TERMS & CONDITIONS FOR USE
BY PURCHASING FROM THIS SITE AND FROM Golden Heart Photography LLC YOU AGREE TO THE FOLLOWING TERMS:
The Terms and Conditions for Use stated herein (hereinafter the “Terms” or “Terms and Conditions”) govern your use of and access to www.goldenheartphotography.com and its sub-domains and affiliated sites, as well as[Golden Heart Photography LLC (hereinafter the “COMPANY”) pages and accounts on Facebook®, LinkedIn®, Instagram®, and YouTube® and other applicable social media sites (collectively, referred to hereinafter as the “Sites”). Company owns and operates this website www.goldenheartphotography.com, its subdomains and affiliated sites, Sites, and services and products on this website. This agreement governs your relationship with Company. By using the Sites, purchasing, downloading and/or using the services or products as described herein, you are agreeing to the Terms and you agree to be bound by all Terms of Service without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, you shall discontinue use of Company’s products immediately.
The Terms contained on this page are subject to change at any time. While notice of modification to Terms will be sent to site users, it is your responsibility to check this page regularly to take notice of any changes we may have made to the Terms. Your continued use of a Site following any changes means you accept and agree to any changes.
“Products” referred to by these Terms include, but are not limited to: blog posts, downloadable guides, newsletters and any & all educational resources. and any other services provided for purchase or for which you supply personal information in exchange, including free downloaded material or other information available through www.goldenheartphotography.com. All such Products are the intellectual property of and are owned by Company.
NO RELATIONSHIP ESTABLISHED
Independently, use or access of Sites does not constitute a client relationship or related privileges. Content provided to users via Sites is solely for educational and general informational purposes regarding issues and ideas; content is not intended to be specific business advice for any individual user. Products and information available through www.goldenheartphotography.com or in e-mail newsletters do not constitute expert advice and no guarantee is made for such to be accurate, correct, complete, current, or beneficial for your purposes.
You agree that by using www.goldenheartphotography.com, Sites, and any Products for which you tender payment or otherwise obtain through Company, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
All images, text, designs, graphics, trademarks and service marks are owned by and property of Golden Heart Photography LLC, or the properly attributed party. Unless explicitly stated otherwise, the intellectual property rights in all software and content (including, but not limited to photographic images, contract templates, worksheets, articles, blog posts, logos, names, products, services, designs and other matters related to the Sites) made available to you on or through this website and Sites remain the property of Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. Company grants a single user, non-exclusive, non-transferable license to download, view, copy, display and print Products you purchase solely for your own personal use. You are not permitted to publish, manipulate, distribute, sell or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Sites but for the edits and additions necessary to complete the template forms for your personal use. You may not use such content in connection with any business or commercial enterprise.
But for the permissive usage stated herein, it is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
Company maintains a right to republish any submission in whole or in part as reasonably necessary in the course of its business. You agree not to submit any content or communications that may be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Company Sites, Products, and related materials are provided for educational and informational use only. Company provides general information for use to those who have chosen to view, purchase, download, or otherwise use the information provided by Company. While Company strives to keep its Products current, and accurate, Company cannot guarantee that all the information available at www.goldenheartphotography.com(including related domains and subdomains) or information provided in Products obtained from Company, is current and/or accurate at all times or in all areas. You expressly acknowledge and understand that any information or knowledge you gain as a result of using Sites is used at your own risk. If you observe any errors or omissions and would like to let us know, please contact us at firstname.lastname@example.org.
While Company may reference certain results, outcomes or situations on Sites, you understand and acknowledge that Company makes no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of such statements or any other statements on this website or Sites. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, CPA and/or CFP, respectively. Company expressly disclaims any and all responsibility for actions or omissions you choose to make as a result of using Sites, Products or the materials contained herein.
You agree to indemnify, defend and hold harmless Company, its subdomains, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Sites or participation under this Agreement or your breach of the Terms.
Sites may use affiliate links to sell certain products or services. Company disclaims any and all liability as a result of your purchase through such links. Company will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website, Sites, and/or related communications.
All Products are non-refundable and not returnable, under any circumstances. All sales are final.
If at any time Company believes you have violated these Terms; Company shall immediately terminate your use of its Sites and any related communications as Company deems appropriate. It is within Company’s sole discretion to allow any user’s access of Sites and Company may revoke this access at any time without notice, and if necessary, block your IP address from further visits to Sites.
You agree that the maximum amount of damages you are entitled to in any claim relating to the tender of Products or otherwise related to Company, Sites, or Company affiliates and/or subsidiaries shall not exceed the Total Lump Sum Cost of the service or Product provided by Company.
These Terms are governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, without giving effect to its conflict of laws. The nearest state and federal court to Ringoes, New Jersey shall have exclusive jurisdiction over any case or controversy arising from or relating to the Products,] Terms, and/or use of the Sites. By using the Products, you hereby submit to the personal and exclusive jurisdiction and venue of these courts.
By using our Sites, you hereby consent to our Terms and Conditions for Use.
If you have any questions about the nature of Company’s Products, services, or any of our terms or policies, please direct all questions to: email@example.com
Updated and Effective: August 16, 2022
PLEASE REVIEW THIS POLICY CAREFULLY
COLLECTION OF YOUR PERSONAL INFORMATION
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device also known as Personal Data. Personal Data is information that can be used to individually identify you specifically, including, but not limited to your name, postal or other physical address, email address, telephone number, or demographic information like your age, gender, or hometown and other personally identifiable information. We generally collect personal data directly from you when you voluntarily provide your information for purposes of newsletters, free downloads, purchase of products/services, responding to blogs, responding to newsletters, purchase of any and all digital material. We collect and process data when you interact with us. Collection of data may include:
CATEGORIES OF INFORMATION WE COLLECT
The Personal Data we collect about you will depend upon how you use our Site(s) or otherwise interact with us. Accordingly, we may or may not collect any of the below information about you. Examples include:
Identifiers and Contact Information. Name, Email address, home/work/mobile number, postal or other physical address, and credit/debit card information, and photographs.
Purchase or Other Commercial Information. This information includes the items you purchase, shipping address, and contact information (such as for receipts or order updates).
Social Networking Data. This information may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat or other social networking sites or apps, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Derivative Data. Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website(s), and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Profile and Account Information. Information may include contact, purchase, and preference information as well as your account password, product review information, and other information about your profile or account.
Communications and Interactions. Examples may include email messages, chat sessions, text messages, and phone calls that we exchange with you.
Demographic Information. Information may include age or birthdate, gender, ZIP code, and other information about you. Call Recordings. Recordings include information about your call and that you share when you call us on the phone.
Device and Browsing Information and Other Internet Activity Information. Information may include your phone, tablet, computer, or device, and online browsing activity (collectively, "automatically collected information"). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information also may include information about when and how you access and use our website(s) or mobile application, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website(s), how you navigate and what you search for using our website(s) and mobile application, the website pages and items you view using our website(s) and mobile application, and the items you purchase.
Opt-in Preference Information. Information may include information about your transactions and opt-ins online and/or information about your participation in any contests, sweepstakes, or promotions.
Inferences. Inferences about any of the information above that may relate to your preferences, or other matters.
Other Data. On occasion, you may give us additional data, in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
Most of our services do not require any form of registration, allowing you to visit the Site(s) without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. You may choose to access our Site(s) without any Personal Data input requested by us, but it may not be possible for you to gain access to certain parts of the Site(s). We only ask for information that is reasonably required for the purposes intended to provide service(s) or product(s) to you or to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
HOW WE USE PERSONAL DATA
We process Personal Data for purposes such as:
To allow you to participate in the Site(s), and/or features or activities we offer
To process a transaction through our Site(s) or to process your account registration, verify your identity or eligibility, and to send you confirmations and receipts;
To process your orders and deliver the Products/Services that you have ordered
To contact you regarding any problems with your merchandise order or account
To update you about our products [add other items e.g. software updates]
To create and administer your account
To send you newsletters
To provide support and assistance to you and your online experience with us
To provide the ability to contact you and provide you with any necessary updates regarding your order
To deliver your product or services purchased and/or requested
To share special offers and promotions
To share free downloads
To provide customer feedback and support
To personalize marketing communications and website content based on your preferences
To respond to your inquiries and provide customer service related to your use of the Site(s)
To protect against misuse of the Channels, fraud, or any criminal activity
To help us serve you better, including personalizing your shopping experience and tailoring content, recommendations, and offers we display to you, including advertisements
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations and internal business purposes
To meet contract or legal obligations
To process payments or refunds
At any given time, you have the option to opt out of the communications sent by us by using the “Unsubscribe” link found in the email we send to you or you can contact us by using the information in the “Contact Us” section of this Policy.
HOW WE COLLECT INFORMATION
Most of the Personal Data we collect is through you, voluntarily providing the information as you use our Site(s). Other sources of data collection is through our website, during calls with you, Google analytics, messages on social media platforms, and reviews. We also obtain information from third parties. For example, we may collect and obtain information from the following sources:
From You, such as when you make a purchase, interact with us, visit or contact us, register for an online account or newsletter, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, register to attend an event or appointment, or sign up for emails or marketing
From the Company Subsidiary Brands and Affiliates, such as from [NAME OF ALL SUBSIDIARIES OR AFFIILIATES], and our other affiliates, and subsidiaries that you have interacted with
From Third Parties, such as service providers that we use, analytics companies such as Google and Shopify, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with
From Social Media Platforms and Networks that you use in connection with our website or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website(s) or mobile application, we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use; and
Using Cookies and Automatic Collection Methods, such as from the third parties we work with who may collect information from the computer, tablet, phone, or other device that you install our mobile application on, that you use to access our website(s), or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information and generally does not include personal information unless you provide it through our Site(s) or you choose to share it with us. Methods we may use include:
Cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser)
Web Beacons or Tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our website(s) or open an email we send to you)
Website and Mobile Application Log Files (which we tend to create automatically in connection with access to and use of our website(s) and mobile application)
Flash cookies or Local Stored Objects (which may be placed using Adobe Flash software—learn more about privacy and storage settings for Flash cookies at Adobe website) and
Other Technologies (which may be similar to or different than the methods noted above).
WITH WHOM WE SHARE PERSONAL DATA and THIRD PARTY LINKING
We also share Personal Data with business partners and authorized third party vendors, agents or contractors in order to complete transactions, orders of products or services, delivery of products or services and processing credit card transactions. Site(s) may link to or incorporate websites, advertising or content hosted and served by third parties over which we have no control, and which are governed by the privacy policies and business practices of those third parties, including the banks or payment systems for transactions. Company is not responsible for the privacy practices or business practices of any third party.
We recommend that you take every precaution in protecting your Personal Data when you are on the Internet. When linking to other third-party websites from our Website(s) and/or Site(s), we encourage you to review the privacy statements and policies of the other websites as they are outside of our control, and thus, we assume no liability for their privacy policies and Personal Data processes.
We employ commercially reasonable security methods and technologies to help secure your personal information, including physical, technological, and organizational protections. However, no system can be guaranteed 100% secure. We, therefore, cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Site(s) and provide us with information at your own initiative and risk.
CALIFORNIA RESIDENT RIGHTS UNDER THE CCPA
Exercise Your Right
You have the right to request to access the Personal Data we collect, use, disclose, and sell, including specific pieces of Personal Data we have collected and/or used about you in the preceding 12 months. Additionally, you have the right to ask us to delete the Personal Data we collect about you, subject to exceptions set forth in the CCPA. California residents also have the right to opt-out from the sale of their Personal Data. These rights are subject to some limitations, such as when we are retaining data to comply with our own legal obligations.
Exercising Access and Deletion Rights
To exercise the request to access, request to delete, and/or request to opt out described above, please submit a verifiable consumer request to us by sending us a message: firstname.lastname@example.org. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. Please provide sufficient detail for us to process, understand, evaluate and respond to the request efficiently and effectively. We do not charge a fee to process or respond to your requests under these rights.
Request a Copy of Data You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
When you request access to the Personal Data we have collected or deletion of your Personal Data, we will typically provide the requested information within 45 days, and we will notify you within that time period if we need additional time to process your request. When you opt-out from the sale of your Personal Data, we will honor your request as soon as feasible, but no later than 15 days from the date we receive your request. We will deliver our written response by mail or electronically, at your option.
Right to Non-Discrimination
California consumers have the right to non-discrimination for exercising CCPA rights. We will not discriminate against you for exercising your CCPA rights.
OTHER CALIFORNIA RIGHTS
Under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for direct marketing purposes and providing contact information for such affiliates and/or third parties. The Act further requires us to allow you to control who we can and cannot share that information with. If you are a California resident and would like a copy of this notice, please submit a written request to the address provided below indicating which Personal Data you do not want us to share with third parties. We will respond to you as soon as possible upon receipt of the request.
Please submit all requests:
By email to: email@example.com
By mail to: Anne Haug - Golden Heart Photography LLC 57 Toad Ln. Ringoes, NJ 08551
You must put the statement “Your California Privacy Rights” in the subject field of your email or in the address line of your envelope. You must include your name, email address, street address, city, state, and ZIP code. We are not responsible for notices that are labeled or sent improperly, or which have incomplete information.
INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION AND EUROPEAN ECONOMIC AREA
GENERAL DATA PROTECTION REGULATION (GDPR)
Sharing your Personal Data
Use and Transfer of your Personal Data out of EU
Our website is hosted and operated in the United States through Company and its affiliates. If you are located in the EU, London, England, or elsewhere outside of the United States, any information you provide will be transferred to the United States. By using our website, any of our products or services or by providing Personal Data for any of the purposes above, you consent to the transfer and storage of your Personal Data to the United States, whether by us or a third party, including the hosting of this Personal Data on U.S. servers
User Rights under the GDPR
If you are located or a resident of the EU, you have specific user rights under the GDPR. You have the right to request access to the information we have for you and obtain a portable digital copy of the Personal Data. In the event you believe the information we have is incorrect or incomplete, you can request that we correct or supplement such information. Please contact us at firstname.lastname@example.org to request your Personal Data or to rectify and data. If you wish to remove your private information (such as a home address provided in an opt-in), you may contact us at email@example.com. You can also request us to a) erase or restrict your Personal Data; b) withdraw your consent regarding collection of your Personal Data; or c) object to all or a part of your Personal Data on our systems. Please contact us at photo.goldenhearphotography.com for the above requests. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with regards to your Personal Data to a supervisory authority containing jurisdiction over GDPR related issues.
POLICY WITH MINORS
Company Site(s) are not intended for individuals under the age of 18. If you are under 18, you may only use the Site(s) under the supervision of a parent or guardian. Company does not knowingly or willfully collect information from anyone under 18 years of age. No part of this website is designed to attract anyone under the age of 18. The intended purposes, sales of products and services of this website is not for anyone under the age of 18. If Company discovers or is notified that information is acquired from anyone under the age of 18, such information and data will be deleted by Company.
Personal Data retention is for as long as the User’s account is active and the purchase has been made, unless otherwise required by law. Company will retain and use information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements for a period of seven (7) years and legal information for a period of ten (10) years)
By using our Website, Site(s) and subdomains, you agree that Company is not responsible for: (i) any disclosure of your Personal Data made by you to a third party through your use of the Sites; (ii) any disclosure of your Personal Data on obtained illegally from Company; or (iii) any accidental disclosure of your Personal Data made by Company.
Personal Information does not include publicly available information from government records, de-identified or aggregated consumer information, and/or information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
This website is operated by Golden Heart Photography LLC If you wish to provide feedback, have questions or concerns, or wish to exercise your rights related to your personal data, please use the following contact information:
Please include your full name, return address, and detailed information about the subject matter of your request or question in addition to the information as stated herein in order for us to process, evaluate and respond.