kataphotography.co.nz

PRIVACY POLICY

Last updated  16th September, 2024

This privacy notice for Kata Posfai ('we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:

  • Visit our website at http://www.kataphotography.co.nz, or any website of ours that links to this privacy notice
  • Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at kata.p.photography@gmail.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we process.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by visiting mailto:kata.p.photography@gmail.com, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Review the privacy notice in full.


1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • names
  • phone numbers
  • email addresses
  • billing addresses
  • mailing addresses

Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the information described in the section called 'HOW DO WE HANDLE YOUR SOCIAL LOGINS?' below.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Cookies. Please refer to Pixieset's Cookie policy. We use Google Ads to deliver targeted advertisements and Google Analytics for collecting statistics about visiting this site, see https://policies.google.com/privacy.


2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

  • To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
  • To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
  • To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
  • To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
  • To deliver targeted advertising to you. We may process your information to develop and display personalised content and advertising tailored to your interests, location, and more.
  • To post testimonials. We post testimonials on our Services that may contain personal information.
  • To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.

Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organisational and technical security measures.

We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at kata.p.photography@gmail.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you have questions or comments about your privacy rights, you may email us at kata.p.photography@gmail.com.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO OTHER REGIONS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: You may have additional rights based on the country you reside in.

New Zealand

We collect and process your personal information under the obligations and conditions set by New Zealand's Privacy Act 2020 (Privacy Act).

This privacy notice satisfies the notice requirements defined in the Privacy Act, in particular: what personal information we collect from you, from which sources, for which purposes, and other recipients of your personal information.

If you do not wish to provide the personal information necessary to fulfill their applicable purpose, it may affect our ability to provide our services, in particular:

  • offer you the products or services that you want
  • respond to or help with your requests

At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?'

If you believe we are unlawfully processing your personal information, you have the right to submit a complaint about a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at kata.p.photography@gmail.com or contact us by post at:

Kata Posfai

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: mailto:kata.p.photography@gmail.com.

Terms and Conditions

1. Definitions

1.1 The ‘Photographer’, ‘Us’, ‘We’ refers to KATA Photography.

1.2 The ‘Client’ refers to ‘Your’, ‘You’ the individual or organisation who hires the photographer from KATA Photography on a freelance basis.

1.3 ‘Image’ and ‘Photographs’ refer to all photographic production by KATA Photography.

 2. Booking Fees and Refunds

2.1 A booking fee of $50 is payable after teh booking confirmation by transfer to 'KATA Photography' bank account.

2.2 The payment of the mentioned booking fee is cleared, KATA Photography will secure the time and date agreed for the event(s) and day(s) mentioned on your booking application.

2.3 The booking fee is non-refundable and non-transferable in the event of cancellation by you the Client.

2.4 The booking fee is credited towards the total amount quoted for the event and or services offered which is non-refundable except in any situation where the Photographer(s) cancels this agreement or is unable to perform. (Please also see ‘Limitation of Liability and Indemnification’ and ‘Cancellation’, below).

2.6 'KATA Photography’ will not refund any monies once the event has taken place. In exceptional circumstances should the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Client and ‘KATA Photography’ and only when no photos have been produced will entitle the Client a full refund.

 3. Payments

3.1 Following payment of the booking fee, the full balance must be cleared by or on the date of your event, unless a different agreement is in place with you by KATA Photography.

3.2 Payment for any additional hours is charged at an hourly rate of up to $100 per hour. Because each event is quoted differently, the exact amount you will be required to pay for any additional hours will be stipulated to you separately.

3.3 No services, i.e.: photos, additional extras or any type of services will be processed until the total balance is cleared by the Client.

3.4 Payment for Additional Hours or other Optional Extras is to be made in full unless agreed separately.

3.5 In the event your balance is not cleared in full, 'KATA Photography' will consider this agreement to be null and void. 'KATA Photography' will no longer be obliged to cover any event(s) and will cease to deliver any services and or products to the Client.

 4. Photographer(s) and photographer’s assistant

4.1 Your event will have a minimum of 1 Photographer.

4.2 The photographer may have assistants in attendance to help setup lights and equipment.

4.3 The Photographer(s) may use their personal mobile phones to take photos and videos on the day of your event, this is to promote the work of KATA Photography onto social media in real-time.

4.4 Any additional services demanded from the Photographer(s) by you is chargeable at the Photographer(s) discretion.

 5. Images

5.1 You will receive images online.

5.2 All final image sizes are nominal.

5.3 The Photographer will colour balance all photographs which they deem to be appropriate but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres and or anomalous lights. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.

5.4 Digital proofs will be ready approximately within 1-5 weeks after the date of the event(s).

5.5 'KATA Photography’ is not liable to provide every image taken at the event. The determination of images delivered to the Client is left to the discretion of the KATA Photography.

5.6 ‘KATA Photography’ will maintain backup copies of the images in archives for a period of 1 year at which time the client may request all original JPEG or PNG files online

5.7 There is no minimum or maximum amount of images you will receive.

 6. Photography

6.1 The Photographer(s) will document your event in a candid documentary style and will choreograph shots at their will.

6.2 You the Client will be responsible for appointing an events manager who will be responsible in bringing any specific shots i.e. formal shots of family members etc to the attention of the Photographer(s).

6.3 Prior to and or during the event, you may inform the Photographer(s) of any subjects or styles in which you would like the event photographed.

6.4 'KATA Photography' will try it’s best to honour your requests however we cannot guarantee that all or any of your requests will be met. The final content of the images produced is at the discretion of the Photographer(s).

 7. Creative License

7.1 ‘KATA Photography’ shall be granted artistic licence in relation to the poses photographed and the locations used.

7.2 The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests.

7.3 The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.

 8. Payment options

8.1 Booking fee is payable after booking confirmation by transfer to KATA Photography bank account.

8.2 Packages are payable after booking confirmation by transfer to 'KATA Photography' bank account or in cash on the day of the photo shoot.

11. Printing Quality and Third Party Printing

11.1 ‘KATA Photography’ cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB / CD / DVD that is supplied to Third Party Printers from the street or online photo processing shops.

 12. Copyright

12.1 You agree that ‘KATA Photography’ may display and use images taken at your event for their studio; on any display areas in public or in private; for exhibitions, competitions, advertising, websites, social media networks and has the right to sell, re-sell or auction off your images for profit and for any other purpose deemed appropriate by KATA Photography.

12.2 ‘KATA Photography’ and you the client own the Copyright to all images created from your event. The images are licensed to you the Client for sharing or displaying electronically with Family and Friends and for printing by you the Client as mentioned in this agreement.

 13. Attendance

13.1 In the unlikely event the Photographer is unable to attend your event due to unforeseen circumstances out of his/her control you will be given notice.

13.2 In the event of The Photographer’s illness or any other emergency and as a result the Photographer is not able to provide the agreed services. We cannot guarantee but will try our best to provide you with a competent substitute professional photographer.

15. Limitation of Liability and Indemnification

15.1 In the unlikely event the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Photographer(s) and or cancellation of this agreement by either party or in any other circumstance; the liability of ‘KATA Photography’ shall be limited. ‘KATA Photography’ will not be liable for any direct, indirect or any consequential loss and will be free from any damages, claims or lawsuits brought against the Photographer(s) or KATA Photography.

15.2 Client shall indemnify and hold Photographer(s) harmless from and against any claims made by any other person or entity resulting from the presence and performance of Photographer(s) services under this agreement.

15.3 The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to refund the full amount paid under this agreement.

15.4 Client shall indemnify and hold ‘KATA Photography’ harmless from any loss, damage or liability resulting from the Client’s violation of the terms of this Agreement or any agreement involving Client and the Photographer(s).

15.5 The Client/Clients takes care of her own and physical health.

 16. Cancellation

16.1 The Client may cancel this agreement at any time by giving written notice to 'KATA Photography', but in doing so shall forfeit any monies paid.

16.2 Events that are postponed to a later date will retain the fee so as long the Photographer(s) can re-schedule for the new date and time.

16.3 ‘KATA Photography’ may cancel this agreement prior to the date of your event by written notice to the Client and will refund in full, any monies including any deposits that the Client has paid to ‘KATA Photography’.

16.4 All cancellations must be in writing.

 17. Complaints

17.1 Any complaints should first be raised by the Client with 'KATA Photography' in writing within 5 working days from the date of receipt of the images. Any complaints made after 5 working days from the receipt of the images will be void.

18. Independent Contractor

18.1 This agreement is not to be construed as an employment Contract in any way; ‘KATA Photography’ functions as an independent contractor and the Photographer(s) are freelancers.

 19. Receipt of services

19.1 You are required to confirm the receipt of all paid services to 'KATA Photography' once you receive them.

 20. The Agreement

20.1 The agreement incorporates the entire understanding between the mentioned parties on the Booking Form: It supersedes all prior and simultaneous agreements between 'KATA Photography' and the Client. Any modifications of this Contract must be in writing both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.

20.2 The due performance of the agreement is subject to alteration or cancellation by either party owing to any cause beyond their control.

20.3 It is agreed that the above terms set out the total agreement made between the parties and that no variation or modification of this agreement shall be effective unless agreed by both parties in writing.