Privacy Policy & Terms of Use

Privacy Policy

Scenescerity Images (“we” or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Policy”) discloses the privacy practices for Scenescerity Images and applies solely to information collected by this web site including any related domains and subdomains (the “Sites”). This Policy may change from time to change, so it is your responsibility to ask for any clarifications and to check this page for those changes. This Policy is intended to notify you of the following:

What personally identifiable information Scenescerity Images collects from you through the Sites, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.

What Information Is Collected?

Set out below are the categories and descriptions of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.

Communication Data. This includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

Customer Data. This includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

Personal Information. Scenescerity Images may collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to us via e-mail, by phone, or otherwise through our website pursuant to making a purchase or requesting service.

User Data. This includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

Technical Data. This includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

Internet Traffic Data. Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through Scenescerity Images to allow for a more customized and enjoyable user experience.

Marketing Data. This includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

Cookies. We use “cookies” on these Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Sites.

Testimonials. Scenescerity Images may display personal testimonials of yours from time to time received via email or as otherwise received from you by us. By accepting the Terms of Use and Privacy Policy you give us specific consent to use such personal testimonial. If you would like us to remove your testimonial or customer review at any time, please simply contact us at scenescerity[dot]images[at]gmail[dot]com, and we will promptly do so.

We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook advertisements or displays) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Information Collection, Use, and Sharing

We are the sole owners of the information collected on the Sites. We only have access to/collect information that you voluntarily give us via email or other direct contact from you, including visiting this site, including cookies and IP address. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. By visiting and using this website, you consent that you are 13 years of age or older.

More Details on USE OF PERSONAL DATA

We will only use your personal data when legally permitted. The most common uses of your personal data are:

To process transactions
To personalize your experience. Your information helps us to better respond to your individual needs.
To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
To administer a contest, promotion, survey, or other SITE feature.
To send periodic emails and contact as needed.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at scenescerity [dot] images [at] gmail [dot] com.

The COMPANY collects personal data only for providing the services you voluntarily request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, or notifying you of new products and any other changes to the SITE and or services that may affect you.

When you voluntarily submit personal data to the COMPANY, you understand that you are agreeing to allow COMPANY to access, store, and or use that information for those purposes.

The COMPANY will not sell or give any personal data to any third parties. Your information whether public or private will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

The COMPANY may be required by law enforcement and or judicial authorities to provide personal data to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, the COMPANY will provide this information on its receipt of the appropriate legal documentation.

We may also release personal data to law enforcement agencies and or other third parties if we feel it is necessary to protect the safety and welfare of our personnel and or to enforce our Terms of Use (see adjacent terms-->)

Children's Online Privacy Protection Act Compliance. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. SITE, products, and services are all directed to people who are 13 years of age and older. By providing us with your data, you warrant to us that you are at least 13 years of age.

Your Access to and Control Over Information

You may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any time at any time by contacting us at scenescerity[dot]images[at]gmail[dot]com

MARKETING COMMUNICATIONS

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at scenescerity[dot]images[at]gmail[dot]com at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

Security

We take precautions to protect your information. When you submit sensitive information via the Sites, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration

In order to use these Sites, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Third Parties

Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (advertisers, for example). However, we have no control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.

Surveys & Contests

From time-to-time, our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

Request access to your personal data
Request correction of your personal data
Request erasure of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent

If you wish to exercise any of the rights set out above, please email us at scenescerity[dot]images[at]gmail[dot]com.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page. It is your responsibility to ask for any clarifications and to check this page for those changes.

If have any questions about this Privacy Policy, you may contact us via phone, as outlined in the footer of the Sites, email us via scenescerity.images@gmail.com or through direct message here: www.facebook.com/scenescerity.images

Terms of Use

IMPORTANT. Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Scenescerity Images' website owners (defined below), which governs your use of Products (defined below) obtained by purchase through this website at ScenescerityImages.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refers to the website owners doing business as Scenescerity Images (“business”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, products, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from the business. All such Products are the intellectual property of and are owned by Scenescerity Images.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of the company's Products immediately.

Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

What we do

Scenescerity Images is a professional photography and imaging service through which you may receive photography services, and photography related products, such as, but not limited to, initial consultations, prints and digital images. The business provides these services on their own. Specifically, the Sites, services, and Products are intended for, but not limited to, clients designated as families, engaged couples, married couples, students for Senior or school Portraits, and newborns under the supervision and permission of their legal guardians. Services, Products and any other information available through the Sites do not constitute legal advice.

Communications between you and the business are protected by our privacy policy, but are not protected by any legal privilege, including the attorney-client privilege or work product doctrine. The business can provide advice, explanation, opinion, or recommendation to you about possible photography sessions, print selections regarding sizes and finish, and final work products.

While the business makes an effort to keep our legal documents and Sites current and updated, they are subject to change based on website owner's discretion. Although a specific document may be adequate in general circumstances, the business cannot guarantee that it will be effective in every application or circumstance. Please keep in mind that if you should have any questions, you are encouraged to speak with and contact the website owners for initial clarification and troubleshooting.

Client-Business Relationship

Please keep in mind that anything contained on the Sites or available through the Products, Materials and services of the business is intended to form a client-business relationship as confirmed through service provisions and agreements ("contract") during the initial client consultation. Your interaction with the business in any capacity does not form any other relationship. Business performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise create a client-business relationship in any particular circumstance involving signed contracts.

Privacy Policy

The business permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available adjacent here, which is incorporated herein by reference.
The business will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. We will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in our business operations. We are the sole managers of such information collected on the Sites. We will use such information to respond to you as necessary and for building purposes where applicable (e.g., voluntary feedback and surveys). You grant Scenescerity Images a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

Affiliate Links

Links on the Sites may be affiliate links controlled by parties other than the business to help support the maintenance of the Sites. We do not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and make no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Scenescerity Images from any loss or damage incurred from dealing with such affiliate links.

Photography

All Photographic representations herein are respective products and image fully copyrighted to Scenescerity Images and with permission of clients as outlined on release forms and contracts, where applicable.

Intellectual Property License

Scenescerity Images owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of the business services, and; (d) any other intellectual property rights afforded to Scenescerity Images, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Scenescerity Images does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.

You agree not to make unauthorized use of or otherwise infringe upon Scenescerity Image’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. The business will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Scenescerity Images grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use with respect to your release form and contract, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way, remaining consistent with Permitted Use provided by these Terms and outlined in your client contract. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does it grant you intellectual property ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases, as well as follow provisions in your client contract. Scenescerity Images not liable for any loss or damage to Products that occur after download or after shipment. Scenescerity Images will not reimburse you for such grievances or failure on the parts of third parties, e.g., printing company or digital gallery company.

Scenescerity Images will, at your request, apply a one-time only $5.00 re-download fee if you request a new download link to your digital gallery after the three month period as outlined in your contract.

CONTACT

By using the Sites and entering personal information, you give Scenescerity Images permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let us know by emailing us, and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all printed products and ex-post-facto materials are non-refundable and not returnable, under any circumstances. All sales are final. A refund, designated in the contract, may be available to the client, permitting that the final products were not delivered to the client.

NO WARRANTIES

Products are provided "as is." Scenescerity Images offers no warranty, explicit or implied, regarding any products, the accuracy of any information or any rights or licenses under this agreement including, without limitation, any imploed warranties of merchantability or fitness for a particular purpose.

Limitation of liability and indemnification except as prohibited by law, Scenscerity Images, shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits, or any other famages, costs, or losses, arising out of your use of the Sites, Products, and Services, including attorney's fees and related expenses of litigation and arbitration.

Except as prohibited as law, to the extent there is liability found as to the business, such recovery is limited to the amount that you paid for the services as designated in your client contract.

Governing Law

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of New York. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of East Elmhurst, New York. Scenescerity Images reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use, and periodically throughout your use of the business' Products, Materials and respective Services.

Any questions regarding the above Terms may be directed to:
Stephanie V. here: scenescerity.images@gmail.com or by direct message here: www.facebook.com/scenescerity.images

These terms of use are developed in part by provisions and templates of TheLawTog © 2014. The Brenke Group, LLC.