubscribe link in all our emails
     • [Analysing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience;]
   • With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email with information, news and offers on Our products AND/OR [services]. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
   • Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
     1. you have given consent to the processing of your personal data for one or more specific purposes; such as processing an order or joining a communications email list
     2. processing is necessary for compliance with a legal obligation to which we are subject;
     3. processing is necessary to protect the vital interests of you or of another natural person;
     4. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
     5. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

6. How and Where Do We Store Your Data?
   • We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an [annual] review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:

[Insert list]

• [Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements. [If We intend at any time to transfer any of your data outside the EEA, We will always obtain your consent beforehand and we have put in place the following safeguards to protect your data:

[When processing Credit Cards, we do not see or store the credit card number on any of our systems, they are processed by a third party (Merchant bank: Bank of America or Paypal)] ]]

• Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
• Steps We take to secure and protect your data include:
  • Encryption on Website with Secure SSL
  • We do not store any credit card or banking information
• Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

7. Do We Share Your Data?
   • We may contract with third parties to supply [products and] services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:

Bank of America, Paypal, Google, +  MailChimp

• [We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.]
• In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8. What Happens If Our Business Changes Hands?
   • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.
   • In the event that any of your data is to be transferred in such a manner, you will [not] be contacted in advance and informed of the changes.
9. How Can You Control Your Data?
   • When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and [at the point of providing your details] AND/OR [by managing your Account]).

10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
    • You may access Our Site without providing any data at all. [However, to make a purchase on Our Site you may be required to submit or allow for the collection of certain data.]
    • You may restrict your internet browser’s use of Cookies. For more information, see section 12 [and Our Cookie Policy Insert Link].
    • You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible services to you.

11. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details by clicking the contact link on this page

12. [What Cookies Do We Use and What For?
    • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to make it possible for you to place an order. For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.
    • By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for tracking browsing behaviour in Google analytics and don’t store any personally identifiable data . For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.
    • All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.
    • [Certain features of Our Site depend on Cookies to function. [USA] and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.]
    • The following first party Cookies may be placed on your computer or device:

• Our Site uses analytics services provided by [Google]. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products andservices offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better a nd more useful experience for you.
• The analytics service(s) used by Our Site use(s) Cookies to gather the required information. [Certain of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below in section 12.10.]
• The analytics service(s) used by Our Site use(s) the following Cookies:

• You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
• You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
• It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.]

12. Summary of Your Rights under GDPR

Under the GDPR, you have:

• the right to request access to, deletion of or correction of, your personal data held by Us;
• the right to complain to a supervisory authority;
• be informed of what data processing is taking place;
• the right to restrict processing;
• the right to data portability;
• object to processing of your personal data;
• rights with respect to automated decision-making and profiling (see section 14 below).

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 15 below.

13. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at The contact us link at the top and bottom of all the pages on this website.  Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

14. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

photoshopcafe.com
80 Reunion
Irvine, CA 92603
United States
[email protected]

Terms of Service

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English/US Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability
Unless otherwise stated, the services featured on this website are available in the United States,  EU , UK  and all countries of the world, except countries banned by the USA or EU. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. They are used to complete the checkout process when you purchase a product from our store.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright and Trademark
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the USA, United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of United States govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

© PhotoshopCAFE 2018 All Rights Reserved

Ordering
When you order from this site, your order is processed with 128 Bit secure encryption and is also PCI complient. If you prefer not to order online, please email us with your phone number and a good time for us to call. We gladly accept American Express, Discover, MasterCard and Visa. Product Guarantee All PhotoshopCAFE products carry a 60 day 100% satisfaction guarantee. We will refund your purchase if you are not completely satisfied. For a physical disk, it must be returned in as-new condition at shippers expense. On receipt of the physical disk, we will issue a credit to your credit card or Paypal account for the full purchase price minus shipping coasts. For a digital purchase, we will issue a gift certificate of the full value of your purchase that can be used towards any qualified product purchase on PhotoshopCAFE.com (3rd party products, don’t qualify).

Sales Tax: California physical disk orders will be subject to 8.0% sales tax. Digital sales are exempt from sales tax.

Shipping
We ship our Products-On-Disc by UPS Ground, 3 Day Select, USPS Priority Mail or First Class Mail. Shipments are at a flat rate. Currently $3.00 Domestic and $10 International. . International orders are shipped by USPS First Class International which travels by air and helps keep transit and import charges to a minimum. Internet orders are processed within 24 hours. Orders are processed on weekdays only.

Licensing
PhotoshopCAFE’s training programs are sold under a Single User License. For Multi-user licensing and licensing policies contact us.

PhotoshopCAFE Anywhere.

What is PhotoshopCAFE ANYWHERE?

This is our new way of serving you with the content that you need, where you need it and when you need it.
For a long time, I have wanted to get you your training in a way that it’s flexible to fit your lifestyle. We didn’t want to just copy what other people are doing, because that isn’t always working.

The reason is we want to look to the future and serve the present. We simply cannot do that while hanging on to the past. I have heard from so many of you, that you no longer have a DVD player in your computer and that most new computers haven’t had a DVD ROM for a number of years.

I have also heard from a lot of you, that you are now wanting to watch your training on tablets and phones. However, you don’t necessarily want to be connected to the internet all the time. You travel on trains in planes, busses, and ubers and want to watch your training there too (Actually this is the best time to learn. Turn your commute into a university).

Another thing, Adobe is doing smaller, incremental updates between major releases. It’s impossible to do a re-run of a DVD each time and send it out. Also, emailing a new download is difficult, and if you miss the email, you would miss the update.

So the solution that we came up with is PhotoshopCAFE ANYWHERE.

This means, in the future, when you buy premium training from PhotoshopCAFE, you can download it to your computer. All the video files are in the clips folder and named in such a way, that they will be easy to use when you copy them to your mobile devices (Through iTunes, or your player of choice). So you can watch them anywhere.

But that’s just part of anywhere. The other part is anytime access. You will have your own control panel, where all your downloads will be listed and you can re-download them, whenever you like.

This means, on certain training, we will be able to drop in updates that you will be able to download them whenever you like and stay up to date.

In fact, if you have purchased a download from us in the past 3 years, just log into your account and your downloads are there now, today!

BONUS. You know those nice bonuses, the Superguides and blending modes ebook.? Yup, you can also download those whenever you like from your account.

Let me show you what you can do. Go to your account and login. (Note, this email list and PhotoshopCAFE account are not the same. If you have made a purchase in the past 3 years, you will have an account at PhotoshopCAFE). If you just want the free bonuses, you can create an account for free at PhotoshopCAFE.

1. Gift Certificates and Vouchers live here

All your free bonuses are here

Re download your training here

This is just the beginning! We have lots of work to do and lots of ideas to expand all of this for you in the future. PhotoshopCAFE is one of the longest-running Photoshop resources in the world, and we plan to be around to serve you long into the future. PhotoshopCAFE ANYWHERE is one way that we can do this.

FAQ:

1. So you are ending DVDs?
After 17 years and pioneering CD and DVD Roms in our industry (yes, we were the first), we have to cut the anchor, DVDs are fast becoming obsolete. However, you will be able to get them at our sister site software-cinema.com (we are launching a new SC site very soon too – with DVDs).

2. I bought a DVD, can it be added to my account?
Unfortunately, there just isn’t a way to do that right now, the man-hours would be enormous to do that.If you have a DVD, you can still copy the digital files from the clips folder to your mobile devices and other computers, so you still have the ability to watch your training anywhere.

3. Is this a subscription?
No, you still buy your training as you need it and some of the courses will come with free updates in between major Adobe updates. Big releases like 2017/2018 will be paid purchases.

4. What about streaming video?
We have had streaming video for 2 years now at academy.photoshopCAFE.com If you have purchased our streaming training courses, nothing has changed for you, just remember that it’s a separate account login. We are looking at adding a streaming option to PhotoshopCAFE in the near future. (Just one exciting feature on its way)

5. I bought a download 4 years ago, 10 years ago. Can it be added?
We can go back 3 years because this is how long we have been using the database solution we have and we are able to import accounts. Before that, we processed everything manually and we didn’t have accounts.

Please also be aware, that there might still be a few little bugs as we sweep up the dust on this big release. Let us know if you find any (please be patient as we fix them).

I hope you are as excited as we are moving forward! This is just the beginning and I’d love to hear what you would like to see here at your CAFE.