Privacy and  Policies

© Land and Life Photography
 
GENERAL PROVISIONS

This website is owned and operated by Kylie Fisher trading as Land and Life Photography, a NSW Australian business. Our principal place of business is located at Bourke NSW. You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time. 

Land and Life Photography respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

 

DEFINITIONS

 

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://landandlifephotography.com.au website (the “Service”) operated by Land and Life Photography (“us”, “we”, or “our”).

 

We/us/business/website means Kylie Fisher, Land and Life Photography and any employees, officers and agents assigns, but not limited to http://landandlifephotography.com/ and any social media, groups or forums owned and managed by Kylie Fisher. 

 

Service means photoshoots.

Products means photography prints and sales.

 

By using this website, you agree to the following Terms, Conditions, Policies, and Disclaimers.

Please read them carefully before using this website. 
PRIVACY AND SECURITY

"Personal information" is information we hold which is identifiable as being about you.

Land and Life Photography respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

WEBSITE

When you come to our website (http://landandlifephotography.com/) we may collect certain information such as browser type, operating system, websites visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, so that we can improve our service.   

COOKIES

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. 
We may from time to time use cookies on our website. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

THIRD PARTY SITES

Our Service may contain links to third-party web sites or services.  By using this service, you may be engaging directly with a third-party service provider that are not owned or controlled by Land and Life Photography. You acknowledge that we are not liable for any loss or damage resulting from your use of such third-party service, including any liability arising from any personal data exchanged between you and such third-party.

 

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our service is used. 

Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. We suggest you exercise caution when clicking on a hyperlink.  Although we use reasonable care in including a hyperlink on our own webpage, we do not regularly monitor this website of these third parties, are not responsible for any damage or consequences you suffer by using hyperlinks. 

We are not bound by the privacy policies of any third-party website that you access by our hyperlink, nor are they bound by ours.  We encourage you to read the policies of those third-party websites before interacting with them or making a purchase.  They may collect different information and by different methods than we do.  Land and Life Photography is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk. 

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

SERVICE PROVIDERS

Land and Life Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Land and Life Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

HOW WE COLLECT YOUR PERSONAL INFORMATION Cookies, Logfiles, Web beacons
LOG DATA

Cookies, Log Files and Web Beacons are log files that log visitors to a site.  Like many other websites, we make use of these log files.  These files merely log visitors to the site, usually a standard procedure for hosting companies and a part of hosting analytics.  The information inside the log files includes internet protocol (IP) address, browser type, Internet service provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks.  This information is used to analyse trends, administer a site, track a user’s movements around a site and gather demographic information.  IP addresses  are not linked to any information that is personally identifiable. 

Land and Life Photography collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you.  We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Most browsers are set up to accept cookies by default.  I n addition when you first encounter our website, you will be asked to consent to cookies.  If you wish to disable cookies you may do so through your individual browser.  However, this may affect your ability to make purchases through the website.  More detailed information about cookie management with specific web browsers can be found at the browser’s respective websites. 

Land and Life Photography may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

Land and Life Photography may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

Land and Life Photography will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. You may provide basic information such as your name, phone number, shipping address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, your age, gender or hometown.  We may keep information when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

Land and Life Photography will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

DERIVATIVE DATA

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, such as your IP address, browse type, the dates and times you access our website, and the specific pages you view.  If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. 

FINANCIAL DATA

Financial data is data that is related to your payment method, such as credit card or bank transfer details.  We collect financial date to enable you to pay for a service or purchase a product.  We store limited financial data.  Most financial data is transferred to our payment processor, PayPal and you should review this processor privacy policy  to determine how they use, disclose and protect your financial data. 

SOCIAL NETWORKING DATA

We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat and other social networking sites not named here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information.  If you do not want us to access this information, please go to the specific social networking site and change your privacy settings. 

MOBILE DEVICE DATA

If you use our website via a mobile device or app, we  may collect information about your mobile device, including device ID, model and manufacturer, and location information. 

OTHER DATA

On occasions you may give us additional data in order to enter into a contest or giveaway or to participate in a survey.  You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such contest or giveaway.

Additionally, we may also collect any other information you provide while interacting with us.

Land and Life Photography may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

INTERNATIONAL DATA

Our website is hosted by servers located in Europe and the U.S.  Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers.  Transfers will be protected by appropriate safeguards. 

DATA RETENTION

We retain personal data as long as it is needed to conduct our legitimate business or to comply with our legal obligations, or until you ask us to delete your data.  We cannot control  the retention policies of third parties. 

YOUR COMMUNICATIONS

Any communications made through our ‘contact’, blog, Facebook, webpage or Instagram email, or our mailing system is not held in  privileged or confidential and is subject to viewing and distribution by third parties.  We own any and all communications displayed on our website,  servers, comments, emails or other media as allowed by Australian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments and emails. 

When you post online, your posts and comments may be viewed by others. We may distribute your comments outside the website or social media. 

We maintain the right to republish any submission in whole or in part as reasonably necessary in the course of our business.  You agree not to submit any content or communication that could be illegal or serve an unlawful purpose, including but not limited to communications that are potentially libellous or maliciously false, obscene, negligent or otherwise harmful or inappropriate. 

SECURITY OF YOUR PERSONAL INFORMATION

Land and Life Photography is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. By consent of this privacy policy you acknowledge that your personal data may be available, via the internet, around the world.  We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take all measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

DISCLOSURE OF YOUR PERSONAL INFORMATION

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information (“Personal Information”) .

By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Land and Life Photography, http://landandlifephotography.com/, its customers or third parties.

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

ACCESS TO YOUR PERSONAL INFORMATION

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at landandlifephotography@gmail.com.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

EMAILS AND COMMUNICATIONS

You may opt out of receiving future emails and correspondence from us.  Please contact landandlifephotography@gmail.com if you wish to stop receiving emails. 

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks and service marks are owned by and are the property of Kylie Fisher (and associated entities).   It is a violation of Federal law to use any intellectual property in whole or part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms 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 our Service and supersede and replace any prior agreements we might have between us regarding the Service.

 
SESSIONS, FEES, CANCELLATIONS

 

A non-refundable session fee is due in order to secure the session date and time.  Land and Life Photography has the right to give the session time and date to another client if the session fee has not been received.

 

The client acknowledges that they have received, read and understood Land and Life Photography’s Studio Price List.  Acknowledgement has been made when completing the New Client Questionnaire. 

 

In the event that the client needs to reschedule the session date, Land and Life Photography require a minimum of 48 hours’ prior notice.  If notified within 48 hours, the session fee is transferable to another date within the following twelve (12) month period, from the date of notification. 

 

In the event of changes to the price list, the session fee will apply as at the booked date and completion of the booking form. 

 

Land and Life Photography may reschedule the session if weather conditions will hinder the shoot (such as heavy rain or road closures).  All attempts will be made to avoid this, however sometimes it is in the client’s best interest to postpone to another date with better conditions. Land and Life photography has to travel on unsealed roads and if the council roads are closed, we will be unable to attend the session.

 

Land and Life Photography will post your photos in standard Australian Post mail soon as possible from the session date. 

 

Due to storage limits, Land and Life Photography will only keep a copy of your images for a period of 1 year (12 months) from the session date. 

USE OF IMAGES AND COPYRIGHT

 

Land and Life Photography respects your privacy and will not post any images on Social Media without your written consent.  This will be obtained during the photo session. 

 

The client agrees that Land and Life Photography own the copyright to all photographs.  The client gives permission to Land and Life Photography to use any images from your session for industry competitions and as required subsequent usage for reasonable general promotional advertising for Land and Life Photography.  The usage for any other purpose (such as social media sites) can be negotiated and noted on the portrait release form. 

 

The photographs provided may not be sold, edited, altered (other than resizing for print) or used for any commercial purpose under any circumstances, without written permission.  The client will use the digital negatives and photographs as agreed above and understand that by not doing so would be a breach of agreement. 

 

Watermarked low-resolution images may be provided on social media for clients to share with friends and family. The client is welcome to tag themselves and share these watermarked images; however, altering the images in any way, including cropping out the Land and Life Photography watermark is a direct breech of copyright.  

 

Due to file storage limitations all images will remain on file for 1 year (12 months) from the session date.  After this date they may be deleted. 

 

TERMINATION

Land and Life Photography may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

ACCOUNTS

When you create an account with Land and Life Photography, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

PAYMENT SECURITY

Land and Life Webpage online credit card payment transactions are currently processed through Square.  With Square Security is engineered into Square hardware and software from the ground up.

With Square;

  • Their  systems monitor your payments to keep an eye on suspicious transactions.

  • Machine learning and human expertise work hand in hand to adapt their technology to the shifting fraud landscape every day.

  • Their team of fraud experts reach out to you if we notice anything unusual.

 

Your payments are encrypted to protect against hackers. It's all designed and maintained by Square .  When payments are processed, financial data is kept secure.

 

DISCLAIMERS

 

You agree to indemnify and hold harmless our website and business for any direct or indirect loss or conduct incurred as a result of your use of our website any related communications, including as a result of any consequences incurred from technological failures such as payment processor error/s or system failures. 

 
CHILDREN (UNDER 18 YEARS)

 

I have a current NSW Working with Children Check.

 

Land and Life Photography will not take photos of any person under the age of eighteen without a parent, legal guardian or other approved person present. 

 

Land and Life Photography’s service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

GENERAL

We will not use or share your information with anyone except as described in this Privacy Policy.

The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. 

COMPLAINTS ABOUT PRIVACY

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 217, Bourke, New South Wales, 2840. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

 

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at landandlifephotography@gmail.com

 

We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

By continuing to access or use our Service after those modifications become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Please check back from time to time to review our Privacy Policy.

 

If you have any questions about this Privacy Policy, please contact us.
 
Terms and Conditions - Privacy Policy 2020
© Land and Life Photography