PRIVACY POLICY & Terms & Condition's

 

PRIVACY POLICY

EFFECTIVE DATE: May 25, 2018
This privacy policy covers the collection and use of information for this website and any websites or mobile applications that link to it, as well as the information we collect when you interact with us through social media or other websites and online services (in each instance a “website”). This website is managed and operated by GAP Studios Pty Ltd, (“GAP Studios” or “us” or “we”).

If you are a resident of the European Economic Area (“EEA”) or Switzerland, please see 1) g. “Users in the EEA and Switzerland” in this Privacy Policy.

1) a. About GAP Studios
GAP Studios are a leading owner and operator of many Professional Family Portraiture Studios in Australia. GAP Studios owns and/or operates multiple studios, events & projects. For more information please visit www.gapstudios.com.au.  

b. What Information We Collect
Information you give us: We collect information that you choose to provide to us when you register for any photography project, event or other service; purchase or use a service with our business alliance partners; purchase products, services & enquiries; subscribe to our newsletters (either directly our website or by registering interest in a project); participate in surveys; or otherwise submit through our website. During the registration process we may request certain contact information and demographic information about you such as your name, mailing address, email address. If you purchase or pay for a service, you may also be asked to provide your credit card information to fulfill your registration request.

c. How We Use and Disclose Information
GAP Studios may use and disclose your contact information for any of the following reasons:

  • To provide, maintain, personalize, optimize, and improve the website, including research and analytics regarding use of the website, or to remember you when you leave and return to the website;

  • To provide and improve our products and services, to process any transactions you request, or authenticate you as a customer;

  • To deliver advertising, including interest-based advertising on our websites and other websites and applications;

  • To provide you with information about products or services you are interested in, including trade shows, conferences and other events;

  • To provide you with e-newsletters you have requested;

  • To send you; and

  • To contact you regarding events & notices.

GAP Studios will not sell off or share your data with any external sources. We maintain the confidentiality, security and integrity of such information.

Notwithstanding any other provision of this privacy policy, we may disclose information about you to any third party when disclosure is required by law, or desirable to permit us to exercise or preserve our legal rights or take action regarding potentially illegal activities or to protect the safety of any person. In the event we are acquired by or merged with a third-party entity or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control.

d. Children
This website is not directed at children under the age of 13 and does not knowingly collect any personal information from children under the age of 13. If a parent or guardian believes that this website has collected the personal information of a child under the age of 13, please contact assistant@gapstudios.com.au.

e. Data Storage, Transfers, and Security
We may store the personal details we hold about you for as long as we have a legitimate business need. This information is stored in Australia. If you are located outside of Australia and voluntarily submit information to us, we may transfer that information to and store that information in Australia. The data protection laws in countries to which personal data are transferred may or may not provide a level of protection equivalent to the laws in your home country. Wherever we hold the data, we will apply the terms of this privacy policy and any applicable data protection law. We maintain certain procedures to protect the confidentiality, security and integrity of information you submit to us or that we collect while it is controlled by us. However, the storage and communication of such information cannot always be completely secure. Also, we cannot and do not guarantee that data transferred to third parties in accordance with this privacy policy will be protected against intentional or accidental misuse or loss.

f. California Residents
California law permits California residents to request certain information regarding our disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to assistant@gapstudios.com.au specifying that you seek your “California Customer Choice Notice” in the subject line.

g. Users in the EEA and Switzerland
If you are a resident of the EEA or Switzerland, the following information applies with respect to personal data collected through your use of our website.

Purposes of processing and legal basis for processing: We process personal data consistent with our disclosures in this privacy policy. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide our websites and services related to our websites; and (3) as necessary for our legitimate interests in providing the website and services related to the website where those interests do not override your fundamental rights and freedoms related to data privacy.

Individual Rights: If you are a resident of the EEA or Switzerland, we respect your rights according to Chapter 3 of the EU General Data Protection Regulation. In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. Please contact us using the information below.

h. Changes to This Privacy Policy
We may change this privacy policy and our data collection and management practices. We reserve the right to update changes to this privacy policy and to our practices in collecting and handling personal information. If we make material changes, we will post a notice at this website and indicate at the top of this statement when it was most recently updated.

i. Contact
Please contact us if you have questions or wish to take any action with respect to information to which this privacy policy applies. You can reach us by sending an email to assistant@gapstudios.com.au.  

If you do not wish to receive marketing information from GAP Studios, or wish to opt out of future email promotions from GAP Studios, please email assistant@gapstudios.com.au. Please note that all promotional email messages you receive from GAP Studios will include an option to opt out of future email communications.

__

2) GIFT CERTIFICATES/PROMOTIONAL VOUCHERS:

Must be redeemed by the holder within 6 weeks from issue date of the Gift Voucher, provided the holder has not redeemed a competition Prize, Gift Certificate or Promotional Voucher with Gap Studios in the last 12 months (date calculated from the previous sitting date) Prizes are for domestic portraiture and can not be used for commercial photography. They are not exchangeable or redeemable in whole or in part for any cash equivalent. The vouchers and gift certificates cannot be used in conjunction with any other offer, prize or promotion. Only one (1) Gift Certificate or Promotional voucher/certificate can be used at a time. You cannot use the gift certificate or promotional voucher to purchase products from any other photo sessions. You can not use a voucher towards an existing order, only applicable to new orders.

One voucher per house hold. Vouchers cannot be combined.

3) SESSION DEPOSITS:

A $75  refundable photography deposit will be required to secure and hold your scheduled photo-shoot. Failure to attend or complete your scheduled appointment will result in the cancellation of any prize and the forfeiture of the photography deposit fee.

4) TRANSFERABLE:

Promotional Vouchers and Gift Certificates are NON transferable. They are not exchangeable or redeemable in whole or in part for any cash equivalent. The vouchers and gift certificates cannot be used in conjunction with any other offer, prize or promotion. Only one (1) Gift Certificate or Promotional voucher/certificate can be used at a time. You cannot use the gift certificate or promotional voucher to purchase products from any other photo sessions. You can not use a voucher towards an existing order, only applicable to new orders.

5) FACEBOOK COMPETITION:

By entering our competition via Facebook, the entrant acknowledges that the promotion is in no way sponsored, endorsed, administered by or associated with, Facebook in any way. Your data will be safe and is never shared or sold with any other businesses/parties/individuals.

Charity Competitions: All donations made from our charity competitions will be based on a minimum order of $1200 inclusive of the gift certificate. Donations can not be made from the value of the voucher. Donation will only be included if or when the client shows up and places an order with GAP Studios.

Booking Deposit of $75 must be paid when any photography session is booked. Fully Refundable unless you do not show up for your session or cancel out of GAP Studio terms.

6) EXHIBITION TRADE PROMOTION/CONTEST

By entering this Trade Promotion, you agree to the terms and conditions set out below. GAP Studios Pty Ltd (organiser of this Trade Promotion) reserves the right to amend the rules of this Trade Promotion at any time. Any failure to comply with the rules of this Trade Promotion will result in the entrant and/or winner being disqualified:

a. All information on how to enter the Trade Promotion, i.e. closing dates for entrants submissions and details of the prizes to be awarded to the winner(s), form part of these terms and conditions and in the event of any inconsistency, shall prevail over these terms and conditions.

b. This Trade Promotion is hosted by GAP Studios Pty Ltd on its website or affiliated websites. GAP Studios Pty Ltd is not responsible for any loss or damage resulting in relation to this Trade Promotion. This Trade Promotion is solely administered by the organisers and/or its affiliates. The entrant may only submit one (1) entry. Email addresses submitted will be used for GAP Studios Pty Ltd, its affiliates and sponsors for marketing purposes. The entrant may unsubscribe anytime. This Trade Promotion is open to all residents of Australia.

c. The entrant must be above the age of eighteen (18) years or accompanied by a parent. Employees of organizers are not eligible to enter the Trade Promotion.

d. All information submitted by the entrant must be accurate, complete and operational. The organizers may require the winner(s) to provide proof of identity (NRIC/Passport with same registration name) when collecting prizes.

e. Trade Promotion Period - Opening 16:30pm 27th March 2019 and closing 23:59pm 1st October 2019 (the “Trade Promotion Period”). The organiser’s computer is the official time-keeping device for the Trade Promotion.

f. All entrants must be photographed in the GAP Studios premises, by an approved photographer by 1st October 2019.

g. The organisers will not be responsible for entries that are not received, lost, delayed or incomplete. Any entry which is late, incomplete or does not comply with these terms and conditions will be deemed invalid at the sole discretion of the organisers. The organisers shall not be liable for any electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties and errors in transmission in respect of any entries attempted but not received.

h. The winner(s) will be selected by lucky draw at the sole discretion of the organisers. The selection of the winner(s) will be at the sole and absolute discretion of the organisers and the organisers’ decision will be final. The organisers reserves the right to authorise any of its partners and/or vendors to administer the Trade Promotion on its behalf, including but not limited to the selection of the winner(s). The winner(s) will be notified to the contact information provided by the winner(s) in their entries. Entitlement to prizes by winner(s) may be subject to them signing waivers, the organizer to share and promote social media proof of the winner(s) session experience, liability releases and, except where prohibited by law, publicity releases and returning such signed documents within seven (7) days of being so notified. The organisers will not be responsible for and shall not be liable for any failure or delay in notifying the winner(s). In the event that the organiser cannot for any reason obtain the winner’s acknowledgement within twenty four (24) hours of first attempting to do so, the organiser reserves the right to select an alternative winner at organiser’s sole discretion.

i. Prizes need to be collected within seven (7) days of winner(s) announcement. Otherwise, the prize will be deemed to have been forfeited and the organiser reserves the right to offer any prize to other entrants.

j. The prize is awarded “as is” and the organisers make no warranty or guarantee, either express or implied, in any respect as to the prizes. The organisers, its affiliates and service providers accept no responsibility and shall not be liable for any and all damages, costs, expenses, claims or losses of any kind that a winner may incur as a result of a defect in any of the prizes or in connection with any entrant participation in the Trade Promotion. Entrants shall indemnify and hold harmless the organisers, its affiliates and service providers from any loss or damages resulting from his breach of these terms and conditions. Prizes are non-transferable and no cash alternative will be offered.

k. Unless otherwise specified, the winner will bear all expenses including spending money, accommodation, flights over the value of the gift voucher, upgrades, meals, drinks, transfers, laundry charges, activities, incidentals, taxes (including departure taxes), energy surcharges, gratuity, services charges, travel insurance, excess baggage, overweight baggage and all ancillary costs.

l. The organiser accepts no responsibility for any failure to fulfil any of its obligations arising out of circumstances outside its control. Such circumstances shall include, but shall not be limited to terrorist attacks, government regulation, regulatory action, accident, war, riot, natural disaster, explosion, fire, weather or strike, events affecting the operation of the Trade Promotion including if the Trade Promotion website is infected or affected by a virus, bugs, unauthorised human intervention, or other causes beyond the control of the organisers or its service providers, or the occurrence of any matter which corrupts the administration, security, fairness, integrity, or proper operation of the Trade Promotion or for any other reason at the sole discretion of the organisers. The organiser reserves the right to suspend or cancel the Trade Promotion in the event of occurrence of any cause beyond its control.

m. By entering this Trade Promotion, the entrant consents to the organisers and its service providers using and processing the entrant’s personal data in connection with the Trade Promotion and in accordance with organisers’ privacy policy or otherwise as required by law or regulation. In addition, the entrant permits the organisers to use the entrant’s personal data for any commercial purpose and to publish the entrant’s submissions and/or his personal data in various media for publicity purposes. Prizes are subject to winners taking part in or cooperating with the organisers in relation to related publicity and providing a photograph for publication and/or taking part in further promotional activities.

n. The Trade Promotion is governed by the laws of Australia. Disputes in connection with the rules or this Trade Promotion shall be subject to the jurisdiction of the Australian courts.

o. A person who is not a party to the agreement contained in these terms and conditions has no right to enforce or enjoy the benefit of this agreement.

p. The Trade Promotion is in compliance with the ADMA rules and regulations & Australian Competition Law. For further information visit https://www.adma.com.au/compliance & https://www.australiancompetitionlaw.org/guidelines.html

7) ARTISTIC CONTROL:

Gap Studios reserves artistic control over the design and content of each photo shoot. We may, at our discretion, decline to create certain types or styles of photography. We reserve the right to refuse to produce images at some sizes or combinations of sizes if we believe such images would or could be detrimental to our reputation as a professional studio or as professional photographers.

Clients should discuss their requirements with the studio prior to the photo shoot.

8) REFUSAL OF SERVICE:

Gap Studios reserves the right to refuse service if in our opinion the provision of service is likely to cause or has caused disruption to either staff members or the normal operation of business.

9) APPOINTMENT RESCHEDULE POLICY:

Gift Certificates and Promotional Vouchers entitle the holder to a SINGLE APPOINTMENT ONLY. Once made, an appointment cannot be rescheduled and the Gift Certificate or Promotional Voucher is deemed to have been used in full at that original appointment time and date.

*NOTE: In exceptional circumstances, management may, at their sole discretion, reschedule an appointment and carry forward the Gift Certificate.

10) NO SHOW POLICY:

Non attendance (NO SHOW) at an appointment without notice, will result in the forfeiture of your session fee. The Gift Certificate or Promotional Voucher is then deemed to have been used in full.

11) COPYRIGHT:

Unrestricted Copyright to all images created during the photo shoot that forms part of the Gift Certificate or Promotional Voucher or Referral Voucher is deemed to belong solely to Gap Studios.

12) PRIVACY:

By commissioning Gap Studios to create images or by entering any promotion or competition, clients and or entrants understand and agree that Gap Studios may use the information provided by them in accordance with National Privacy Principles. http://www.privacy.gov.au

 

Gap Studios – Copyright Terms & Conditions

Copyright: All photographs taken by Gap Studios are protected in Australian by the Copyright Act 1968 and by applicable legislation in other jurisdictions. All rights are reserved.

The images and textual content on this site must not be downloaded or reproduced in any way or used for any personal editorial, or commercial purpose without the written permissions from Gap Studios.

If you wish to use or purchase any photographs found on this website, please contact Gap Studios for more information. In some cases, usage MAY be granted provided a reasonable citation or compensation for the photograph. For further information, please contact Gap Studios.