The client(s) shall each be jointly and severally liable under this Agreement for the obligations of the (clients).
Payment in full is due upon your execution of this agreement. In the event the payment is not received, Ivania Berube Photo will not be required to reserve your session date or provide photography services and may terminate this Agreement.
Due to the unpredictable nature of newborn photography, Ivania Berube Photo does not guarantee the delivery of any requested or expected photograph.
By signing this Agreement all parties agree to and acknowledge the style of photography performed by Photographer. No refunds shall be made for services and goods provided based upon the client's dissatisfaction with such style of photography.
The clients acknowledge and agree that the style of photography provided hereunder is artistic, candid, documentary and posed portraits.
Except as expressly provided in this Agreement, there are NO returns or refunds on services provided hereunder.
Except as expressly provided in this Agreement, Ivania Berube Photo makes no, and hereby disclaims any, express or implied representations, warranties or guarantees regarding the goods or services provided hereunder (including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose).
Any and all defects in the photographs, images, files or other products provided by Ivania Berube Photo shall be communicated to Ivania Berube Photo within one (1) week of client's receipt of same, failing which client shall be barred from making any claim for such defects.
Notwithstanding anything contained in this Agreement to the contrary, the client's sole remedy for an actual breach by Ivania Berube Photo of its obligations under this Agreement, shall be a termination of this Agreement and a refund of the Retainer and other monies collected hereunder up to the date of such breach or, at Ivania Berube Photo's option, the replacement of photographs, images or other items provided by Ivania Berube PhotoP hereunder. In no event shall Ivania Berube Photo be liable for monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other monies paid hereunder.
Upon delivery of the high resolution digital files, the client will be entirely responsible for the originals and all copies of their files and photographs and Ivania Berube Photo shall not be required, in any event, to reproduce or replace any such files or photographs that are lost, stolen or destroyed. It is recommended to make a back up copy every five years, which copies shall be subject in all cases to the limitations contained in this Agreement.
All digital images and other digital material shall remain the exclusive copyrighted
property of Ivania Berube Photo and client shall have no ownership or other rights in such images or other material. It is hereby expressly agreed that Ivania Berube Photo shall have the exclusive right to use such images or other material for display, publication, competition or other purposes as determined in the sole discretion of Ivania Berube Photo. Ivania Berube Photo gives permission to the client to duplicate or make copies and to post on social media. In no event shall client or any other person, other than Ivania Berube Photo, make any copies for the purpose of sale or publication and in no event shall client or any other person, other thanIvania Berube Photo, sell or publish any photographs or images provided by Ivania Berube Photo (or any copies thereof).
This Agreement shall be governed by the substantive laws of the Province of
ALBERTA, without regard to its conflicts of laws provisions. Any dispute under this
Agreement that cannot be resolved by Ivania Berube Photo and client after thirty (30) days of receipt of notice of the dispute shall be first be submitted to a neutral mediator selected by Ivania Berube Photo.
In the event of any breach of this Agreement by client, Ivania Berube Photo shall be entitled to
terminate this Agreement and retain the Retainer and any other monies paid by client hereunder. In addition to the other remedies expressly stated in this Agreement, Ivania Berube Photo shall have all other remedies available to it at law or in equity upon the breach of this Agreement by client.
In no event shall Ivania Berube Photo be liable under this Agreement for any consequential, incidental or punitive damages, or for lost profits.
In no event shall this Agreement be modified, altered or amended without the prior written agreement of each party hereto.
This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.
If any provision of this Agreement is held invalid or unenforceable by any court of
competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
In the event of a divorce or separation of the clients prior to Ivania Berube Photo's delivery to the clients of the photographs, images, files or other products supplied by Ivania Berube Photo hereunder, Ivania Berube Photo may implead any or all such items into any court of competent jurisdiction in the Province of ALBERTA and shall thereafter be relieved of any further responsibilities, liabilities or obligations relating to such items and performance under this Agreement.
Ivania Berube Photo shall not be liable for its delay in performing or failure to perform under this Agreement as a result of any circumstances, events or contingencies beyond its
reasonable control, including but not limited to acts of God, fires, floods, wars, civil insurrection, sabotage, equipment or machinery breakdown, accidents, labor disputes or shortages, any governmental laws, ordinances, rules, regulations, bans, delay or inability to obtain supplies, labor, raw materials, energy, transportation, and any other similar circumstance, event or contingency.
Client understands that when sharing photos online via personal website, Facebook, Instagram, etc., Client must include Ivania Berube Photo in the caption, and, will not edit the photos, including, cropping the image, adding filters, or any other creative alterations.
Who is responsible for the processing of my personal data?
What is personal data?
Personal data is all data that can be traced back to you as an individual. Just think of your name, telephone number, address or e-mail address. And other data that are unique to you, such as your orders or messages.
From whom do I process personal data and how do I get this data?
I process the personal data of anyone who has (had) direct or indirect contact with me, such as clients, (business) customers and contact persons of partners.
I receive the information directly from you when you order or sent me a message.
In some cases, I can receive your data from others. When someone purchases a gift for you, I receive your name and address details. I can also receive information from other parties, but only if you have given those parties permission to provide certain information to me.
What data do I process about you, what do I use it for and for how long are they stored?
Data for processing your order
Information with your order
I store the following information in relation to your order: your name, (delivery and residential / business) address (es), telephone number, e-mail address, date of birth (if you have provided one), gift coupons and gift cards (if applicable).
I also store your order history in my account including chosen delivery options, including the digital items and subscriptions you have taken out.
In addition, I store the interests you have specified in your account, namely your personalization preferences.
Information about your contact with me
You may send an a message or write an email to me 24/7. I use the data stored in your account to contact you in response to your question or complaint to me.
I can help you faster next time by storing your data. I, therefore, keep notes about customer contact with me and with my sales partners.
When you send me a private message via Twitter or Facebook, the messages will be stored by me for a maximum of 12 months.
Data for an optimal shopping experience
My online shop may contain one or a number of listings. I would therefore like to help you find what you are looking for among all of them. I ensure that my shop works properly so that you can shop optimally.
Improve the shopping experience based on general information and sales statistics
When you favorite my shop or listing, you will also see other listings that I offer. These are based on the article or category you are currently viewing.
Personalization based on your account information and purchase history with my shop
If I know who you are, I can make the orders even more personal for you. Just like in your favorite physical store.
Just like that store clerk, I also make recommendations. I look at what you previously bought from me. I do this based on your previous purchases from me. I will not look back for longer than two years.
I have an interest in applying this personalization, namely to make your life easier and my shop better. You will find what you are looking for faster and will not be bothered with listings and categories that are not relevant to you.
You can indicate your preferences with my shop when you submit your order.
Data for reviews & questions
I love reviews. And my customers too. Because reviews help you find what you are looking for. When you write a review, you choose whether your personal information or your name is visible to other visitors. You can also use an alias. I may contact you about your review. Reviews are valuable to customers for a long time.
When you ask me a question via messages or email the same rules given above will apply to you shared data within your question.
Information for competitions and promotions
Data to prevent fraud
Nobody is waiting for security incidents and fraud, including me. That is why I use personal data to investigate, prevent and combat unauthorized access and fraud. For this, I can also use the services of external service providers.
Data for use of the Google Assistant
If you use the Google Assistant, you can interact with my shop via the Google Assistant. For example, you can ask me to find a gift for you, put an item on your wish list or ask me where your order is.
Information Sharing and Disclosure
Who will your data be shared with?
Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:
• Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
• Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
• Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
If you purchase a downloadable item from my shop you can find the product in your account or it will be sent to you by email if you do the purchase as a guest.
Distribution and logistics partners
In order to process your order, I work together with distribution partners such post offices, special delivery companies, etc. These parties receive information about your order, name and delivery address to ensure that they can process your package correctly (for physical items).
I can also work together with various logistics partners. My logistics partners receive your name and the delivery address from me. They need this information to deliver your package to the address you have chosen.
Other External Service Providers
I also engage other external service providers to help with various things. Sometimes they also need personal data for this. I only share the data that is necessary for the assignment that the external service provider carries out for me. I do not sell your information to these service providers or other third parties. And I conclude agreements with all external service providers in which I agree with what they can do with the data.
Sometimes I have to pass on personal data to the government. This may, first of all, occur if certain government institutions need this information for the performance of their duties. The police or judicial authorities may also need certain information in the event of fraud or something else. Certain regulators may gain access to personal data in the context of an investigation.
Only at your request: with other companies
If you wish, I can also pass on your personal data to other companies. I will only do this with your explicit consent.
Where do I store your data?
I store your data in Canada. However, it may happen that certain data that I collect is transferred to or stored at a destination outside, for example, because one of our external service providers is located there. When this occurs, I ensure that it is done in a safe and lawful manner.
How are your data secured?
We take many measures to protect your personal data. Both organizational and technical. I personally take care of your data as well. Through strict access control, I ensure that your personal data is only accessible to me for whom it is necessary that they work with it. Do I give your data to someone else? I demand that the other person handles your data as carefully as I do. If you feel that this is not happening, please let me know via message or an email.
How do I handle data from children?
I handle data from children in accordance with recitals 38, 58, 75, articles 40 and 57 of GDPR.
What rights can you exercise with regard to your data in accordance with GDPR?
Right to information
You have the right to an understandable and transparent explanation of how I handle your personal data and which rights you can exercise in that regard. In this privacy, I have therefore extensively explained which data I collect from you and how I handle your data.
Right of access
You have the right to request access from me at any time to the information that I have available about you. You can request this via message or email. I process applications within 30 days at the latest.
Right to correction
You have the right to have your personal data corrected if it is incorrect or outdated and / or to have it completed if it is incomplete. You can do this via message or an email to me.
Right to object
You have the right to object to the processing of your data if you do not agree with the way I process your personal data. This right also applies to the data I use for preparing orders. For example, you can ask me to no longer use your data to send you promoting messages.
Right to data portability
You have the right to receive data that you have given to me in the context of the agreement(s) you have concluded with me in a machine-readable format, so that you can store this data in a database of you or of a other party. For this, please contact us. This concerns your name, address and/or other details.
Right to Restriction
You have the right to request the restriction of the processing of your data. This means that I may keep your data but not use it. This right arises in a number of cases. If you believe this is the case, you can contact me via message or email.
Right to be forgotten
You have the right to request that I delete any information I have about you. When you submit a request to delete your data, I will delete data that can be traced back to you, except for the data that I must or may keep based on the law. I offer you the option to submit a request via message or an email.
Right to file a complaint
You have the right to file a complaint about the way in which I handle your data. If you have a complaint, I prefer to resolve it with you. Please contact me via message or an email. If we become unsuccessful in this you may resort to all available means.
Have question(s)? Ask
If you have any questions about the way I handle personal data, please feel free to contact me via message or an email.
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