Privacy Policy

Privacy Policy – Website 2025

AUSTRALIA’S PRIVACY ACT AS IT APPLIES TO THE PHOTO STUDIO

Images of individuals in photographs or video are treated as personal information under Australia’s Privacy Act 1988 where the person’s identity is clear or can reasonably be worked out from that image. Images of individuals may also contain sensitive information if, for example, the individual’s racial or ethnic origin or religious beliefs is apparent.

WHAT DOES THIS MEAN FOR THE PHOTO STUDIO AND OUR CLIENTS

We are a business covered by the Privacy Act and TPS only collects images of identifiable individuals as is necessary for our business functions and activities.

THE PHOTO STUDIO (TPS) PRIVACY POLICY – effective date November 2024

TPS Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.

INFORMATION WE COLLECT

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third-party processors as needed for our legitimate business interests.

PERSONAL DATA

Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number, your age, gender, or residential address. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site such as contacting us with questions, or participating in special projects.

DERIVATIVE DATA

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access Our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, and other interactions with our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.

FINANCIAL DATA

Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to one of our payment processors such as PayPal. You should review your processor’s Privacy Policy to determine how they use, disclose, and protect your financial data.

SOCIAL NETWORKING DATA

We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, X, TikTok or other social networking sites or apps not named specifically here, which may include our name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

MOBILE DEVICE DATA

If you use our website via a mobile device, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

OTHER DATA

On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest.

HOW WE USE YOUR INFORMATION

Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customise your interaction with TPS and our website, and to allow us to suggest other products and services we think might interest you. To the extent we process your data, we do so to serve our legitimate business interests such as providing you with the opportunity to purchase our goods or services and interact with our website.

Specifically, we may use the information and data described above to:

1. Create and administer your account;
2. Deliver any products or services purchased by you;
3. Correspond with you;
4. Process payments;
5. Contact you about new offerings that we think you will be interested in;
6. Interact with you via social media;
7. Deliver targeted advertising;
8. Request feedback from you;
9. Generate a profile that is personalized to you, so that future interactions with our website will be more personal;
10. Compile anonymous statistical data for our own use;
11. Assist law enforcement as necessary;
12. Prevent fraudulent activity on our website;

GROUNDS FOR USING AND PROCESSING YOUR DATA

The information we collect and store is used primarily to allow TPS to offer goods and services for sale. In addition, TPS may collect, use, and process your information based on the following grounds:

Legitimate business interests

We may use and process your data for our legitimate business interests, which include, among other things, communicating with you, improving our goods or services, improving our website, and providing you with the information or products that you have requested.

Performance of a Contract

We may use and process your information to enter into a contract with you and to perform our contractual obligations to you.

Consent

We may use your data, or permit selected third parties to use your data, based on your consent to our use and sharing of that data. You may withdraw your consent at any time, but doing so may affect your ability to use our website or other offerings.

As required by law

We may also use or process your data as required for us to comply with legal obligations.

WHY WE MIGHT DISCLOSE YOUR INFORMATION

We may share your information with third parties in certain situations. In particular, we may share your data with third-party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering ourgoods and services, identifying trends, protecting the security of TPS and its website. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

The following are specific reasons why we may share your information with a third-party:

Third Party Processing

We may disclose your information to third-parties who assist TPS with various tasks, including payment processing, hosting services, email delivery, communications, production of images, and customer service. We may not always disclose these third-party processors if not required by law. We do not authorise them to use or disclose your personal information except in connection with providing TPS with their services.

By Law

We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

To Protect TPS

We may use our information to protect TPS, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Business Transfers

In the unlikely event our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third-party. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used, or processed as otherwise set forth in this privacy policy.

Interaction With Others

If you interact with others on our website, such as participating in a group chat, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.

Online Postings

When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

External Links

Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, We do not regularly monitor the websites of these third-parties and are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.

Other Purposes

We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

 

TRACKING TECHNOLOGIES

Cookies

We use cookies — small text files sent to us by your computer — to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalisation, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend information to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyse general trends and use, and to customize your interaction with our website. This information helps us to understand the use of our site and to improve our website and service offerings.

We may use any or all of the following types of cookies:

Essential Cookies

These cookies help us run our website and improve your experience with our website. These cookies may allow content to load more quickly or allow you, as a well-known client of TPS, to access repeat users’ sections of our website.

Functionality Cookies

These cookies allow us to remember your preferences from earlier visits to our website, including login information, so that you do not have to input the same information multiple times.

Social Media Cookies

These cookies allow us to record when you have engaged with a social media tool while visiting our website. For example, we may record that you have “liked” a certain aspect of our website. The social media application may also share data with us that you have allowed it to share. If you wish to change your social media sharing settings, please visit the privacy settings of the social media network.

Email Confirmations

We may receive email confirmations when you open an email from TPS. This allows us to determine if users are responding favourably to our email communications and to further customise if necessary.

Other Technologies

Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes, to give us information about your use of our website, and to greater improve our website and service offerings to you.

 

PROCESSING YOUR INFORMATION

For the most part, we do not process your information in-house, but give it to third-party processors for processing. For example, when PayPal takes your payment information, they are a third-party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third-party processor, as we do not have the capability to perform these functions. More detail on third-party processing is detailed below.

However, We may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, our need to conduct 0ur legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of TPS, our customers, and any third parties. We may process the following data:

1. Data associated with your account, such as your name, address, email address, and payment information.
2. Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
3. Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
4. Data that you provide us in the course of using our services.
5. Data that you post on our website, such as responses to our special photographic projects.
6. Data that you submit to us when you make an inquiry regarding our website or services.
7. Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
8. Data that you provide to us when you subscribe to our emails including your email address and contact information.
9. Data that you submit to us via correspondence, such as when you email us with questions.
10. Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other user of TPS website.

• We may transfer data that we collect to locations outside of our premises for processing or storing, and the data may be processed by our staff or by third-party processors. For example, we may engage third-parties to fulfill orders. By submitting your personal data, you agree to this transfer, storing, and processing. We take all reasonable steps to make sure your data is treated securely and in conformity with this Privacy Policy.
• Data that is provided to us is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.
• The transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically. Your transmission of data to us is at your own risk.
• Where data that you have transmitted to us is password protected, you are responsible for keeping the password confidential. You are exclusively responsible for any breaches of your data that results from your own disclosure of or failure to protect your password.

 

DATA RETENTION

We retain personal data and photographic images as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analysing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.

We will honour your request to delete your data, as described more fully below, unless we are required by law to retain access to the data. However, note that we cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third-parties to whom we have transmitted your data.

SECURITY OF YOUR INFORMATION

We take all reasonable steps to protect your personal data secure. We use recognised online secure payment systems and implement accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.We will notify you promptly of any known breach of our security systems or your data which might expose you to serious risk.

CHILDREN

This website is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If You become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.

SENSITIVE DATA

We request that you do not submit any sensitive data to us via public postings, such as email correspondence with us. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this privacy policy.

YOUR RIGHTS

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.

CONFIRM PERSONAL DATA AND ITS USE

You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third-party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.

Change Consent

You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.

Request a Copy of Data

You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

Delete All Data

You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.

Emails and Communications:

You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at 1300 288 818

Processing:

You may, in some circumstances, restrict the processing of your data. When processing has been restricted, we will continue to store your data but will not pass it on to third- party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. However, that may result in the termination of your account and loss of access to our website.

MODIFICATIONS

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend TPS Privacy Policy we will update the “effective date” at the top of the Privacy Policy.