Please review our Privacy Policy and Terms & Conditions.
PRIVACY POLICY
WHAT IS THIS PRIVACY POLICY FOR?
This privacy policy is for the website www.michaelhthornton.com and governs the privacy of its users who choose to use it.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore, the way this website processes, stores and protects user data and information will also be detailed within this policy.
THE WEBSITE
This website and its owner take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all U.S national laws, California laws and requirements for user privacy.
We may change this privacy notice from time to time by updating this page in order to reflect changes in the law and/or our privacy practices. We encourage you to check this privacy notice for changes whenever you visit our website.
PERSONAL INFORMATION WE MAY PROCESS
Personal information that we’ll process in connection with all our services, if relevant, includes:
- Personal and contact details, such as title, full name, email address, date of birth, contact details, address and contact details history
- Records of your contact with us such as via phone or email, or if you get in touch with us online using our contact form
- Products and services, you have purchased from us, as well as have been interested in and have held and the associated payment methods used
- Marketing to you and analyzing data, including history of those communications, whether you open them or click on links, and information about products or services we think you may be interested in, and analyzing data to help target offers to you that we think are of interest or relevance to you.
Any information we collect about you will come either from yourself, any person who may have referred you to us, or from our advertising or social media platforms.
HOW WE MAY USE YOUR DATA
We use your personal data, including any of the personal data listed in section above, for the following purposes:
- Assessing an inquiry for a product or service, including considering whether or not to offer you the product or service
- Managing any aspect of the product or service
- To improve the operation of our business
- For management and auditing of our business operations including accounting
- To keep records of our communications with you
- For market research and analysis and developing statistics
- For direct marketing communications and related profiling to help us to offer you relevant products and service, including deciding whether or not to offer you certain products and service. We may send marketing to you by email, phone, post, social media and digital channels (for example, using Facebook Custom Audiences and Google Custom Match).
- For email marketing communications to provide you with relevant information and offers occasionally.
- To provide personalized content and services to you, such as tailoring our products and services, our digital customer experience and offerings, and deciding which offers or promotions to show you on our digital channels
- To develop new products and services and to review and improve current products and services
- To comply with legal and regulatory obligations, requirements and guidance
LEGAL GROUNDS FOR PROCESSING YOUR INFORMATION
We rely on the following legal bases to use your personal data:
- Where it is needed to provide you with our products or services, such as:
- a) Assessing an inquiry for a product or service you hold with us, including considering whether or not to offer you the product or service
- b) Managing products and services you have purchased from us
- c) All stages and activities relevant to managing the product or service including inquiry, administration and management of accounts
- Where it is in our legitimate interests to do so, such as:
- a) Managing your products and services relating to that and updating your records
- b) For management and audit of our business operations including accounting
- c) To keep records of our communications with you
- d) For market research and analysis and developing statistics
- e) For direct marketing communications and related profiling to help us to offer you relevant products and services, including deciding whether or not to offer you certain products and service. We may send marketing to you by email, phone, post and social media and digital channels (for example, using Facebook Custom Audiences and Google Custom Match)
- f) For email marketing communications to provide you with relevant information and offers occasionally.
- g) Where we need to share your personal information with people or organizations in order to run our business or comply with any legal and/or regulatory obligations
- To comply with our legal obligations
- With your consent or explicit consent for some direct marketing communications
SHARING YOUR DATA
We may share information with the following third parties for the purposes listed above:
- Governmental and regulatory bodies and any other businesses that are needed in order to fulfill our services or products, such as suppliers or outsourcing companies
STORING YOUR DATA
We may use third party tools to store your personal data and keep your information safe, such as a CRM System, cloud storage or email marketing software, as well as our own hard drives and data storage systems.
PROVIDING US WITH YOUR PERSONAL INFORMATION
We’re unable to provide you with our products or services if you do not provide certain information to us. In cases where providing some personal information is optional, we’ll make this clear.
You should tell us so that we can update our records using the details in the Contact Us section of our website. We’ll then update your records if we can.
We may use your home address, phone numbers, email address and social media or digital channels (for example, Facebook, Google and message facilities in other platforms) to contact you according to your marketing preferences. You can stop our marketing at any time by contacting us using the details below or by following the instructions in the communication.
DATA RETENTION
Unless we explain otherwise to you, we’ll hold your personal information based on the following criteria:
- For as long as we have reasonable business needs, such as managing our relationship with you and managing our operations and accounts
- For as long as we provide goods and/or services to you and then for as long as someone could bring a claim against us; and/or
- Retention periods in line with legal and regulatory requirements or guidance.
YOUR RIGHTS UNDER DATA PROTECTION LAW
Here is a list of the rights that all individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not. The right of data portability is only relevant from May 2018.
- The right to be informed about the processing of your personal information
- The right to have your personal information corrected if it is inaccurate and to have incomplete personal information complete
- The right to object to processing of your personal information
- The right to restrict processing of your personal information
- The right to have your personal information erased (the “right to be forgotten”)
- The right to request access to your personal information and to obtain information about how we process it
- The right to move, copy or transfer your personal information (“data portability”)
- Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you
- You have the right to complain to the Information Commissioner’s Office which enforces data protection laws: You can contact us using the details below.
- You have the right to object to certain purposes for processing, in particular to data processed for direct marketing purposes and to data processed for certain reasons based on our legitimate interests.
You can contact us by going to the CONTACT section of our website to exercise these rights or using the contact details below.
CONTACT US
By filling out the form when you click on “contact Michael” on our webpage or by visiting us www.facebook.com/michaelhthorntonphoto
COOKIES POLICY
COOKIES:
Cookies are small files that hold information; they’re placed or ‘dropped’ on your computer when you access websites or use apps on your device. The data contained in the cookie can be retrieved by the website or app that placed them there. They can also be accessed by websites or apps that have been authorized to use them by the site or app that first dropped them.
Some cookies only exist for a short period of time, and are then automatically deleted by your device. Others last for longer – these are called ‘persistent cookies’ – and some exist for years unless manually deleted. These can be used to analyze multiple site visits over time, or customize the content that’s displayed.
Some cookies are set by the website or app you’re visiting; these are called ‘first party’ cookies. Others may be set by a third party when you use a site or app – for example, by a tool built into the website, or by an advertising network that displays adverts on the site or in the app.
COOKIES WE USE
Analytics Cookies: needed to analyze the performance of this website and create reports on website traffic, sources and popular pages etc. This includes the use of Google Analytics cookies.
Advertising Cookies: needed for information about your browsing habits (including details of the websites you’ve visited), which we use to make sure you receive advertising relevant to you. We (or third parties and advertising networks on our behalf) may use them to show you ads we think you’ll be interested in across the internet (including on other sites you visit), based on your interaction with our website, app and your browsing history. This may include Google Adwords, Facebook, Twitter, Instagram, Mailchimp and various other display advertising providers.
THIS SITE OPERATES ON AN ‘IMPLIED CONSENT’ POLICY:
Currently this website operates with an ‘implied consent’ policy which means that we assume you are happy with the usage of Cookies detailed here. This means you don’t get that annoying ‘Please Accept Cookies’ pop up when you visit.
If you are not happy, then you should either not use this site, delete our website cookies after visiting the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.).
IF YOU DON’T WANT COOKIES
You can restrict, remove or block cookies through your browser settings at any time.
To find out more about Cookies, including how to control, opt-out and delete them, go to http://www.aboutcookies.org for guidance.
TERMS AND CONDITIONS
This agreement is between you the [“User” or “you”] and MICHAEL H THORNTON PHOTOGRAPHY (collectively referred to as “MHTP” or “we” or “us” and “our”).
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between MHTP and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.michaelhthornton.com is subject to the following terms and conditions. MHTP reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of Use’ hypertext link located at the bottom of our webpages.
1. USAGE
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify MHTP for any losses, costs or damages, including reasonable legal fees, incurred by MHTP in relation to, or arising out of, such a breach.
2. APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or the photography services rendered on www.michaelhthornton.com (the “Website”);
(b) The purchase of landscape photography and bookings of Photography Service.
3. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. MHTP hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. MHTP shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
4. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though MHTP has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. MHTP does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, MHTP shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of MHTP.
MHTP shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
5. INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of MHTP or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to MHTP and/or its suppliers and subcontractors.
This website www.michaelhthornton.com is owned and operated by MICHAEL H THORNTON PHOTOGRAPHY. All contents on this website including text, graphics, photographs, logos, images design and software are the products of MHTP are protected by International copyright laws. Contents of this site are for information only and are provided to you solely for your own personal, non-commercial use.
MHTP owns and operates this website and its content and engaging in the activities mentioned herein will subject you to serious violations of the MHTP trademark, copyright and other proprietary rights.
All content on the website is protected by U.S.A Copyright law, Trademark Law and applicable international treaties and conventions governing intellectual property law.
MHTP RETAINS THE ENTIRE COPYRIGHT IN THE PHOTOGRAPHS AND WORKS AT ALL TIMES, WHERE REPRODUCTION OF WORKS HAS TAKEN PLACE AND SETTLEMENT HAS NOT BEEN MADE, MHTP WILL MAKE SUCH CHARGES TO YOU WITH RESPECT TO THOSE IMAGES AS FALLS WITHIN THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988.
6. DATA PRIVACY
MHTP collects and processes your personal data according to the privacy and cookie notice.
7. ELIGIBILITY
You can book our services by filling out the form that displays when you click “CONTACT MICHAEL”. You need an email address to book our services, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
To book our services you must be at least 16 years old, or older if that is required under applicable law to enter into agreement with MHTP.
8. PAYMENT METHOD
You can pay for our services by credit card (MasterCard, Visa, American Express), PayPal and by other means made available to you on our webpage
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless MHTP its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages, claim or demand, costs, including reasonable attorneys’ fees, resulting from any violation (including negligent or wrongful conduct) by you or any other person accessing the Site.
10. TERMINATION
MHTP reserves the rights to change, suspend or discontinue any aspect of the website at any time, including the availability of any of the website features, database, or content, and may provide reasonable notice of such changes on the website. MHTP may terminate user and or distributor access or suspend any user’s or distributor’s access to all or part of the website without notice for any conduct that MHTP, in its sole discretion, believes violates any applicable law or is harmful to MHTP.
11. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to MHTP as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that MHTP shall be entitled as a matter of right to an injunction issued by a court of competent jurisdiction, restraining such violation or attempted violation of these Terms and Conditions by you, or your distributors, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by MHTP in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
12. CHANGES
If MHTP decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
13. GOVERNING LAW AND JURISDICTION
These general terms and conditions are governed by the laws of California. The competent court in California, USA shall have non-exclusive jurisdiction to settle any dispute in connection with these general terms and conditions.