PRIVACY AND TERMS

Your privacy is important to PHOTOSPHERE Studios. This privacy policy is provided to inform you of our policies and practices regarding how we collect, use, disclose, transfer and store information about you.

OUR PRIVACY COMMITMENT

PHOTOSPHERE Studios and each of its affiliats (“PHOTOSPHERE Studios” “we,” “us” or “our“) is committed to respecting the privacy rights and concerns of all users of the PHOTOSPHERE Studios website where this privacy policy is posted (each, a “site“) and persons who may contact PHOTOSPHERE Studios at our studios and call centers, and through online surveys or use of applications and/or software we may make available from time to time (we refer to the site, the services made available through the site, and other services and applications made available by PHOTOSPHERE Studios collectively, as the “PHOTOSPHERE Studios Process“). As such, we have established and implemented this privacy policy to inform visitors to the site and users of the PHOTOSPHERE Studios Process how we use and protect the information we collect through the site and the PHOTOSPHERE Studios Process. By visiting the site or using any of the PHOTOSPHERE Studios Process, you consent to PHOTOSPHERE Studios’ collection, use, disclosure, transfer and storage of information relating to you as set forth in this privacy policy.

THIS POLICY ANSWERS THE FOLLOWING QUESTIONS:

How do I book a date?

Can I cancel a session?

What are my client usage rights?

Can I post the images on social media?

What information does PHOTOSPHERE Studios collect about you and how do we use it?

Will PHOTOSPHERE Studios share your personal information with third parties?

What choices do you have about the collection and use of your personal information?

What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

What are the photographic material and copyright terms?

BOOKING DEPOSIT and PAYMENT

The Client shall make a booking fee as per written or verbal agreement to retain the Studio, photographer, or date to perform the services specified in the written or verbal contract.

To reserve a date, a minimum of 50% of the total booking is required (unless otherwise agreed upon). The total amount of the booking is due on the day of the session.

CANCELLATION

If the Client shall cancel this Agreement more than six (6) calendar days before the photo shooting day, any booking fee paid to the Photographer shall be refunded in full if the Photographer is able to re-book the same date. If the Photographer is NOT able to secure another client for the date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the booking fee.

CLIENT USAGE

The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

POSTING ON SOCIAL MEDIA

This clause applies to all social media, including Facebook, Instagram, SnapChat, TicTok, and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.

Type of information we collect

Personal information means information that can be used to identify and contact you. You need to submit personal information to access certain aspects of the site and to access or use certain of the PHOTOSPHERE Studios Process.

We may collect information from you such as your name, address, zip code, email address, telephone number, language, gender, location information, and date of birth when utilizing the site and PHOTOSPHERE Studios Process. When you are purchasing products through the PHOTOSPHERE Studios Process, you will also be required to provide a billing address and credit card or other payment information. No information of this type will be collected unless you have decided to purchase one of PHOTOSPHERE Studios’ products or services.

When you share information and site links with family and friends and others, send products, or send or share PHOTOSPHERE Studios promotions and marketing materials, PHOTOSPHERE Studios may collect the information you provide about those people such as name, address, email address and phone number.

We may combine information you give us with other information from PHOTOSPHERE Studios sources, transactions and communications.  This may include, but is not limited to, information from PHOTOSPHERE Studios retail stores, direct mail, catalogs, events, products, and applications or other PHOTOSPHERE Studios interactions. We may combine that information with data that is publicly available and data from third parties.

How we use your personal information

The personal information you provide to us will allow us to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle your customer service questions or issues; administer promotions and contests; display relevant marketing to you; and notify you of promotions, updates, or special offers that we think may interest you. We also use your email address and phone number as part of the PHOTOSPHERE Studios Process in sending you messages about the PHOTOSPHERE Studios Process and other general announcements.

We keep track of your interactions with us, including but not limited to your activity within the PHOTOSPHERE Studios Process. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the PHOTOSPHERE Studios Process. We may also use your personal information to contact you when necessary. From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with PHOTOSPHERE Studios, you may not opt out of receiving these communications.

We may use your personal information with non-personal information that we have collected in a manner such that the end product does not personally identify you or any other user of the PHOTOSPHERE Studios Process. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information.

You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the PHOTOSPHERE Studios Process (the “analytical data”). We are expressly authorized to make any commercial use of the analytical data, including without limitation, sharing the analytical data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the analytical data that personally identifies any PHOTOSPHERE Studios Process users.

COOKIES AND OTHER TECHNOLOGIES

Our site and certain of the PHOTOSPHERE Studios Process may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that internet protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies and other technologies in certain areas of the site to allow us to provide information to make your online experience more convenient. For example, when you return to the site after logging in, cookies provide information to the site so that the site will remember who you are on subsequent visits, speeding up or enhancing your experience of the PHOTOSPHERE Studios process by, for instance, tailoring content to you. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout.  PHOTOSPHERE Studios and our partners also use cookies and other technologies to remember personal information when you use our PHOTOSPHERE Studios Process.

You may be able to disable cookies on your web browser through your browser settings – please consult your browser’s help menu for assistance. Please note that certain PHOTOSPHERE Studios Process will not be available once cookies are disabled.

In some of our email messages, we use a “click-through URL” linked to content on the site. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

A pixel tag or web beacon is an often-transparent graphic image, usually no larger than 1 pixel by 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email.  We may use web beacons and/or pixel tags for many purposes, including site usage analytics, advertising, auditing and reporting, and content and advertising personalization.

We may contract with third parties to assist us in gathering such data and to manage our advertising on other sites.  These companies may also use tracking technologies to collect non-personally identifiable information about your visits to our site and other websites and your interaction with our communications, including advertising, to provide you targeted advertising based upon your interests.  If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here.  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

PHOTOSPHERE Studios uses a variety of services hosted by third parties, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request. For information on how Google Analytics collect and use your information, please refer to their privacy policies. By using any PHOTOSPHERE Studios website, you consent to the processing of data by these third parties in accordance with their privacy policies.

LOG INFORMATION

Our servers may record information that your browser sends whenever you visit the site. This information may include your internet protocol address, your browser type, and version, the search engine you used to find the PHOTOSPHERE Studios Process if any, referring and exit pages, date/time stamp and clickstream data, which PHOTOSPHERE Studios Process you use and when and how long you use them. We use this information to monitor and analyze how users use the PHOTOSPHERE Studios Process, to provide customer service, to maintain and improve the PHOTOSPHERE Studios Process, and to gather demographic information about our user base as a whole.  We may use this information in our marketing and advertising services. We will never knowingly sell your information to any 3rd party or breach our client's trust by sharing personal information.

CHILDREN’S PRIVACY

We do not knowingly collect personal information from children under 18. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.

WILL WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES?

SHARING OF INFORMATION

We use your personal information to complete transactions, respond to your requests, deliver products and services you request, and send communications to you about promotions, updates, or special offers (which may be offered by PHOTOSPHERE Studios or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services and other business operations for us. We may also use your personal information to provide analyses of our users in the aggregate (including analytical data subject to the terms of this privacy policy) to prospective partners and other third parties. In addition, we will share the personal information we collect from you under the following circumstances:

Protection of Rights

We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the PHOTOSPHERE Studios Process, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the PHOTOSPHERE Studios Process, or (iv) such action is appropriate to protect the rights, property or safety of PHOTOSPHERE Studios, its employees, users of the PHOTOSPHERE Studios Process or others.

Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of PHOTOSPHERE Studios’ assets, user information, including personal information collected from you through your use of the PHOTOSPHERE Studios Process, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.

Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we may partner with other companies to process payments for the PHOTOSPHERE Studios Process. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional information you should know about third parties

This Privacy Policy does not cover the information practices of third party websites linked to the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use, and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION?

Control of your information

You may change or delete any information you’ve shared with us by sending us an email at info@photospherestudios.com. We do keep records of past purchases and periodically back up information, so it may not be possible for you to delete all information we have stored, and we may retain certain information to prevent fraud and for customer and order management purposes.

Opting out of receiving communications from us

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by sending us an email at info@photospherestudios.com or replying to the unsubscribe link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your transactions.

WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL INFORMATION?

The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. Some of the technologies used are SSL encryption, Firewalls, and Intrusion Prevention from industry leaders like Cisco. In addition, we restrict access to personal information to PHOTOSPHERE Studios employees, independent contractors, and agents who need to know this information in order to develop, operate and maintain the PHOTOSPHERE Studios Process. All PHOTOSPHERE Studios personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the PHOTOSPHERE Studios Process and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

NOTIFICATION OF CHANGES

This Privacy Policy may change from time to time and we will post all changes on this page.

QUESTIONS? CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, please contact us by emailing info@photospherestudios.com.

PHOTOGRAPHY SESSION TERMS & CONDITIONS

BASIC SESSION TERMS

Session Fees

All session fees include photography time, retouching, and the viewing of your portraits. Proofs and packages are not included in this fee and can be purchased separately at your presentation. Your presenter may go over all available packages, frames, art creations, prints and pricing. Individual portraits start at $60 and packages range from $199 to $5,000.

All session fees are non-refundable, but they are transferable. You can downgrade or transfer your session to another person or package.

License

By agreeing to these terms, I understand that the only way to own license to my portraits will be to purchase them from PHOTOSPHERE Studios.

SPECIAL SESSION TERMS

Session Fees

All session fees include photography time and the viewing of your portraits. Proofs and packages are not included in this fee and can be purchased separately at your presentation. Your presenter will go over all available packages, frames, art creations, prints and pricing. Individual portraits start at $19 and packages range from $149 to $1,500.

All session fees are non-refundable, but they are transferable. You can downgrade or transfer your session to another person or package.

License

By agreeing to these terms, I understand that the only way to own the rights to my photographs it to purchase them from PHOTOSPHERE Studios.

EVENT PHOTOGRAPHY SESSION

Session Fees

All session fees include photography time, culling, and the viewing of your portraits. Proofs and packages are not included in this fee and can be purchased separately once you receive your proofs. Event photography pricing start at $150 and packages range from $200 to $699.

All session fees are non-refundable, but they are transferable. You can downgrade or transfer your session to another person or package.

ALL SESSIONS AGREE TO THE FOLLOWING:

COPYRIGHT

All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of PHOTOSPHERE Studios. It is understood that it is a violation of Federal Copyright Law 17, U.S.C. Section 102, to copy, reproduce or scan any images created by the studio without written permission. PHOTOSPHERE Studios is proud of the custom product we have created through our experience, creativity, and professionalism, and will protect our reputation at all costs to prevent inferior quality reproductions.

WAIVER OF LIABILITY

I am aware that photography sessions in natural surroundings such as close to the ocean, in the water, on the rocks, in the city, or other public areas involve risks of serious bodily injury, including permanent disability, paralysis, and death; I am participating in these photographic sessions with knowledge of the danger involved and hereby agree to accept any and all risks of injury that may result therefrom. I hereby release, waive, discharge and covenant not to sue PHOTOSPHERE Studios or its employees or independent contractors working for PHOTOSPHERE Studios for injuries caused during the photography session.