TERMS AND CONDITIONS, PRIVACY POLICY AND COOKIE POLICY

We serve professional photographers, and understand the sensitive nature of photo retouching. We know the importance of being in good communication. If you have any comments, we expect you to let us know so that we can improve our services for you.

Please, review the list of our terms of service to make sure you agree with them before using our service. Thank you for your attention.

TERMS AND CONDITIONS

1) APPLICABILITY OF THE TERMS AND CONDITIONS

These terms and conditions (hereinafter «Agreement») are between you (hereinafter «Customer») and the website retouchplace.com (hereinafter «Contractor»). Continued use of retouchplace.com indicates your acceptance of the Agreement. If you do not agree with these terms and conditions, you should leave the site.

2) CONCLUSION OF CONTRACT

The Customer may avail any of the services such as high-end photo retouching, portrait photo retouching, background removal services and clipping path services etc.

The Customer shall give the Contractor the order to perform retouching of images and other photo editing services needed. The contract shall be enforced once both parties agree on the order and price quotation from the Contractor. An order is placed by sending the images for digital retouching to the Contractor, emailing retouchplace.com. The Customer hereby agrees to the existing terms and conditions of the Agreement.

3) RIGHTS FOR DATA

By sending an image for digital retouching to the Contractor you provide the Contractor with the rights to copy, perform, transmit, modify, and edit any pictures received by the Contractor.

You agree that you must not send any images to the Contractor, on which you do not own the right to use. You agree that you are solely responsible for the consequences of sending the photo to the Contractor.

4) FILE TYPES

The Contractor requires RAW files in order to make the most out of the picture. The Contractor will take a JPEG file to work on, but this is a customer’s responsibility to understand the Contractor will not be able to work on light and color correction as effectively, as he could with a RAW camera file.

Make sure the picture is in focus, the Contractor will not be able to make an out of focus picture much sharper than it is.

After editing is done the Customer receives a big JPEG file. The Contractor also can provide the Customer a single layer TIFF file free of charge.

The Contractor will not be able to provide a PSD file.

5) RETOUCHING STANDARDS

Please, make sure to choose the right retouching standard for your pictures.

Portrait retouching standard works best for studio and outdoor shoots, family photography, wedding pictures, travel photos.

This retouching standard includes: skin and body retouching, liquify, minor background clean up, color and light work, perspective correction, enhancing eyes, lips, teeth and other details.

Beauty/High-end retouching standard suits closeups, magazine covers, advert photography, beauty images, lookbooks and campaigns. It is also required for an image that requires advanced skin and texture retouching, advanced background work or background cleaning, color changes and body parts swapping, hair retouching (other than images that require high end hair retouching, these will be charged after the review of original files), images with problematic skin.

Fashion retouching standard works best for catalogs, lookbooks, model tests, fashion photography.

6) REVISIONS

The Contractor provides free revisions and makes corrections (up to 1 corrections). The Customer shall notify the Contractor in writing within 24 hours upon receipt of the order for any evident defect made by processing the image. Beyond the said period, claims of defects shall be paid extra. The revision instructions should not contradict the primary instructions the Customer gave the Contractor when placing an order. The revision instructions should correspond to the retouching standard. For example, if you order a portrait retouching we will not be able to swap backgrounds (or change background color), as this feature is available for beauty retouching only. Or if original instruction is to only remove background, then no defects shall be claimed not related to background removal.

Please, make sure to give us an idea of what you prefer in terms of color, skin texture, level of perfection, etc. So we are better able to address your expectations.

We will be happy to promote your photography on our social pages. Let us know if you’d like us to link to your page/account/website. If you choose not to allow any usage of the photos we retouch for you, you will need to state it clearly before placing your order.

7) PAYMENT

Payment shall be based on the agreed quotation sent by the Contractor to the Customer. The price quote and payment shall be in US Dollars.

The Contractor requires a full upfront payment when the order is placed. The Contractor starts working on the pictures the moment the payment is done.

Post-payment is allowed only for regular customers with large orders and only by prior arrangement. In case of post-payment, the Customer must make the full order payment within 3 days from the receipt of the invoice.

The order (images, photographs, collages, magazine covers and source materials) sent to the Customer remains the property of the Contractor until all payments are settled.

The Contractor proceeds the payments via PayPal, Wise, Payoneer, MasterCard and Visa cards.

The Contractor does not offer any refunds after starting to work on your files.

8) PERIOD OF THE CONTRACT

This Agreement enters into force on the date of Order placing and ends when the Parties fully fulfill their obligations.

The Contractor maintains the sole right to revise these terms and conditions at any time. The Contractor under no circumstances shall be held liable for any damages or any unforeseen damages that may result directly or indirectly from any communications and or images that are submitted for personal Non-Commercial and Commercial Uses. The Contractor shall not be held liable for any communications or images that may be received by an unanticipated third party.

9) INFORMATION SECURITY

Retouchplace.com uses reasonable measures to ensure the protection and privacy of communications, images and billing information submitted to retouchplace.com.

Please, review the list of Privacy Policy of service to make sure you agree with them before using our service. Thank you for your attention.

PRIVACY POLICY

This Website collects some Personal Data from its Users.

By visiting retouchplace.com you are accepting the practices described in this Privacy Policy.

TYPES OF DATA GATHERED

Cookies, Usage Data, first name, last name, email address, Data communicated while using the service, country, various types of Date, website, portfolio link are the types of Personal Data that this Website saves, by itself or through third parties.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation descriptions displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.

Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically positions that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the operating of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to address the Owner.

Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.

THE PURPOSES OF PROCESSING

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Contacting the User, Displaying content from external platforms, Interaction with live chat platforms, Managing contacts and sending messages and Handling payments.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

METHODS OF PROCESSING

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational actions and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

LEGAL BASIS OF PROCESSING

The Owner may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

• provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

• processing is necessary for compliance with a legal obligation to which the Owner is subject;

• processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

• processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

RETENTION TIME

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

• Personal Data collected for purposes related to the performance of services between the Owner and the User shall be retained until such services has been fully performed.

• Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

PLACE

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Personal Data is collected for the following purposes and using the following services:

CONTACTING THE USER

Contact form (this Website)

By filling in the contact form with their Data, the User authorizes this Website to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data collected: first name, last name, email address

ANALYTICS

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Facebook Ads conversion tracking (Facebook, Inc.)

Facebook Ads conversion tracking is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

DISPLAYING CONTENT FROM EXTERNAL PLATFORMS

This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.

This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Google Fonts (Google Inc.)

Google Fonts is a typeface visualization service provided by Google Inc. that allows this Website to incorporate content of this kind on its pages.

Personal Data collected: Usage Data and various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

HANDLING PAYMENTS

Payment processing services enable this Website to process payments by PayPal. To ensure greater security, this Website shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

PayPal may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

PayPal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States –Privacy Policy

MANAGING CONTACTS AND SENDING MESSAGES

This type of service makes it possible to manage a database of email contacts, or any other contact information to communicate with the User.

These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

THE RIGHTS OF USERS

Users may exercise following rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Please, review the list of Cookie Policy of service to make sure you agree with them before using our service. Thank you for your attention.

COOKIE POLICY

This Website uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.

Cookies contain portions of code installed in the browser that assist the Owner in leaving the Service according to the purposes mentioned. Some of the purposes for which Cookies are installed may also require the User’s agreement.

Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions described in this file.

Cookies: technical and serving aggregated statistical purposes

This Website uses Cookies to save the User’s session and to carry out other activities that are strictly essential for the work of this Website, for example in relation to the distribution of traffic.

Actions regarding the saving of preferences, optimization, and statistics

This Website uses Cookies to save browsing preferences and to optimize the User’s browsing involvement. These are the Cookies used for the setting of language and currency choice or for the management of first party statistics employed directly by the Owner of the website.

Some of the services listed below gather statistics in an anonymized and aggregated manner and may not require the User’s agreement or may be managed directly by the Owner — depending on how they are described — without the help of third parties.

If any third party operated services are presented among the tools below, these may be used to track Users’ browsing behaviors – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed data.

The services described in this fragment enable the Owner to discover and analyze web traffic and can be used to keep track of User habits on the website.

FACEBOOK ADS CONVERSION TRACKING (FACEBOOK, INC.)

Facebook Ads conversion tracking is an analytics system provided by Facebook, Inc. that links data from the Facebook advertising network with actions done on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

List of cookies used: xs, wd, dpr, act, sb, pl, c_user

GOOGLE ANALYTICS AND GOOGLE TAG MANAGER (GOOGLE INC.)

Google Analytics and Google Tag Manager is a web analysis system designed by Google Inc. (“Google”). Google utilizes the Information gathered to track and study the use of this Website, to prepare reports on its activities and share them with other Google services.

Google may use the Information collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

List of cookies used: _dc_gtm_UA-68977480-1, _gid, _ga, APISID, HSID, NID, SAPISID, SID, SIDCC, SSID

To disable Google Analytics cookies data, please use this linkhttps://tools.google.com/dlpage/gaoptout?

In addition to what is mentioned in this text, the User can manage preferences for Cookies directly from within their own browser and stop – for example – third parties installing Cookies.

Through browser preferences, it is also possible to remove Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.

Users can, for example, find data about how to operate Cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With regard to Cookies installed by third parties, Users can manage their favorites and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party’s privacy policy, or by contacting the third party.

Notwithstanding the above, the Owner notifies that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to choose their tracking preferences for most of the advertising tools. The Owner thus advises that Users take advantage of these resources in addition to the data provided in this post.

Since the installation of third-party Cookies and other tracking systems through the services used inside this Website cannot be technically regulated by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete data, the User is kindly asked to consult the privacy policy for the respective third-party services listed in this text.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are requested to contact the Owner should they want to get any further information on the use of Cookies by this Website.