1 RELATIONSHIP TO MEMBER AGREEMENT
The terms of this policy form part of the PhotoMerchant Member Agreement (Member Agreement).
2 DEFINED TERMS
(a) Unless expressly to the contrary in this policy, terms defined in the Member Agreement have the same meaning in this policy.
(b) This clause 2 defines certain terms used in this policy and further terms are defined elsewhere in this policy.
(c) ‘collect’ includes to hold or store following collection.
(d) ‘disclose’ may include to transfer.
(e) ‘Personal Information’ is information that we collect about you, being information from which your identity is apparent, or can reasonably be ascertained. Personal Information does not include your credit card details in complete form because we do not collect that information.
(f) ‘use’ may include to disclose or transfer.
(g) If you, the party to the Member Agreement, is an entity, such as a company, then in this policy ‘you’ means any natural person who supplies Personal Information to us in the course of operating the entity’s PhotoMerchant account.
3 COLLECTION OF PERSONAL INFORMATION
We collect Personal Information when:
- you provide it to us, such as when you complete information fields when becoming a Member (including trial subscriptions); and
- in relation to your IP address or cookies, when you access your Member Website or PhotoMerchant.
3.2 Reasons for collection
(a) We collect only such Personal Information as we need to collect in order to operate PhotoMerchant.
(b) Specifically, we collect Personal Information in order to:
- identify you as a Member;
- enter into contractual relations with you, such as under the PhotoMerchant Member Agreement;
- supply the Service to you;
- enable you to operate a photography business via PhotoMerchant;
- assist us to improve PhotoMerchant; and
- comply with our obligations under law, such as anti-money laundering law.
(c) If you do not enable us to collect this Personal Information, then you will not be able to become a Member of PhotoMerchant and we will not be able to supply the Service to you.
3.3 Collecting entity
The entity collecting Personal Information is PhotoMerchant Pty Ltd (ACN 129 981 826).
4 USE OF PERSONAL INFORMATION
(a) We use Personal Information to operate PhotoMerchant, supply the Service to you and to send you communications about these matters, such as administrative notices.
(b) By entering into the PhotoMerchant Member Agreement (including on a trial subscription), you also consented to our using Personal Information to market our services to you, such as displaying targeted banners, adding you to our mailing list and notifying you of promotional offers. You may withdraw this consent at any time at no cost and without affecting your membership or PhotoMerchant Member Agreement. All our direct marketing communications will include an unsubscribe or other opt-out mechanism.
(c) We may also use Personal Information for compiling general information from which your identity would not be apparent or reasonably ascertainable (‘General Information’). General Information may include aggregated statistical information about Member and Customer attributes, interests and activities. We may use General Information to, among other things, better understand our Members’ needs and improve PhotoMerchant.
5 DISCLOSURE & TRANSFER OVERSEAS
5.1 Disclosure by us
(a) Generally speaking, we will disclose Personal Information only to:
- photography laboratories, pursuant to Purchase Orders placed by your Customers; and
- financial institutions supplying our credit card payment facilities.
(b) We will not disclose Personal Information to any third party for direct marketing purposes.
(c) We may disclose Personal Information for the following reasons (‘Legal Reasons’):
- it is necessary to our investigating you or reporting you to relevant third parties (including authorities) if we have reason to suspect you may be engaged in any unlawful activity;
- it is reasonably necessary in the prevention, detection, investigation or prosecution of certain unlawful activity, including criminal activity;
- it relates to the preparation or conduct of proceedings before a court or the implementation of a court order; or
- it is required or authorized by or under law.
(d) We may disclose General Information to any person for any commercial purpose.
5.2 Disclosure by you
(a) When interacting with us, Customers of the general public via PhotoMerchant, you may disclose Personal Information.
(b) You may control some aspects of the Personal Information you disclose under paragraph (a) by adjusting certain variables in your Member account settings.
(c) You take full legal and practical responsibility for Personal Information you disclose as contemplated by paragraph (a).
5.3 Transfer overseas
By entering into the PhotoMerchant Member Agreement, you also consented to our transferring Personal Information to a person or organization outside Australia for the purposes of supplying the Service to you and operating PhotoMerchant. We may also transfer Personal Information outside Australia for Legal Reasons or similar reasons.
(a) You will be able to access Personal Information by logging into your Member account and clicking on the ‘edit’ link next to your name in the global navigation bar.
(b) Notwithstanding the above paragraphs of this clause 6, we may not grant you access to Personal Information:
- if doing so would have an unreasonable impact on the privacy of other individuals;
- if the request for access is frivolous or vexatious; or
- for Legal Reasons or similar reasons.
(c) If we deny you access to Personal Information, we will provide reasons for our decision.
7 INTEGRITY & SECURITY
(a) We will take reasonable steps to ensure that Personal Information is accurate, complete and up-to-date.
(b) If you demonstrate to us that Personal Information held by us is not accurate, complete and up-to-date, we will take reasonable steps to correct the information. If you claim that such information is not accurate, complete and up-to-date and we disagree, we will create and hold a note of your claim together with Personal Information.
We will take reasonable steps to protect Personal Information from misuse, loss, unauthorized access, modification or disclosure.
(a) We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we use or disclose the information under clauses 4 and 5.
(b) However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.
9 THIS POLICY
9.1 Principles of interpretation of this policy
The principles of interpretation of the Member Agreement apply to this policy insofar as they are relevant.
(a) We may vary this policy at any time by amending the version of this document accessible by you on PhotoMerchant.
(b) We will use reasonable endeavors to notify you of material variations made pursuant to clause paragraph (a).
10 CONTACT US
If you wish to contact us about privacy on PhotoMerchant, please email us at firstname.lastname@example.org.