Privacy policy.

1.      Purpose

Your privacy and personal information are important to Keeley McKay Photography (the “Company”) and the Company strives to protect both.  This document sets forth Company’s Privacy Policy and describes the privacy practices applicable to all of the Company’s services.

Please do not hesitate to contact the Company with any questions or concerns you may have regarding this Privacy Policy.

2.      Definitions

 A.    Non-Personally Identifiable Information (“NPII”):  NPII is information that does not personally identify you and that is obtained automatically when you access the Company’s Website.

B.     Personally Identifiable Information (“PII”):  PII is non-public, unique information that identifies you personally.  The Company gathers PII for the purpose of fulfilling the terms of its service agreement with you.  PII may include, but is not limited to, your name, address, phone number, credit card information, business information, and other information you provide the Company in the course of the Company’s contractual relationship with you.

3.      Affiliate Links and Others’ use of your NPII

 The Company’s Website may contain affiliate links to other websites for your convenience.  You are responsible for investigating the privacy policies of these websites and accessing them at your own risk.  The Company has no control over these websites, nor are they subject to this Privacy Policy.  The Company will not share your PII with these other websites and the Company expressly disclaims any and all responsibility for these websites and/or the other websites’ use of information you submit directly to them. 

If the Company’s services include hosting clients’ websites built using various content management systems, the Company is not responsible for posting and/or enforcing its clients' privacy policies.  While the Company disclaims responsibility for the collection and use of personal information by our clients from their websites or during application of the Company’s services, the Company will make every reasonable effort to ensure that its clients post and enforce their privacy policies.

4.      PII Collected by the Company

The Company collects personal information when you complete and submit the contact form on its Website, schedule a consultation, request and/or contract for services, or otherwise voluntarily provide such information. This information includes the following categories:

A.    Names and contact information 

B.     Company information 

C.     Industry information

Generally, you control the amount and type of information you provide the Company when contacting the Company via its Website.  As a visitor to the Website, you do not need to provide any PII to browse the Website.

Where reasonably possible, the Company will offer you choices as to how you provide necessary PII.  You may limit the PII you provide in the Website contact form and/or refuse cookies (as defined below) in your browser, although some of the Website features or services may not function properly as a result.  You may request to review your PII on file with the Company.  The Company will provide you access to your PII upon such request and allow you to correct such data if it is inaccurate and delete it, when reasonably possible.

The Company may display personal testimonials and/or reviews on its Website.  You grant the Company the right to use any testimonial and/or review you may provide when you accept the Terms of Use and this Privacy Policy.  Notwithstanding the foregoing, the Company will remove your testimonial and/or review upon your written request. 

The Company will not disclose any trade secrets provided by the Client, except as set forth in Paragraph 6(E) below.

5.      Computer Information Collected

When you use the Company’s Website, it automatically collects certain computer information by virtue of the interaction of your mobile phone or web browser with the Website.  This information is generally considered NPII.  The Company may also collect any of the following:

A.    Cookies:  “Cookies” are small pieces of data that your web browser stores on your computer and/or mobile device.  The Company’s Website uses cookies to identify areas of its Website you visit and tailor the content you see on its Website, as well as to eliminate the need to re-register for certain content upon each visit.  You can disable the use of cookies; however, doing so may cause certain features of the Company’s Website to function improperly.  The Company never places PII in cookies.

B.     Website Traffic Data:  The Company’s servers may automatically record certain NPII information when you access its Website, including but not limited to internet service provider information, URL information, entry and exit page data, and information regarding operating systems.  This information does not contain any PII.

6.      How the Company Uses Your Information

The Company uses the information you provide as follows:

A.    Providing Requested Services.  The Company may use PII to the extent necessary to fulfill its contractual obligations to you and provide pertinent information regarding the requested services.  The Company may also use PII for auditing, research, and analysis to operate and improve the Company’s services.

B.     Providing and Improving the Company’s Website.  The Company may use the PII you provide, in addition to any and all NPII the Company receives, to improve the performance of and your experience with the Company’s Website.

C.     Electronic Communications.  The Company will use the email address you provide to communicate with you electronically.  The Company may also send you Website alerts regarding your use of the Website.  Finally, unless you have opted out, the Company may send you promotional information via email.  You can change your contact preferences and/or opt out of receiving promotional material at any time by notifying the Company of your preferences.  

D.    Affiliates and Third Parties.  The Company does not share your PII with third parties for marketing purposes.  The Company may use your NPII for data aggregation purposes and may sell such data aggregation to other parties at the Company’s discretion.  Such data aggregation consists of trend analyses and related information and does not contain PII.  The Company may provide your PII to affiliates that provide services with regards to the Company’s Website (i.e. payment processors, webhosting companies, etc.); however, such affiliates will only receive information necessary within the course and scope of the contractual relationship between you and the Company. 

E.     Legally Required Disclosure.  As required by law, the Company may disclose your PII when the disclosure is: 1) required by subpoena, law, or other legal process; 2) necessary to assist law and/or government enforcement officials; 3) necessary to investigate violations of or otherwise enforce the Company’s legal terms; 4) necessary to protect the Company from legal action or claims from third parties including you and/or other clients; and/or 5) necessary to protect the legal rights, personal and/or real property, or personal safety of the Company, its clients, members, agents, and/or affiliates.

F.      Successors and/or Assigns.  In the event of an acquisition or merger, in whole or in part, as part of which another business would assume the Company’s obligations to you pursuant to your contract, the Company retains the right to transfer your PII to the new business.  The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

7.      Changing Your Information/Opting Out of Sharing Information

You may change your PII at any time by notifying the Company of the requested changes.  

You may opt out of certain future unaffiliated disclosures of your information.  This will not affect disclosures otherwise permitted by law as set forth in Paragraph 6, nor will it affect previously completed disclosures and/or disclosures you may make to third parties.

8.      Email

The Company complies with the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”).  Pursuant to the CAN-SPAM Act, you have the right to opt out of receipt of further email correspondence from the Company and/or its affiliates.  The Company will not share your email address with any unaffiliated third-party without your permission except as specifically set forth herein.

9.      Children’s Online Privacy Protection Act

The Company adheres to the Children’s Online Privacy Protection Act of 1998 and does not knowingly collect PII from minor children.  The Company does not intend for minor children to use its Website; however, the Company realizes that a child may access the Website.  Please contact the Company if you are concerned that the Company’s Website may have collected your minor child’s PII/NPII by virtue of your child’s use of the Website.  In order to prevent malicious removal of account information, the Company may request proof of identification before removing any information pursuant to such a request.  If the Company discovers such use by a child on its own, the Company will remove the information upon such discovery.  Further, the Company will not use the information for any purpose, and will not share the information with third parties.  The Company does not verify the age of clients, nor is it obliged to do so except as may be required for purposes of entering into a contract.  

10.  Credit Card Policy and Third-Party Billing Services

In the case of debit/credit card transactions, the Company uses third-party billing services and has no control over these service providers.  The Company uses commercially reasonable efforts to ensure the confidentiality of your debit/credit card number by using only reputable third-party billing services to protect your debit/credit card number from unauthorized use.  Notwithstanding the foregoing, the Company is not responsible for any misuse and/or mishandling of your debit/credit card number by third-party billing services.

11.  Security Policy

The Company seeks to ensure that its Website is secure by using encryption and authentication tools to protect your PII.  Upon collection of PII through the Website, the Company encrypts your PII before it travels over the Internet using industry standards established for conducting secure online transactions.  The Company also uses industry standard technologies, including but not limited to secure routers and fire walls.  Notwithstanding the Company’s efforts, there is inherent risk in transmitting PII via the Internet and due to the nature of the Internet, the Company cannot guarantee secure electronic data transmission.  To the extent you do not wish to transmit any PII via the Internet, please make arrangements with the Company to provide this information in another manner.

Once the Company receives your PII, it employs industry standard security measures to protect against the loss or misuse of your PII.  As set forth above, despite the Company’s efforts, it cannot guarantee against such loss or misuse.  The Company encourages you to protect any password you may have for the Company’s Website and not share it with anyone.  Further, it is good practice to always log out of the Website when you are done using it.

The Company also protects your PII that is stored offline.  The computers and/or external hard drives on which your PII is stored are kept in a secure environment, accessible only by the Company’s principals. 

12.  Limitation of Liability

You assume the sole risk of transmitting your information via the Company’s Website.  The Company shall not be liable for any direct, indirect, special, consequential, or monetary damages, including attorneys’ fees and costs, in connection with your use of materials posted on this Website or as a result of connecting to or from the Company’s Website to any other site.

13.  Changes to this Privacy Policy

The Company reserves the right to amend its Privacy Policy from time to time.  The Company will post all amendments and/or updates thereto on this page.