Legal

Privacy Policy

Andrew Coles and Alysha Holder trading as Packing Light Photography ABN 92 623 645 487 (“us”, “we”, “our”) respects the privacy of the users of its website, https://www.packinglightphotography.com.au and the services provided therein (“Services”) (the “Site”). We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the General Data Protection Regulation (GDPR) to the extent it applies. This privacy statement explains what information is gathered during a visit to our Site and how such information may be used.

Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to our Site. However, certain non-personal information is recorded by the standard operation of our internet servers and our analytics provider. Information such as your location, age range, the search terms you used to find us, your browsing activity on our site, the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience and for us to better optimize our site.

The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by us only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. We may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or licensed to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. We does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

We may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of the Site, or anyone else that could be harmed by such activities.

We may also be required to disclose personal information as required by operation of law.

Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.

Malware/Spyware/Viruses: Neither us nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites: We is not responsible for the content or practices of third party websites that may be linked to the Site. We is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from us which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [email protected], including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.

Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. Our policies ensure that such personal information is protected to the same standard when processed by any company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.

Your Access to and Control Over Your Personally Identifiable Information: At any time, or as otherwise required under applicable law, users may contact us to review the personally identifiable information that we have collected about you. If you discover any errors, please notify us and the information will be corrected. To review the personally identifiable information that company has collected about you, please send an email to [email protected] with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at [email protected] with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, and/or any Services, please email us at [email protected] with the words “Delete My Information” in the subject line.

You may also choose to confirm that us does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to us and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how us may use your personal data, please contact us at [email protected] with the words “Privacy Request” in the subject line.

Contact Information for Complaints or Concerns: If you have any complaints or concerns about us or about this privacy statement, please contact: [email protected]

Information provided by you via general e-mail inquiries to us such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, contact us at: [email protected]

Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Privacy Policy and our Website Terms of Use. If you do not agree to this policy, or our Website Terms of Use, please do not use the Site. This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Privacy Policy to which you are bound.

Changes to this Privacy Policy:

This Privacy Policy forms part of our Website Terms of Use and therefore the agreement between you and us (either in your capacity as a client or a third-party service provider). We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on https://www.packinglightphotography.com.au

Depending on the nature of the change, we may announce the change on the https://www.packinglightphotography.com.au homepage or by email (if we have your email address). However, in any event, by continuing to use our Site and/or our service following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of our Site and inform us immediately prior to any further receipt of our Services.

Contact us:

If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update your details or raise any privacy concerns you may have, please contact us at [email protected]

For further information on your privacy rights go to: www.privacy.gov.au

For further information on the GDPR, go to: https://ec.europa.eu/info/law/law-topic/data-protection_en

Website Terms of Use

The following Terms of Use constitute an agreement between Andrew Coles and Alysha Holder trading as Packing Light Photography ABN 92 623 645 487 (“we /us“) and you, a user of our website (https://www.packinglightphotography.com.au) (“Site”) (“Terms of Use”). These Terms of Use apply to your use of our Site at any time now or in the future. Please read through the following carefully. By accessing and browsing our Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these terms, you should immediately discontinue use of our Site.

1. SITE CONTENT

You agree that the Site itself, as well as all content, videos, images, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are strictly maintained for your personal information purposes. You agree that such Content shall include any and all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, interactive features and text as well as all other materials included in the Site, excluding only any materials you provide. Unless otherwise indicated, copyright and all other intellectual property rights in the Site or Content is owned or licensed by us and subject to copyright and other intellectual property rights as applicable under the Commonwealth Copyright Act 1968, Commonwealth Trade Marks Act 1995 or similar legislation which applies in your location. Except as expressly authorised by these Terms of Use, you may not in any form or by any means:

a. copy, adapt, reproduce, republish, store, distribute, upload, print, display, perform, publish, transmit, broadcast or create derivative works from any part of the Site; or

b. commercialise any information, products or services obtained from any part of our Site; without our written permission.

2. LICENCE

Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, and non-sublicensable licence, to access, view, and use the Site and Content solely for your personal information purposes (“Licence”). Violation of these Terms of Use, including but not limited to a breach of the Licence may be subject to legal enforcement action and applicable monetary damages. We reserve our rights in all respects.

3. USE OF TRADEMARKS

All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, including without limitation the name and trademark “PACKING LIGHT PHOTOGRAPHY” (and any associated logo) (collectively, the “Marks“), are owned or licensed by us. The use of Marks by you is strictly prohibited unless specifically permitted by these Terms of Use and any unauthorized use may violate the copyright, trademark, and other proprietary rights of us or third parties, as well as the laws of privacy and publicity, and other regulations and statutes which may apply in your jurisdiction. Nothing contained in these Terms of Use or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark without our express written consent. We reserve all rights not expressly stated under these Terms of Use in and to our Site and Content.

4. YOUR MATERIAL

By uploading, transmitting, posting, or otherwise making available any material (aside from personal information) on our Site including any associated social media platforms, including but not limited to providing us with any comments, feedback, ideas or suggestions (“your material”), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the your material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.

5. ACCURACY OF INFORMATION

While we use reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

6. PRIVACY

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of our Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, you should not use this Site.

7. LINKING AND THIRD PARTY CONTENT

You must not frame, reformat, replicate or mirror any part of our Site or use any data mining robots or other extraction tools in relation to our Site, without our prior written authorisation. You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.

Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to Sites operated by other organisations and individuals (“Third Party Site”). Third Party Content and Third Party Site are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Site or the products, services or information available on any Third Party Site, or in respect of the owner or operator of a Third Party Site or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Site, you do so solely at your own risk. You agree to adhere to the terms and conditions of any Third Parties to the extent you access such Site or Content.

8. SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

9. DISCLAIMERS

Your use of our Site and use or purchase of our Content is at your own risk. The information, materials, and Content provided on or through our Site are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Content listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Content, for product defects or failures, claims that are due to your use of our Content, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

We cannot guarantee that our Site will work as advertised, or that our Content will give you the desired results.

By accessing our Site, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Site or by any Third Party Content or Third Party Site. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Site.

In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

10. LIMITATION OF LIABILITY

Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Content. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Content be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Content, any Site linked to our Site or Content (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the Content or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site are contingent on your agreement with this and all other sections of these Terms of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site or Content within the last six months, whichever is greater.

11. INDEMNITY

In addition to the other indemnities provided by you under these Terms of Use You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Site or Content by you or your officers, employees, agents, contractors or consultants.

12. PRIVACY AND CHILD PROTECTION

In addition to our obligations under the Commonwealth Privacy Act 1998 and any State based health records legislation (to the extend applicable), we also comply with all Australian Child Protection legislation to the extent applicable.

13. CONSENT TO RECEIVE FUTURE COMMUNICATIONS

When you register with us and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.

14. TERMINATION OF ACCESS

Access to our Site or Content may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.

15. MISCELLANEOUS

Variation and Waiver

A provision of or a right created by these Terms of Use cannot be waived except in writing signed by the party granting the waiver.

Approvals and Consents

Where any provision of these Terms of Use provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms of Use expressly provide otherwise.

Entire Agreement

The agreement contained in these Terms of Use contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms of Use.

Relationship of Parties

Nothing in this these Terms of Use creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.

Governing Law and Jurisdiction

The agreement contained in these Terms of Use is governed by and construed in all respects in accordance with the laws of the State of Victoria Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Victoria.

Assignment

You must not novate, assign or subcontract the agreement contained in these Terms of Use or any of its obligations herein without our prior written consent.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.

Legal Notice Amendments

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms of Use and new additional information.

Last Update November 2021