Privacy Policy / T & C

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OUR COMMITMENT TO PROTECT YOUR PRIVACY

Benjamin Townsend Photography seeks to provide the best possible service to its customers by providing the best possible range and quality of photographic products and services.

We understand how important it is to protect your personal information. This document sets out our privacy policy commitment in respect of personal information that you may provide to us.

Our Privacy Policy ensures your right to privacy as we recognise that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information. Our commitment in respect of personal information is to abide by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant law.

WHO IS BENJAMIN TOWNSEND PHOTOGRAPHY?

Benjamin Townsend Photography is an organisation that offers photographic products and services within the areas of commercial, advertising, corporate, and events. We process and assess information in respect of these services provided. We also occasionally market other products.

PERSONAL INFORMATION

When we refer to personal information we mean information from which your identity is apparent. This information may include information or an opinion about you, from which your identity can reasonably be ascertained.

WHY WE COLLECT YOUR PERSONAL INFORMATION?

We collect and receive personal information from our customers or from other business referrers in order to conduct our business, including provision of photographic products and services. From time to time we may offer other products and services.

To enable us to maintain a successful business relationship with you, we may disclose your personal information with other organisations that may require your details in order for us to complete a photographic brief. The types of organisations to which we are likely to disclose information about you include other contracted photographers, photographic labs, accountants, credit reporting agencies, and lawyers. We may also provide your details in order to obtain access to required photographic locations.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

Where reasonable and practical we will collect your personal information only directly from you.

TO WHOM WILL WE DISCLOSE YOUR PERSONAL INFORMATION?

Where possible, we will inform you, at or before the time of collecting your personal information, the

types of organisations that we intend to disclose your personal information to.

Prior to disclosing any of your personal information to another organisation, we will take all

reasonable steps to satisfy ourselves that:

(a) the organisation has a commitment to protecting your personal information at least equal to our commitment; and

(b) you have consented to us doing so.

Sometimes we are required or authorised by law to disclose your personal information. Circumstances in which we may disclose your personal information would be to a Court or Tribunal in response to a request or in response to a subpoena or to the Australian Taxation Office.

DIRECT MARKETING

From time to time we may use your personal information to provide you with current information about photographic services, special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company we are associated with.

If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting our offices by telephoning 02 9008 1388 or by writing to us at PO Box W60, Warringah Mall NSW 2100. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

UPDATING YOUR PERSONAL INFORMATION

It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed.

If you wish to make any changes to your personal information, you may contact us. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.

ACCESS TO YOUR PERSONAL INFORMATION

We will provide you with access to your personal information we hold about you. You may request access to any of the personal information we hold about you at any time.

To access personal information that we hold about you use the contact details specified above. We may charge a fee for our costs in retrieving and supplying the information to you.

DENIED ACCESS TO PERSONAL INFORMATION

There may be situations where we are not required to provide you with access to your personal information. For example, such a situation would be information relating to an existing or anticipated legal proceeding with you, or if your request is vexatious. An explanation will be provided to you, if we deny you access to your personal information we hold.

BUSINESS WITHOUT IDENTIFYING YOU

In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where, it is lawful and practicable to do so, we will offer you the opportunity of doing business with us, without providing us with personal information. Such a situation would be where you make general inquiries about interest rates or current promotional offers.

Where sensitive information is collected, stored, used or transferred about you, we will only use this information if you have consented or in the exercise or defence of a legal claim. Sensitive information is information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional association or trade unions, sexual preferences, criminal record, or health.

HOW SAFE AND SECURE IS YOUR PERSONAL INFORMATION THAT WE HOLD?

We will take reasonable steps to protect your personal information by storing it in a secure environment, and when the information is no longer needed for any purpose for which the information may be used or disclosed, it will be destroyed or permanently de-identified.

We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.

FURTHER INFORMATION

You may request further information about the way we manage your personal information by writing or emailing.

CHANGE IN OUR PRIVACY POLICY

We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and market place practice. As a consequence we may change this privacy policy from time to time or as the need arises.

This privacy policy came into existence on the 1 January 2002.

 

OUR TERMS & CONDITIONS

A. Terms and Conditions of using this website.

B. General Terms and Conditions for Photographic Assignments.

 

A. Terms and Conditions of using this website.

This website is governed by the terms and conditions set forth here-in, as well as any applicable laws, statutes, ordinances, and regulations. Your use of this site, whether browsing, visiting, or otherwise accessing, shall be taken as an acceptance of these terms and conditions.

As used in this site, the terms “the Photographer”, and “Benjamin Townsend Photography” (hereafter known as “BTP”), are intended to included Benjamin Townsend Photography and its respective subsidiaries, divisions, and affiliated companies.

COPYRIGHT

All content on this site, whether text or images, is protected by Australian and International copyright law.Except as specifically permitted within the terms and conditions governing the use if this site, any reproduction, display, copying, or retransmission of any or all of the contents of this site is strictly forbidden. Requests for use of any content should be directed to the Photographer.

LIABILITY DISCLAIMER

Benjamin Townsend Photography makes no representations or warranties of any kind regarding this site as to;

  1. The accuracy or completeness of the information or other content contained in this Site, and assumes no responsibility for any errors or omissions in the contents.
  2. The fitness or suitability of any information, products, or services for any purpose and non-infringement.
  3. The presence or absence of any bugs or computer viruses which third parties may attach or embed without the knowledge or consent of BTP.
  4. Any software or content made available for download, copying, or other use.

Every user who visits this site does so at their own risk. In no event shall BTP, its affiliate, and/or suppliers be liable for any indirect, incidental, punitive, special, consequential, or other damages arising from the use of, or inability to use this website, or the content contained within. This does not affect any statutory rights you may have as a consumer.

BULLETIN BOARD, CHATROOMS, AND OTHER COMMUNICATION FORUMS

If this website contains bulletin boards, chat rooms, or other message or communication facilities (hereafter known as “Forums”), you agree to only send or receive materials or messages that are proper and related to the particular Forum. By way of example, and not limitation, you agree not to;

  1. Defame, abuse, threaten, harass, stalk, or otherwise violate the legal rights of others (including the rights of privacy).
  2. Publish or post any material or information which is defamatory, obscene, indecent, infringing, or unlawful in any way.
  3. Upload files that contain any material protected by intellectual property laws, unless you own or control those rights, or have obtained all necessary consents.
  4.  Upload files that contain viruses, corrupted files, or other software that may damage the operation of the website or another’s computer.
  5. Falsify the origin or source of any material that is uploaded.
  6. Advertise or offer to sell any goods or services or conduct surveys, contests, or chain letters,
  7. Download any file posted by another user, that you know or reasonably should know, cannot be legally distributed in such a manner.

You aknowledge that all Forums unless otherwise specified are public and not private communications, an that any postings are not endorsed by BTP.

BTP reserves the right to remove without notice any contents of the Forums received from users, and reserves the right to deny at its sole descretions any user access to this website without notice.

LINKS

Links to other internet sites may appear on this site from time to time. Except for websites maintained by divisions, subsidiaries, or affiliated companies of BTP, users acknowledge that these sites are not under the influence or control of BTP and that BTP assumes no responsibility for the contents or actions of such websites, or any potential damage arising from the use of such links.

The existence of any link between this site and any other site shall not be taken as an endorsement of such site.

MODIFICATION

BTP reserves the right to modify or change these terms and conditions at any time.

FEEDBACK

Benjamin Townsend Photography appreciates any constructive feedback with regard to these terms and conditions, or the site in general. We hope you find the information, products, and services contained herein useful.

 

B. General Terms and Conditions for photographic assignments.

1. DEFINITIONS

For the purpose of this agreement “the Agency” and “the Advertiser” shall include their respective successors and permitted assignees and where there is no agency or advertiser; all references in this agreement to either shall mean the Client.

“the Photographer” means Benjamin Townsend Photography and its respective successors and permitted assignees.

“License” means those rights in the Photographs licensed to the Client pursuant to clause 2.

“Photographs” means all photographic material furnished by the Photographer; whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material.

2. COPYRIGHT AND LICENSE TO USE

i) COPYRIGHT

The copyright in the Photographs is owned by and retained by the Photographer at all times throughout the World. The Client also agrees that the Photographer is the sole author of the Photographs. The Photographs shall be the Photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative.

ii) LICENSE TO USE

The Client shall have the right to use the Photographs only in the media, within the territory, for the period, and with exclusivity as set out in the contract or license agreement. Any extended usage must be with the written consent of the Photographer and will be subject to a further fee. The License cannot be transferred without the Photographer’s written consent. No use may be made of the Photographs until payment in full is received, without the express written permission of the Photographer.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. The Client shall return all Photographs and delete all digital copies from their systems within 30 days of the expiry of the License.

4. EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons including the Photographer for the duration of the License according to the usage rights designated therein. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the photographs for any purposes. On expiry of first initial exclusive period, the Client will be offered the first right to extend the license upon payment of a further fee. If no exclusivity period has been negotitated, the rights licensed will be considered to be non-exclusive.

5. NO ALTERATION

No alteration or manipulation of the Photographs may be made without the permission of the Photographer.

6. CLIENTS MATERIALS

The Client accepts full responsibility for any materials they supply for use in the Photographs and that the materials so supplied are insured against loss, damage or liability.

7. INDEMNITY

The Photographer shall not be liable for any legal action, claim or damages resulting from or arising our of the publication of the Photographs or any other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the Client’s use of the Photographs and the Photographer’s use of the materials on the instructions of the Client.

8. PAYMENT

The Client shall pay all expenses referred to within the contract or quotation. All assignments where the total cost estimate exceeds $8000.00 require payment of 100% of the Production Expenses and 30% of the Fees before commencement. Full payment is otherwise required within 30 days of receipt of the relevant invoice.

9. CLIENT APPROVAL

The Client is responsible for having its authorised representative present during all “shooting” phases of the Assignment to approve the Photographer’s interpretation of the Assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance there is no right of rejection.

10. OVERTIME

In the event any Assignment extends beyond eight (8) consecutive hours in any one day the Photographer will charge overtime for crew members and assistants at a rate of one and one half (1.5) times their hourly rate or fee.

11. CANCELLATION AND POSTPONEMENTS

The Client is responsible for payment of all expenses incurred up to the time of the cancellation. In addition, the Photographer shall at his discretion be entitled to charge a cancellation fee equal to 30% of the Photographer’s fees. If notice or cancellation is given less than 48 hours before the shoot date, the Client will be charged 100% of the Photographer’s fees.

Weather Postponements: Unless otherwise agreed, the Client will be charged 100% of the fee if the postponement is due to weather conditions on location, and 30% of the fee if postponement occurs before departure to the location.

12. RIGHT TO CREDIT

The Photographer’s name shall be exhibited in reasonable proximity to all published reproductions of the Photographs unless otherwise agreed in writing prior to commencement of work.

13. RESHOOTS

The Photographer will charge 100% of his fees, charges, and expenses on any reshoot requested by the Client.

14. ARCHIVING DATA

The Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner use, scan, reproduce, copy, store or alter any Photograph in whole or in part except as expressly agreed overleaf or with the subsequent written permission of the Photographer.

The Photographs are an original work. The Photographer will not specifically archive copies of the Photographs unless agreed to prior to commencement of work. Each photograph is unique and does not have an exact duplicate, and may be impossible to replace or recreate.

15. PRIVACY

The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.

16. ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.

17. APPLICABLE LAW

This Agreement is governed by the laws of New South Wales, Australia.

 

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