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Privacy Policy

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Privacy Policy

Effective date: January 01, 2019

The Foxes Photography, LLC (“us”, “we”, or “our”) operates the https://thefoxesphotography.com website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve 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, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://thefoxesphotography.com

Definitions

  • Service

    Service is the https://thefoxesphotography.com website operated by The Foxes Photography, LLC

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small files stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Inofrmation Collection and use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected:

PERSONAL DATA

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 (“Personal Data”). Personally identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

USAGE DATA

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. 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, unique device identifiers and other diagnostic data.

TRACKING & COOKIES DATA

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

The Foxes Photography, LLC uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for processing personal data under the general data protection regulation (GDPR)

If you are from the European Economic Area (EEA), The Foxes Photography, LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

The Foxes Photography, LLC may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of data

The Foxes Photography, LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

The Foxes Photography, LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Foxes Photography, LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of data

Disclosure for Law Enforcement

Under certain circumstances, The Foxes Photography, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

The Foxes Photography, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of The Foxes Photography, LLC
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of data

The security of your data 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 Data, we cannot guarantee its absolute security.

Our Policy on "Do not Track" Signals Under the California online Protection Act (Caloppa)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your data protection rights under the general datat protection regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Foxes Photography, LLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where The Foxes Photography, LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service providers

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

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

  • Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

BEhaviOral REmarkEting

The Foxes Photography, LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

PaymEnts

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to other sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

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

Children's Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to this Privacy policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

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.

Contact us

If you have any questions about this Privacy Policy, please contact us:

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COPYRIGHT © 2017 – 2022 THE FOXES PHOTOGRAPHY

CUSTOM PHOTO ALBUM AGREEMENT

THE FOXES PHOTOGRAPHY, LLC

These Terms and Conditions are a legally binding agreement is between you (“Client”) The Foxes Photography, LLC (“Photographer”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Client purchasing a custom photography album from Photographer. This Agreement shall become effective upon the date you complete the checkout process.

TERMS AND CONDITIONS

  1. Fees & Retainer

Client shall commit to a custom album package by signing and returning this Agreement along with the initial payment for album service. Photographer will not begin its custom album services until the Agreement is signed and the album design fee is received. No final album will be printed until the full payment is made. In the event Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation and retain any monies already paid as liquidated damages. Full payment must be completed by Client within 60 days of this Agreement’s date.

The fees in this Agreement are based on Photographer’s current album pricing at the time of booking. The price list is adjusted periodically, and any changes to custom albums will be charged at the prices in effect at the time.

  1. Album Design Procedure

The following outline indicates the general procedure of a custom album design. Client understands and agrees to this procedure.

  1. Photographer will use photos and album specifications to create their first custom album design.
  2. Photographer will send Client first draft of album design.
  3. Client will approve or send in revisions to album design.
  4. Photographer will make edits to album design. Only two rounds of edits are allowed.
  5. Client will approve final album design.
  6. Photographer will send in album for printing.
  7. Album is printed and shipped.
  8. Client receives final printed album.
  1. Album Spreads

Albums will include 35 spreads and no less. The definition of a “page” is one side of a spread in an album (for example, a 70-page album contains 35 spreads). If Client requests more than 35 spreads, additional spreads are $50.00 each. 

  1. Revision Rounds

The first draft will include photos selected by the photographer and will be sent to Client for approval. Client may request modifications to be made. Photographer shall complete modifications and send the second draft of album design to Client. Client may then accept the design or request one more round of modifications. Photographer will complete this second modification request and send the final draft of album to Client. After these two rounds of revisions to the album design, no further revisions are allowed. Any additional revisions are invoiced at a rate of $75.00 per round. All additional revision rounds must be paid before the revision is made by the Photographer. Photographer requires up to 10 days to complete a revision request. Client has 50 days to send Photographer any and all revision requests. Any revisions requested by Client more than 50 days after this Agreement’s date will not be accepted by Photographer.

  1. Final Approval

Photographer will not place an album order with the album Manufacturer until Client approves the design draft, and the balance is paid on any upgrades or additional spreads. Client agrees to check the final album design very carefully before giving final approval. Once final approval is given, Photographer is not responsible for typos, image defects, duplicate images, or other errors that may have been missed. 

  1. Parent/Duplicate Albums

Parent/duplicate albums cannot be altered from the original designs. All parent/duplicate albums shall be ordered at the time of final approval of the original album design and will be invoiced and must be paid prior to Photographer sending in album for printing. No parent/duplicate albums are available after the original album ordering phase is complete.

  1. Album Delivery

Client understands and agrees that Photographer’s album manufacturer (“Manufacturer”) generally takes 6-8 weeks to print and manufacture the album. While every possible precaution is taken and Manufacturer has been selected by Photographer for its superb quality, Photographer assumes no liability for the loss or damage of album while in possession of Manufacturer. 

  1. Ordering Date

Client shall agree to final album design within 60 days of this Agreement’s date. Any delay by Client in approving final album design will result in termination of this Agreement and no further obligation by Photographer.

  1. Retouching and Edits

Photographer will use the final edited images delivered to Client to make the album design. Photographer will not re-edit or retouch any images.

  1. Returns

Client understands and agrees that once final approval of album design has been given to Photographer, no returns or refunds are allowed whatsoever. In the event Client receives the printed album and sees any manufacturer defects or dislikes the album quality, Photographer will work with Manufacturer to the best of their ability to remedy the situation. Client is responsible for any additional fees associated with returning or reprinting the album.

  1. Album Archiving

Photographer shall keep a copy of final approved album design for 90 days but does not permanently archive the final album design. Client understands that after 90 days the album design will not be available to order additional copies and a new agreement must be signed to start the process over.

  1. Photographer Copyright

The final album design by The Foxes Photography, LLC is their property, will remain their property, and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control, and use of the images and album design. Violations of this federal law will be subject to its civil and criminal penalties.

  1. Reproduction

Client and Client’s agents agree to acquire the album design and product directly from Photographer through their professional album company. Client and Client’s agents agree not to scan, copy or reproduce the album design in any manner without written permission, including using the custom album design to create other albums. Photographer may seek damages for any illegal reproduction. Client and Client’s agents further agree not to supply the album to any third-parties.

  1. Communication

Photographer’s office hours are 9:00am – 5:00pm PST Monday through Friday. Photographer’s primary source of communication is through their email [email protected] Photographer will respond to Client’s emails within those office hours.

  1. Indemnification

Client shall indemnify, release, discharge and hold harmless Photographer, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Photographer from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Photographer may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Photographer pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Photographer.

  1. Maximum Damages

The sole remedy for any actions or claims by Client shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.

  1. Limitation of Liability

If, during the production and/or before the album(s) are delivered to Client, the media has been lost, stolen, or is unusable because of defect, damage, equipment/platform malfunction, processing, or other technical error caused by Photographer or by forces outside the control of Photographer, Client agrees to relieve and hold Photographer harmless and will not impose any additional liability.

In no event shall Photographer be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

  1. Force Majeure 

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure 

events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice (as defined in Section 27) within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 15 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.

  1. Cancellation of Album Services by Photographer

In the event Photographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, other personal emergencies, or total breakdown of communication with Client, it will:

  1. Immediately give notice to Client;
  2. Issue a refund or credit based on a reasonably accurate percentage of custom album services rendered; and
  3. Excuse Client of any further performance and/or payment obligations under this Agreement.
  1. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Photographer. All sales tax will be included on invoices.

  1. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.


22. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a court of competent jurisdiction located in Whatcom County, Washington. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

  1. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Whatcom County, Washington, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

  1. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

  1. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Photographer or Client without written consent of all Parties. 

  1. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

  1. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Photographer’s Email: [email protected]

  1. Counterparts; Facsimile Signatures 

The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.

Signatures

By checking the box on this order form and upon completion of purchase, you confirm that you have read, understood, and agree to the terms and conditions of this Agreement.