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Contents

  • Data Collection
  • Data Security
  • Data Use
  • Data Disclosure
  • Data Retention and Destruction
  • Access by You to Your Personal Data
  • Information about Data Handling Practices
  • Handling of Enquiries, General Concerns and Complaints
  • Enforcement
  • Changes to These Privacy Undertakings
  • Definitions

Data Collection

Absolute and Alive Photography undertakes to collect Your Data by means that are:

  • fair;
  • legal; and
  • transparent.

If you visit Absolute and Alive Photography’s web-site, your web-browser
automatically discloses, and Absolute and Alive Photography’s web-server automatically logs, the
following information: the date and time, the IP address from which you issued
the request, the type of browser and operating system you are using, the URL of
any page that referred you to the page, the URL you requested, and whether your
request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form,
may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically
provides
may also be logged. This will be the case, for example, if
your browser has previously been requested to store data on your computer in
‘cookies’ and submits them each time you request a web-page
within a particular domain (such as Absolute and Alive Photography.com). This data may or may not
be sufficient to identify you.

If you disclose personal data to Absolute and Alive Photography in conjunction with an
identifier such as your name or your credit-card details
, Absolute and Alive Photography
will collect Your Data. Moreover, any data that becomes available to Absolute and Alive Photography
through any of the means described in the preceding paragraphs may be able to be
associated with that identifier, and hence become Your Data.

Subject to the qualifications immediately below, Absolute and Alive Photography undertakes to
collect Your Data from you and not from other parties. This
undertaking is qualified as follows:

  • where Absolute and Alive Photography reasonably considers that the protection of its
    financial interests requires that it gather YourData from other sources, or
    from additional sources. This applies in particular where Absolute and Alive Photography has a
    lending exposure to you, and seeks information about your creditworthiness;
  • where Absolute and Alive Photography reasonably considers that its capability to deliver
    quality services to you will be materially enhanced by gathering YourData from
    other sources. This applies in particular to consumer profile data.

Where Absolute and Alive Photography collects Your Data from sources other than
you
, it undertakes:

  • to do so only by legal means;
  • to do so only with your Consent; and
  • to declare to you what sources it uses, and under what circumstances.

Absolute and Alive Photography undertakes to declare the purpose of collection
in a manner which is clear and meaningful, and to avoid vague, highly inclusive
statements such as ‘to support our operations’.


Data Security

Absolute and Alive Photography undertakes to store Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.

Absolute and Alive Photography undertakes to store Your Data only in
jurisdictions where data protections are at least equivalent to
those required under the OECD Guidelines.

Absolute and Alive Photography undertakes to transmit Your Data in a manner
that ensures security against unauthorised access, alteration or deletion, at a
level commensurate with its sensitivity.

Absolute and Alive Photography undertakes to implement appropriate measures to ensure
security of Your Data against inappropriate behaviour by Absolute and Alive Photography’s
staff-members and contractors
. These include:

  • training for staff in relation to privacy;
  • access control, to limit access to Your Data to those staff and
    contractors who have legitimate reasons to access it;
  • particularly in the case of sensitive data, audit trails of accesses,
    including the identities of staff and contractors accessing the data;
  • reminders to staff and contractors from time to time about the importance
    of data privacy, and the consequences of inappropriate behaviour;
  • declaration of appropriately strong sanctions that are to be applied in
    the event of inappropriate behaviour
  • clear communication of policies and sanctions; and
  • processes to audit, to investigate and to impose sanctions.

Data Use

Use refers to the application of Your Data by any part of Absolute and Alive Photography, or any
staff-member or contractor of Absolute and Alive Photography in the course of their work.

Absolute and Alive Photography undertakes to use Your Data only for:

  • the purposes for which it was collected;
  • such other purposes as are subsequently agreed between
    Absolute and Alive Photography and You;
  • such additional purposes as may be required by law. In
    these circumstances, Absolute and Alive Photography will take any reasonable steps available to
    it to communicate to You that the use has occurred, unless it is precluded
    from doing so by law; and
  • such additional purposes as are authorised by law (in
    particular to protect Absolute and Alive Photography’s interests, e.g. if it believes on
    reasonable grounds that You have failed to fulfil your undertakings to
    Absolute and Alive Photography or have committed a breach of the criminal law).

Absolute and Alive Photography undertakes to use YourData only if it has demonstrable
relevance
to the particular use to which it is being put.

Absolute and Alive Photography undertakes to use YourData in such a manner as to take into
account the possibility that it is not of sufficient quality for the
purpose
, e.g. because it is inaccurate, out-of-date, incomplete, or
out-of-context.


Data Disclosure

Disclosure refers to making YourData available to any party other than
Absolute and Alive Photography and You. The term disclosure may include many different conditions
of data transfer, including selling, renting, trading, sharing and giving.

Absolute and Alive Photography undertakes to disclose Your Data only under the following
circumstances:

  • in the course of business being conducted between You and
    Absolute and Alive Photography
    , where disclosure is necessary to a contractor, such as a
    transport company. Where Your Data is disclosed in this way, Absolute and Alive Photography
    undertakes to exercise control over Absolute and Alive Photography’s contractors to ensure that
    their actions are compliant with these Terms;
  • in other circumstances that are directly implied by the purpose
    agreed between You and Absolute and Alive Photography
    at the time of data collection or
    subsequently. Where Your Data is disclosed in this way, Absolute and Alive Photography undertakes
    to exercise control over Absolute and Alive Photography’s contractors to ensure that their
    actions are compliant with these Terms;
  • with your consent, or at your request;
  • where required by law, such as a provision of a statute,
    or a court order such as a search warrant or sub poena. In these
    circumstances, Absolute and Alive Photography will take any reasonable steps available to it to
    communicate to You that the disclosure has occurred, unless it is precluded
    from doing so by law;
  • where permitted by law (e.g. the reporting of suspected
    breach of the criminal law to a law enforcement agency; and in an emergency,
    where Absolute and Alive Photography believes on reasonable grounds that the disclosure of
    YourData will materially assist in the protection of the life of health of
    some person), provided that Absolute and Alive Photography will apply due diligence to ensure
    that the exercise of the permission is justifiable.

In all cases, Absolute and Alive Photography undertakes to disclose only such of Your Data as is
necessary in the particular circumstances.


Data Retention and Destruction

Subject to the qualifications immediately below, Absolute and Alive Photography undertakes:

  • to retain Your Data only as long as is consistent with
    its purpose; and
  • to destroy Your Data when its purpose has expired, and to
    do so in such a manner that Your Data is not subsequently capable of being
    recovered.

This undertaking is qualified as follows:

  • Your Data may be retained in Absolute and Alive Photography’s logs, backups and audit
    trails
    within short-term retention cycles that are devised to protect
    the company’s operations. In such cases, Your Data will be destroyed in
    accordance with those cycles;
  • Your Data may be retained beyond the expiry of its purpose if that is
    required by law, such as a provision of a statute, or a court
    order such as a search warrant or sub poena, or a warning by a law enforcement
    agency that delivery of a court order is imminent. In these circumstances,
    Absolute and Alive Photography:

    • will take any reasonable steps available to it to communicate to You
      that Your Data is being retained, unless it is precluded from doing so by
      law; and
    • will only retain Your Data while that provision is current, and will
      then destroy Your Data;
  • Your Data may be retained beyond the expiry of its purpose if it is
    authorised by law (in particular to protect Absolute and Alive Photography’s
    interests, e.g. if it believes on reasonable grounds that You have failed to
    fulfil your undertakings to Absolute and Alive Photography or have committed a breach of the
    criminal law). In these circumstances, Absolute and Alive Photography will only retain Your Data
    while that situation is current, and will then destroy Your Data.

Access by You to Your Personal Data

Absolute and Alive Photography undertakes to provide you with access to Your
Data, subject to only such conditions and processes as are reasonable in the
circumstances. In particular, Absolute and Alive Photography undertakes to enable access:

  • conveniently;
  • without unreasonable delay; and
  • without cost.

Absolute and Alive Photography undertakes to establish and operate identity
authentication protections for access to Your Data
that are appropriate
to its sensitivity, but practical. This may involve some inconvenience; for
example, relatively straightforward procedures may be involved in order to
provide you with access through a channel that you have previously registered
with Absolute and Alive Photography (such as a particular email-address), but may impose more
onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of Your Data, Absolute and Alive Photography
undertakes to take reasonable steps in relation to the amendment,
supplementation or deletion
of Your Data.

You undertake:

  • not to seek access for frivolous purposes, or unreasonably frequently;
  • to accept that deletion of some data may not be consistent with the
    provision of particular services by Absolute and Alive Photography to you.

Information about Data-Handling Practices

Absolute and Alive Photography undertakes to make information available to you about the manner
in which Absolute and Alive Photography handles your data:

  • in general terms, in a readily accessible manner; and
  • in more specific terms, on request.

Where Your Data is disclosed to a contractor, Absolute and Alive Photography undertakes to make
information available to you on request about the manner in which Absolute and Alive Photography’s
contractors handle your data.

Absolute and Alive Photography undertakes to ensure that the information provided is meaningful,
and addresses your concerns.

You undertake:

  • not to seek such information for frivolous purposes, or unreasonably
    frequently; and
  • to accept that the disclosure of excessive detail may harm the security of
    Your Data and Absolute and Alive Photography’s business processes, and may harm Absolute and Alive Photography’s
    commercial interests.

Handling of Enquiries, General Concerns and Complaints

If you have enquiries, general concerns, or complaints about these Terms, or
about Absolute and Alive Photography’s behaviour in relation to these Terms, you undertake:

  • to communicate them in the first instance:
    • to Absolute and Alive Photography only;
    • in sufficient detail;
    • through a channel made available by Absolute and Alive Photography for that purpose;

Absolute and Alive Photography undertakes:

  • to provide one or more channels for communications to
    Absolute and Alive Photography, which are convenient to users;
  • to promptly provide acknowledgement of the receipt of
    communications, including the provision of a copy of the communication, the
    date and time it was registered, and Absolute and Alive Photography’s reference-code for the
    communication;
  • to promptly provide a response to the communication, in
    an appropriate and meaningful manner.

You further undertake to not pursue Absolute and Alive Photography through any Regulator
or the media
:

  • until and unless Absolute and Alive Photography has had a reasonable opportunity to respond
    to the initial communication; and
  • while Absolute and Alive Photography and you remain are conducting a meaningful dialogue
    about the matter.

Enforcement

Absolute and Alive Photography declares that its undertakings in these Terms are intended to
create legal obligations, and that those obligations are
intended to be enforceable under appropriate laws in
appropriate jurisdictions. These include laws relating to data protection,
privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction
that is relevant to the transactions that have taken place between You and
Absolute and Alive Photography, in particular the jurisdiction in which you live or in which you
performed the relevant acts, and the jurisdiction in which Absolute and Alive Photography is
domiciled or performed the relevant acts.

If you wish to discover the relevant laws in any particular
jurisdiction, Absolute and Alive Photography draws your attention to the following resources:


Absolute and Alive Photography undertakes:

  • not to materially change these Terms in a manner that reduces the
    protections for Your Data;
  • to take all possible steps to prevent any company that acquires this
    company or any of its relevant assets from materially changing the Terms
    applicable to Your Data in a manner that reduces the protections for Your
    Data;
  • where it is considering making changes to these Terms, or creating more
    specific Terms relating to specific services, to consult with appropriate
    representative and advocacy organisations;
  • where it makes changes to these Terms, to ensure that the differences
    between successive versions are readily accessible;
  • to maintain all prior versions of these Terms in such a manner that they
    are dated, and readily accessible.

Definitions

Absolute and Alive Photography means Absolute and Alive Photography;

Your Data means data that is capable of being associated
with you, whether or not it includes an explicit identifier such as your name or
customer number. In particular, it encompasses all data that Absolute and Alive Photography is
capable of correlating with you, using such means as server-logs and
cookie-contents.

Your Data does not refer to data that can no longer be associated with
you. This includes aggregated data that does not and cannot identify the
individuals whose data are included in the aggregation.

Consent means your concurrence with an action to be taken by
Absolute and Alive Photography. Consent may be express or implicit, but in either case must be
informed and freely-given.

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