CYME Website Legal

PRIVACY NOTICE
END USER AGREEMENT

Last Updated: October 18, 2018

Your Privacy Matters

CYME (“CYME”) is committed to respecting and protecting your privacy. Visitors may access the CYME website while remaining anonymous and without revealing any personal information (except as referred to below under “Information We Collect Automatically”). Occasionally, and in order to provide relevant, desired information concerning products or services, CYME may request personal information from you. As a CYME website user or registrant, you are always entitled to ask any questions about this Privacy Notice by contacting:

CYME
Attention: Privacy Request
493 chemin des chenes
34160 Castries
France

Alternatively, you can contact us at privacy@cyme.io. CYME and its future subsidiaries are the data controller of your personal information.

Because CYME is committed to protecting your privacy, CYME will not sell, rent or otherwise disclose this information to any third party, except as described in this Privacy Notice. CYME will keep all personal information private to the best of the company’s ability but some, personal information may be disclosed under the limited circumstances described below.

CYME is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders. This Privacy Notice applies to all CYME websites and domains (the “Website”), except that a Privacy Notice or statement posted on the Website specific to a particular CYME entity, program or service will apply in place of this Privacy Notice.

Collection of Personal Information

Information that you provide

To participate in certain activities and to obtain certain services offered on our Website, you will be asked to provide varying amounts of personal information. For example, we may ask you to provide your contact details in order to register an account with us, to subscribe to marketing communications from us, and/or to submit inquiries to us.  The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

Information we collect automatically

In addition to the information you provide, CYME may also collect information during your visit to the Website through our automatic data collection tools, which may include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our Website such as your browser type and language, access times, and the address of the Website from which you arrived at a CYME Website. They may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Website) and product information. CYME may also use some of these automatic data collection tools in connection with certain emails sent from CYME and therefore may collect information using these tools when you open the email or click on a link contained in the email.

Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them.  We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

For more information about cookies and similar tracking technology, please see the section labelled “Cookies”, below.

How CYME Uses Personal Information

CYME uses your personal information to better meet individual needs, to respond to specific requests for information, to send promotional materials, and to make you aware of new or similar products or offerings in which you might be interested.

CYME reserves the right to send registrants email communications (regarding product updates and promotional offers) from time to time in accordance with their communications preferences. You may opt-out at any time by (i) sending an email to unsubscribe@cyme.io; (ii) by clearly following the “unsubscribe” instructions at the bottom of any email you receive; or (iii) by contacting the privacy department at the address above to unsubscribe to mailing lists. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided above.

When it is necessary to do so, we may send you service-related announcements via e-mail regarding technical or administrative issues, legal notices or other important information about the Website and products and service considered valuable or essential to your continued ability to use them properly. 

Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, please contact us by (i) sending an email to unsubscribe@cyme.io; or (ii) by contacting the privacy department at the address above to unsubscribe to mailing lists.

What Information is Shared

CYME does share non-personal, non-individual information from which individuals cannot be identified and which do not relate to individuals in aggregate form with third parties for business purposes, such as consultants and advisors to the company. CYME will not disclose personal information to any third parties without your consent except in the following very limited circumstances:

Group Companies

CYME shares information with entities within the CYME group. A list of our current group companies will be available in Exhibit 8.1 of our 20-F filed with the SEC available at www.sec.gov.

Partners and Agents

CYME shares information with trusted agents who provide specific services you have requested and/or administer information offered at the Website, for example, service providers who help manage, track and respond to customer inquiries, information requests, etc. CYME may also share information with authorized resellers and integration partners, who may be better suited to reply directly in response to your specific inquiries about CYME products and services. CYME may also share information with authorized resellers and integration partners in order to execute joint marketing initiatives. These parties do not use or otherwise disclose any information except as authorized agents for the purpose of providing the products and services that you have requested or administering the activities on CYME’s behalf, or participating in joint marketing initiatives with CYME. Any company that CYME shares personal information with will have executed a confidentiality agreement, requiring that they keep all data received confidential.

Third Party Vendors

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering materials, sending postal mail, processing registrations or sending emails. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Legal Requirements and Investigations

CYME will disclose your personal information to a third party if required to do so by law or if, in good faith, CYME believes that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend the company’s rights and property or prevent fraud; (3) protect the company against abuse, misuse or unauthorized use of CYME’s products or services; or (4) protect the personal safety or property of personnel, users or the public (among other things, this means that if you provide false or deceptive registration information or attempt to pose as someone else, information about you including your computer’s IP address – may be disclosed to a third party (including the recipient of an email) as part of any type of investigation into your actions.

IP Addresses

An IP address is a number that is assigned to your computer when you are using your browser on the Internet. The servers that operate the Website automatically identify a computer by its IP address. If CYME, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, your actions will be investigated and your IP address may be disclosed to the recipient of any email, their legal counsel or representatives, and law enforcement officials as part of such an investigation.

Sale of Assets

CYME may transfer its database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock of CYME whether by merger, acquisition, reorganization or otherwise.

Legal basis for processing personal information (EEA visitors only)

If you are a visitor from the European Economic Area (“EEA”), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. 

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so.  In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). 

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.  We may have other legitimate interests and, if appropriate, we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided above.

Linked Websites

This Website contains links to other websites. Please be aware that CYME is not responsible for the privacy practices of such other websites. CYME encourages users to be aware when they leave this Website and to read the privacy statements of each website they visit that collects personal information. While CYME carefully chooses the websites to link to, this Privacy Notice applies solely to information collected on CYME’s own Website.

International data transfers

Your personal information will be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, our Website servers are located in the US and Germany, and our group companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries where our group companies, third party service providers and partners process your data.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice, such as implementing the European Commission’s Standard Contractual Clauses for transfers of personal information (which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law). 

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Security

CYME employs appropriate technical and organizational industry-standard security procedures and processes to safeguard the confidentiality of users’ personal information. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.   

CYME, or agents and partners on behalf of CYME, do everything in their reasonable control to protect your information. Where one of CYME’s partners or agents has access to or maintains sensitive personal information, the company enters into confidentiality agreements in order to ensure the privacy of such user information priori to sharing that information. Internally, access to all users’ and registrants’ personal information is restricted to those employees who need access in order to fulfill their job responsibilities. Furthermore, CYME employees who deal with user information are kept up to date on various security and privacy practice issues as they arise.

Finally, the servers for the Website are stored in a physically secured, offsite facility. Beyond the physical security of your information, CYME also backs up servers regularly to prevent loss of data. While the goal is to safeguard users’ and members’ personal information, CYME cannot ensure or warrant the security of any transmission and your information is submitted at your own risk.

Cookies

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you, including to serve interest-based advertising.  For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice.

Data Protection Rights

If you are a resident of the EEA, you have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided above.
  • In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided above.
  • If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Notification of Changes

CYME may revise this Privacy Notice from time-to-time and reserves the right to do so. If CYME decides to change this Privacy Notice, the company will post the new notice on the Website or take other appropriate measures to inform you of the change, consistent with the significance of the changes we make. As policies are subject to change at any time and without prior notice, CYME encourages you to check the Website whenever you might have questions or concerns. If at any point CYME decides to use personal information in a manner different from that stated at the time it was collected, CYME will notify users by way of an email to obtain consent to any material Privacy Notice changes if and where this is required by applicable data protection laws. You will still have the opportunity to elect not to have CYME use your information in this different manner. CYME will not use your information other than in accordance with the Privacy Notice.

You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this Privacy Notice. 

Last Updated: August 1, 2019

You agree to be bound by these Terms of Service (these “Terms”) of cyme.io (the “Site”), owned and operated by CYME SAS, a french corporation (“we” or “us”) any time you use or access the Site, our software (“Software”) and any of our other products or services located on the Site or through the Software (together with the Site and the Software referred to herein as the “Services”). Your use of the Services is subject to your acceptance and compliance with these Terms.”Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation. If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.

Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time. We reserve the right at any time and without notice to change these Terms. If you have questions regarding these Terms, please contact us.

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

1. LICENSE GRANT. 

CYME (“CYME”) grants you a license to use ONE (1) copy of the version of this SOFTWARE on any TWO (2) computers for as many licenses as you purchase. This license is only valid for a single  user and may not be shared between individuals. “You” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the SOFTWARE.  You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE’s programming features. When you first obtain a copy of the SOFTWARE, you are granted a restricted version of the SOFTWARE with no time limit : the restriction applies to the amount of data that can be processed but lets you evaluate all the SOFTWARE functionality. If you wish to remove the restrictions, you must purchase a license of the SOFTWARE.  This license is not transferable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction.

2. OWNERSHIP. 

The SOFTWARE is owned and copyrighted by CYME.  Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.  

3. COPYRIGHT. 

The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you.  You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of CYME and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. REVERSE ENGINEERING.

You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. NO OTHER WARRANTIES. 

CYME SAS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. CYME SAS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 

6. SEVERABILITY. 

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.  

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. 

IN NO EVENT SHALL CYME OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF CYME SAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CYME’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

8. DISTRIBUTION

You are hereby granted to make as many copies of the SOFTWARE as you wish and distribute it to anyone provided that all files are intact. The REGISTRATION KEY you may have obtained is not part of the SOFTWARE and therefore CANNOT be distributed. You must distribute the install form of the SOFTWARE(you must distribute the self-extracting archive file, not the files resulting of an installation). You are not allowed to sell the SOFTWARE(except for shipment and handling charges). You are authorized to distribute it on any Cover Disk, CD-ROM without permission from CYME SAS. Catalog Web sites are authorized to distribute it as a download file (hosted or linked to the CYME web site) witho

9. GOVERNING LAW.  

This license will be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. Our failure to enforce any right or provision of this license will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the SOFTWARE, and supersede and replace any prior agreements we might have between us regarding the Service.

10. ENTIRE AGREEMENT. 

This is the entire agreement between you and CYME which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

CYME Software solutions for the passionate photographer

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© CYME 2019

“CYME” and “Avalanche” are both registered trademarks of CYME SAS. Apple, the Apple logo, Aperture and the Aperture logo are trademarks of Apple Inc., registered in the U.S. and other countries. Mac App Store is a service mark of Apple Inc. Adobe, Lightroom, and the Lightroom logo are registered trademarks of Adobe Corporation. All other trademarks cited herein are the property of their respective owners.

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