Terms and conditions
Part I — General
Welcome to Profoto. We are glad that you are using our website and the various services offered here.
These terms and conditions are applicable to your access and use of Profoto Aktiebolag AB’s (“Profoto”) website located at www.profoto.com, subdomains, subdirectories and all associated sites liked to www.profoto.com by Profoto, its subsidiaries and affiliates, including Profoto websites around the world (collectively the “Website”). These terms and conditions are also applicable to all services offered on the Website.
Our terms and conditions may be changed from time to time upon our sole discretion and you are obligated to keep yourself updated on any changes. If you continue to use the Website and the services offered here after any such changes, you agree to be bound by the same.
If you are using our website and the services provided here on behalf of an organization or a company, you represent that you are authorized to sign and enter a binding agreement on behalf of such organization or company and to make them bound by these terms and conditions.
You must be at least 18 (or of legal age) to be able to use the services offered on our Website.
You must keep all information you have provided during your use of the Website and services true, up to date and complete if you are using any of the services.
If you do not agree to these terms and conditions, do not use the Profoto Website and the services offered here.
Part II – Access and use of Website
Access to Website
You will be able to access this Website without having to register any details with us. However, some services offered on the Website will only be accessible if you have registered with us.
We take all reasonable steps to ensure our Website and the services here are available without interruptions. However, the Website may encounter downtime due to server and other technical issues. Further, we cannot promise that access to the services will be uninterrupted or error free. Therefore, Profoto will not be liable if the Website or the services provided here are unavailable. If Profoto knows of any temporary unavailability, due to for example maintenance or similar, we will try to give our users advance warnings hereof but we are not obliged to do so.
Use of Website
This Website is to be used by you for your personal use only. Commercial use of this Website is strictly prohibited unless prior written consent from Profoto has been obtained.
Profoto may refuse to accept your request to use any of the services provided on the Website for any reason in our discretion.
You agree that you may not: (i) use the Website or any content (as defined below under Proprietary Rights Information) for any purpose that is unlawful or prohibited by these terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Profoto or others; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or method, or any similar manual process, to access, acquire, copy or monitor any portion of the website or any content; (iii) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Profoto server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means; (iv) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the website; (v) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Profoto, including any Profoto account not owned by you; (vi) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; (vii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Profoto’s systems or networks, or any systems or networks connected to the Website or to Profoto.
Proprietary Rights Information
Content: All text, graphics, photographs, videos, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively: “Content”), including but not limited to Website design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Website is owned, controlled or licensed by or to Profoto and is protected by copyright, design, patent and trademark laws, and other intellectual property rights and unfair competition laws. No license or right to or in any such copyrights, trademarks, patents, designs, trade secrets, products or other proprietary rights of Profoto and/or other parties is granted to or conferred to you.
Except as expressly provided in these terms and conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any other way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without a prior written consent from Profoto. You may not use any framing techniques to frame any Profoto trademarks, logos or other proprietary information, nor use any metatags or other hidden text utilizing the Profoto name, trademark or other proprietary information.
You may use information on Profoto products and services (such as data sheets, knowledge base articles, and similar Content), purposely made available by Profoto for downloading from the Website, provided that you: (a) do not remove any proprietary notice language in all copies of such documents; (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (c) make no modifications to any such information; (d) do not make any additional representations or warranties relating to such documents.
Software: Any software that is made available to download from this Website is the copyrighted work of Profoto and/or its various third party licensors. Your use of such software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. You may not install or use any software unless you first agree to the applicable license agreement.
Feedback: If you would submit any ideas, comments, suggestions or other information to Profoto in the use of this Website (collectively “Feedback”), you agree that such Feedback shall be deemed Profoto property, which Profoto may use without restrictions for any purpose whatsoever without compensation to you. None of the Feedback shall be subject to any obligation of confidentiality on Profoto’s part.
Procedure for Making Claims of Infringement: Profoto respects the intellectual property rights of others. If you believe that your work, photo or brand or your intellectual property rights have been violated by its exposure on a Profoto Website, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest,
- a description of the copyrighted work or other intellectual property that you claim has been infringed,
- a description of where the material that you claim is infringing is located on the Website,
- your address, telephone number, and e-mail address,
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please address this letter to Profoto AB, as follows:
c/o Legal Department
SE-172 25 Sundbyberg
Accounts, passwords and security
Certain features or services offered on or through the Website may require you to open an account (including setting up a Profoto ID and password).
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account because of your failure to keep this information secure and confidential.
You agree to notify Profoto immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Profoto or any other user of or visitor to the Website due to someone else using your Profoto ID, password or account because of your failing to keep your account information secure and confidential.
You may not use anyone else’s Profoto ID, password or account at any time without the express permission and consent of the holder of that Profoto ID, password or account. Profoto cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Exclusion of warranty and limitation of liability
You agree that you use this Website at your own risk. The Website and the Content is provided on an “as is” basis without warranties of any kind.
In no event, but subject to what is permitted under applicable law, Profoto, its agents, representatives or licensors shall not be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive or otherwise resulting from or in any way connected to your use of this Website or any of the services offered here.
Part III — Profoto Academy
By using the services provided on our Website, such as the on-line courses provided in Profoto Academy, you accept these terms and conditions including what has been set out in this Part IV.
Courses in Profoto Academy
Our courses are offered streamed and are available to you on our Website in Profoto Academy.
To purchase and access a course in Profoto Academy you must first register an account with us. We will provide you with your personal login details. You agree to follow the instructions provided by us for this account. Please note that this is your personal account and that you may not share it with others. If you become aware that someone else is using your account, you must immediately change your login details to stop any such use. If such use continues, please let us know.
Prices and taxes
Prices for the courses offered are set out in Profoto Academy.
Profoto reserves the right to change the prices listed in Profoto Academy without notice.
We reserve the right to change a price after an order has been made if the price published on our Website is wrong due to an error by Profoto or due to factors otherwise outside of our control.
In addition to the price for the digital service there may be additional costs for payment depending on the payment method you choose.
Information on prices and payment methods are shown in Profoto Academy. The total sum to be paid by you will be shown before you place your order or agree to the amount to be paid by you.
Campaigns or price reductions for a product will be shown in Profoto Academy. Our promotions cannot be combined, for example you cannot use a percentage discount on sale items.
Orders placed in the EU and Japan will be subject to Value Added Tax (VAT) that is included in the price set out in Profoto Academy.
For countries outside the EU and Japan, please note that there may be local charges such as taxes and customs fees in addition to the price set out in Profoto Academy. It is your responsibility to pay all such relevant local charges in these countries.
Therefore, as regards orders placed in the U.S., since Profoto currently does not have Nexus here, please note that it is your responsibility to accrue and remit all use tax due on the transaction if taxable in your state.
Order and payment
When you place an order for a course in Profoto Academy you are offered to purchase that course on these terms. Profoto has the right to decline or cancel your order.
We reserve the right to withdraw at any time courses advertised for sale on the Website.
Detailed information on payment methods is shown in Profoto Academy before you place your order and chose your payment method.
Access to the courses in Profoto Academy
You will be provided access to the purchased course after payment in full and on the terms of the license referred below.
Access will be provided 24 hours a day and 7 days a week for as long as Profoto decides to make the content available in Profoto Academy.
Profoto has the right to decide for how long the purchased course will be available to you through the service. Profoto reserves the right to change and discontinue access to the content of the service without notice. Profoto has no responsibility for the failure to make available purchased content, including the streaming services provided by third parties.
In case you purchased a right to send a photo or other materials to Profoto for evaluation and feed-back, this right is valid for no longer than one (1) year after your purchase and must be used within this period.
You agree that Profoto may at any time without notice terminate your user account and delete all information stored on it, including any information or materials added by you, unless it contains course materials that is still available in the service.
Profoto Academy viewing requirements
It is your responsibility to obtain and maintain the proper hardware and software required to access the courses purchased in Profoto Academy.
Profoto Academy courses are watched via video streaming within the courses. This requires you to be connected to the Internet. The minimum viable connection speed to reliably stream videos in the courses is about 768 megabits per second. However, we recommend a connection speed of at least 5 megabits per second for an optimal experience with HD capability.
Profoto Academy courses work on any browser that supports HTML5 (in the form of MP4 video with an h.264) and/or Adobe Flash. This includes the latest versions of most major browsers including Google Chrome (with auto-updates), Safari, Firefox (with auto-updates), IE9, 10, 11 and Microsoft Edge.
It is your responsibility to keep the browser as up to date as possible.
Most mobile devices only support HTML5 playback, which is the default Profoto Academy video player for mobile devices.
For media other than video (only viewable within the course) a PDF reader is required.
All courses and other content provided in the service is the property of Profoto and protected by copyright and other applicable laws.
Subject to these terms and conditions you are granted a limited, non-exclusive, non-transferable, revocable license to make personal and non-commercial use of the course purchased by you. The content may not be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Profoto’s prior permission and you may not allow anyone else to access the course via your account or similar. The right to view the course is your personal right and you may not assign or share any of the rights with anyone else. Among other things, this means that you may not use our courses commercially for the education of others.
Your purchase of the course is not a purchase of any software or content of the course that you are given access to.
Profoto reserves the right to terminate this license and your access to the course if we become aware you have violated what has been set out in these terms and conditions.
The right to any images sent to Profoto Academy for feed-back stays with the owner and is not transferred to Profoto. However, Profoto is granted a right to use and publish such images in Profoto’s own social media channels. In such case, Profoto undertakes to always publish the image together with the photo credits of the photographer. Profoto undertakes not to use any such images for commercial use or as marketing material without the prior consent of the photographer.
Limitation of liability
Although Profoto aim at providing courses of the highest quality, we do not accept any liability for any inaccuracy or misleading information provided in the courses and any reliance by you on any such information.
Right to return
By purchasing a course on Profoto Academy, you acknowledge that the course is provided to you in digital format.
Therefore, once the purchased course has been made available to you, you have no right to cancel the purchase or return the course (Sw: Ångerrätt).
If for any reason you are not satisfied with the course, please contact us within 14 days of purchase to receive a refund.
In case you have any questions or need support in relation to a course purchased in Profoto Academy, please contact us.
Part IV — Miscellaneous
If any provision in these terms and conditions is determined to be unenforceable or invalid, such provision shall be enforceable to the extent permitted by applicable law and such determination of the provision shall not affect the validity of any other remaining provision.
No failure or delay by Profoto to exercise any right, power or privilege under these terms and conditions shall operate as a waiver thereof.
Processing of personal data:
Who is the data controller?
Profoto is the data controller of all your personal data processed in connection with your My Profoto account, subscription to newsletters and your purchase of products and services at Profoto. Profoto's contact details are Profoto AB, Landsvägen 57A, 172 65 Sundbyberg, +46 8 447 53 00, firstname.lastname@example.org.
What personal data to we collect and process?
Profoto collects personal data about you in four different situations:
- When you visit our website – We store and process information about how you use our site. The purpose is to improve your user experience.
- When you create a My Profoto account and subscribe to our newsletter - We store and process first name, surname, email, country and additional information that you can choose to provide to us such as address, interests, products, etc. We also store information about how you use the newsletter, for example if you read it or not. The purpose is to adapt and improve how we treat you as a customer and our service to you.
- When you buy products - We store and process your IP address, first name, surname, delivery address, email, mobile number. If you have a My Profoto account, your purchase history is also stored and processed. For corporate customers, we also save company name and organization number. The purpose is to be able to sell and deliver products to you, as well as improve customer relations and service to you.
- When you buy courses - We store and process your purchase history in addition to the information you have provided to us when you create a My Profoto account. The purpose is to be able to sell and provide education and improve customer service and our service to you.
How do we use your personal data?
The personal data we collect will be used:
- Create and administrate your My Profoto account.
- To send important notices to you, such as communications about purchases and changes to our terms and conditions and policies. Send newsletters, offers and other news about Profoto's latest product launches, firmware and software updates and upcoming events. If you do not want to be on our mailing list, you can opt out by simply clicking the unsubscribe link at the bottom of the newsletters.
- To help us develop, deliver and improve our products, services, content, advertising and customer communications through internal audits, data analysis and research of the personal data and preferences you provided to us in connection with membership, purchase, lotteries, competitions or other promotional programs, if you participate in such events.
- To help us customize offers and marketing to you as a member, subscriber and customer through analysis of characteristics, habits and behaviors of yours based on the number of purchases, categories of purchases, interests, behavior on the website and in connection with the receipt of our digital marketing.
- To fulfill any obligations we have according to law, such as accounting and tax regulations.
Our processing is necessary for the performance of our contractual obligations towards you as a customer and member of My Profoto and for you to be able to receive the benefits stated in our terms and conditions. If you are not willing to provide Profoto with the information requested to perform our contractual obligations towards you as a customer, we will not able to provide you with membership, subscription or delivery of products and services. We also process personal data for marketing purposes, as we have a legitimate commercial interest in marketing our products and services to customers and potential customers.
How do we disclose your personal data to third parties?
Profoto may disclose and share certain personal data to strategic partners that work with Profoto to provide or improve Profoto products and services, or that help Profoto to market its products and services to customers. Personal data will not be shared with third parties for their own marketing purposes.
Profoto may disclose and share personal data with Profoto’s service providers, namely companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, accounting and conducting customer research or satisfaction surveys. These companies are obligated to protect your personal data according to data processing agreements.
For how long do we save your personal data?
We will retain your personal data for five (5) years after your last contact with us. If you have purchased one of our products, we retain the necessary personal data during the product's life and warranty period.
What are your rights?
Profoto makes it easy for you to keep your personal data accurate, complete and up to date. Upon your request, Profoto will rectify your data. If certain conditions are met, Profoto will erase your data or restrict the processing of your data upon request. Profoto is also obligated to, upon your request, confirm whether personal data regarding you is being processed as well as give you access to information regarding the processing. You also have the right to receive personal data that has been provided by you to Profoto in a structured, commonly used and machine readable format, for example to be able to transmit the data to another data controller. We are obligated to meet a request from you regarding these rights within a one month period. This period may in some cases be extended by two months. All requests can be made by email: email@example.com
If you experience an infringement of your rights according to the GDPR, you have a right to lodge a complaint with the relevant supervisory authority of your country of residence, or to The Swedish Data Protection Authority, (http://www.datainspektionen.se/in-english/).
Transfer to third countries
Any disputes arising out of or in connection with the use of this Website or the services offered on the same, shall be governed by and construed and enforced in accordance with the substantive laws of Sweden. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Sweden.