Terms of Use & Privacy Policy

Please read this privacy policy (the “Policy”) carefully to understand how we use your personal information. If you do not agree with this Policy, your choice is not to use Photolamus.com (the “Site”). By accessing or using this Site, you agree to this Policy. This Policy may change from time to time. If there are any material changes to how your personal information is used, we will notify you. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for update.

OWNERSHIP OF FINAL CARICATURE

All Photolamus Caricatures ordered are 100% Royalty Free to the customer to be used how they like. Photolamus reserves the right to use any caricature and original images supplied in their marketing materials or promotional materials without formal consent of the customer.

PRIVACY POLICY

At Photolamus we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications, meaning - to allow you to buy and share the information you want to share on the Site; pay for products; post reviews and so on; or where we have a legal obligation to do so. We collect information that you provide us, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience. We will not share information that you provide us in the process of the registration - including your contact information - except as described in this Policy. Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. We may use your information to contact you - to provide notices related to your orders, or offer you promotions and general updates. Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information. We believe that you have a right to know our practices regarding the information we may collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Photolamus. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Photolamus account, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of your personal information. You can also learn how to limit sharing of information in this Policy. You can exercise your rights over your personal information, by contacting our customer support at privacy@photolamus.com. More details about the rights applicable to you are in the long version of the Policy.

Your personal information

When you register to the Site we ask you to provide certain personal information, including a valid email address, location, facebook or google account log in details and username. We may collect additional information such as physical address, telephone number or other contact details and additional authentication information, to provide you with the services you need (such as payment or withdrawal of funds, sending physical goods), or to ensure the website integrity (for example, prevention of fraud). In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and may gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We may also collect supplemental information obtained from third parties such as demographic and navigation data. Additionally, in order to improve your online experience at Photolamus, we have implemented impression reporting. While you view our ads, we may gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, url, country/continent from which request made, browser info, device/operating system/operating system version. You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, and by filling out custom request or support forms. Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

• You have provided your consent for us to use your personal information for a specific purpose
• Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased)
• The processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention)
• The processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you or to customize your browsing experience), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate

We will use your personal information for the following purposes

To provide you with quality service and security. For example, we may use the information collected from you to verify your identity. We may also use this information to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time. The information helps us improve our services to you and customize your browsing experience. In addition, this information helps us track any fraudulent activities and other inappropriate activities and monitor content integrity; or to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law. Should you ever deactivate your account with us, we will keep your information for a limited period in order to meet the above purposes. We will ask for your consent before using information for a purpose other than those set out in this Policy. Direct marketing: We may use your personal information to send you direct marketing communications about our products, services or promotions from Photolamus that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements. In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) may be based on your consent. You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication or by sending an email to optout@photolamus.com. We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

How long do we store your information

We apply a general rule of keeping personal information only for as long as is required to fulfill the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes

• As long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge
• we may retain personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law

Sharing Personal Information with Third Parties

How long do we store your information

TERMS

• Processing. All orders are operated within 1 business day. Once you receive a confirmation that your order was operated - the drawing time will start. Any order is randomly sent to the first available painter. If you pay for a smaller number of persons that your photo contains, it's up to the painter to select what persons to draw. You will always have the possibility to add additional persons to the drawing per extra payment.
• Custom. A request for a style, object, background or any other specifics for the Product will imply additional costs
• Photo. It's on the client's behalf to follow Photolamus photo requirements to place an order. If the photo sent by the client is unclear, the client acknowledges that the final result might be not similar with the photo supplied. Any modifications afterwards will be charged accordingly. All images uploaded on Photolamus, as well as delivered drawings, will be stored on our servers for 365 days. After 1 year of storage, all files will be deleted with no option of restoring
• Pricing and Delivery. The final delivery will be executed via the electronic facility identified on the applicable purchase order - mobile app, website, email. If a printed product was purchased - company will print the drawing after customer confirmation. If no feedback is received within 3 days after drawing's delivery - the drawing will be printed and shipped with no confirmation. The buyer is responsible for paying any additional costs such as local duties, taxes, and customs clearance fees. These charges can vary widely and are often based on the price and type of item, package weight and dimensions, origin country, and the taxes, duties, and fees of the destination country.
• Failure or Delay in Delivery. Company shall make commercially reasonable efforts to meet the estimated delivery date and or delivery date specified in the Purchase Order, but shall not be liable for failure to deliver or for any delay or effort in delivery of Product.
• Refunds. Due to the Custom character of the Product, Company will not issue credit to not be obligated to accept and issue refunds for any reason for any Products delivered to the client.
• Modifications. All modifications are subject to additional charge. Any modifications can be requested within one (1) week after the initial delivery date. After the starter prior period, Company has the right to refuse any modification request. NOTE: If you have ordered a printed product for your drawing, you can request modification within 24 hours after the delivery of your drawing to email. If no modification request was received after 24 hours, your drawing will be sent to printing and shipping. No order will be canceled once production or shipping has begun.

CONTENT

• Limits: Our Site is not intended for children under 16 years of age. No one under age 16 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16. Parents and guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 16, we will delete that personal information. If you believe we might have any information from or about a child under 16, please contact us at legal@photolamus.com.
• Content Monitoring: Photolamus.com's content is based on User Generated Content (UGC). Photolamus does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should contact us with a copyright infringement notice. Photolamus looks into reported violations and removes or disables content shown to be violating third party rights. While Photolamus does not and cannot review all content provided to it, and is not responsible for such content, Photolamus reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by Photolamus for the purposes of delivering the offered services. All content provided by a user of this service is the sole responsibility of that user, not Photolamus.
• In order to draw a funny caricature, the painter keeps the right to enhance face's features from the original photo. The painters vision and realization of the caricature is final. The requests about making any changes to the final caricature will be refused. Exceptions is - low level of resemblance - that will be determined by QA Team.