WEBSITE TERMS AND CONDITIONS
Effective Date: 25.05.21
Welcome to https://www.gabrielasphotographyandfilm.com/ (Site)
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
3. there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
Effective Date 01.08.20
Your Privacy and Gabriela's Photography and Film (collectively and individually referred to as “Gabriela”, “we”, “our”, or “us”).
Who we are and how you can contact us
You can contact us for privacy related questions by [emailing us at email@example.com
We will only use your personal information in compliance with Privacy Laws (Privacy Act (1988 (Cth)), and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.
Our Role in your Privacy
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.
When and How we collect Data
From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or sending us an email, otherwise we might collect the data automatically. We may also collect data when:
● You interact with us on social media
● You accept our cookies and other tracking technologies on any device you use to interact with us
● You voluntarily submit your data to us for any reason
Types of Data we may collect
● Contact details (name, address, email)
● Financial Information (bank details when you become our customer)
● Data about the products or services you purchase
● Data that identifies you (your IP address, login, browser type, time zone, browser plug ins, geolocation, what operating system and version)
● Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
How and why we use your Data and disclosure
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes including:
● To run our Site
● Provide you with products, information and services
● Customer support
● Improve our Site
● Make your experience on our Site more efficient and enjoyable
● Market research e.g. we may contact you for feedback about our products and services
● Provide you with information about events, other products or services or opportunities that may be of interest
● Marketing (with your consent)
● Monitor your compliance with our Website Terms and Conditions
We may disclose your data for the purposes it was collected and also:
● As required by law subject to our obligations
● With your consent
● Within our business
● Send you marketing material (with your consent)
Google Analytics and Facebook
We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.
What are your choices?
Don't provide us with personal data
You can choose not to provide us with any personal data. However if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.
Turning off cookies
Don't want marketing?
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at anytime). You can change your mind about marketing material by opting out by (a) completing the contact us form on our contact page or by unsubscribing within the email if you have previously subscribed to our newsletter.
What are your rights?
You can exercise your rights at anytime by contacting us via the contact us page on our Site
You can access information we hold about you
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we cant comply with your request and why.
You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.
Objections to using data for profiling or automated decisions
We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.
You have the right to be forgotten
You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
You have the right to make a complaint regarding the use of your data
If you have any complaints regarding how your data is handled, please contact us via our contact us page If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.
How secure is the data collected
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
● Password access to accounts
● Storing electronic data with reputable third party storage providers who have appropriate security protections
● Limit access to personal information to individuals who need to know.
Where do we store data
We use service providers based around the world. Consequently, your data may be processed in countries outside of Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.
How long do we store data
We will keep your data for as long as we need it and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it.
Third parties who process your data
We share data with third parties in the following circumstances:
● Our suppliers and service providers working for us
● Our professional and legal advisors
● Law enforcement or other government authorities
● Where we have your consent to do so or otherwise where we are legally permitted to do so.
All are our real time credit card authorisations are handled by Stripe and is certified by PCI Service Provider Level 1. The following measures are taken to protect your data:
● Payments are fully automated with an immediate response.
● Your complete credit card number cannot be viewed by us or any outside party.
● All transaction data is encrypted for storage within Stripe bank-grade data centre, further protecting your credit card data.
● Stripe is an authorised third party processor for all the major Australian banks.
● Stripe at no time touches your funds, all monies are directly transferred from your credit card to the merchant account held by us.
Stripe is widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council. PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
Age of consent
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority and we do not knowingly collect data from anyone under the age of majority.
Cookies and how to block them
What are cookies?
Unfortunately they are not the edible kind! “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.
We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we have the ability to track behaviour such as who opened the emails, who clicked the links and collect information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.