Last Updated: April 27th, 2025
TERMS AND CONDITIONS
Welcome to www.HaleyOlsthoorn.com (“the website”). These terms and conditions ("Terms") govern your use of this Website, including all pages within this Website. By accessing or using this Website, you (the “user” and person reading this) accept and agree to be bound by these Terms. If you do not agree with these Terms, please do not use this Website.
1. Acceptance of Terms
By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of such changes.
2. Eligibility
This Website is intended for users who are at least 18 years old. If you are under 18, you may only use the Website with the permission of your parent or legal guardian.
3. Modifications to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be posted on this page. Your continued use of the Website after such changes constitutes your agreement to the new Terms.
4. User Accounts
4.1 Registration
To access certain features of the Website, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information during registration.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.2 Account Security
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage resulting from your failure to safeguard your account credentials.
5. Intellectual Property Rights
5.1 Ownership of Content
All content, designs, logos, graphics, images, software, and other materials on this Website (collectively, "Content") are the intellectual property of Haley Olsthoorn Photography or our licensors. You may not copy, reproduce, republish, distribute, or exploit any part of the Website or Content without express written permission from us.
5.2 Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use the Website solely for personal, non-commercial purposes. This license does not allow you to resell or commercially exploit the Website or its Content without prior written consent.
6. User-Generated Content
6.1 Submission of Content
The Website may allow you to submit, upload, post, or otherwise transmit content (e.g., comments, reviews, feedback) ("User-Generated Content"). By submitting User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, modify, reproduce, and distribute your content in any medium.
6.2 Prohibited Content
You agree not to submit any User-Generated Content that:
Is false, misleading, or defamatory;
Violates any third-party rights, including intellectual property rights;
Contains viruses or harmful code;
Is offensive, threatening, or harmful to others.
6.3 Monitoring and Removal
We reserve the right (but are not obligated) to monitor, edit, or remove User-Generated Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
7. Prohibited Uses
You agree not to use the Website in any way that:
Violates any applicable laws or regulations;
Is fraudulent, harmful, or unlawful;
Attempts to gain unauthorized access to the Website, servers, or databases;
Introduces malware, viruses, or other harmful software to the Website.
8. Disclaimers and Limitation of Liability
8.1 Disclaimer of Warranties
The Website is provided on an "as-is" and "as available" basis. We make no warranties or representations about the accuracy or completeness of the Website's Content, and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Liability
To the maximum extent permitted by law, [Your Business Name] and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the Website or its Content.
9. Privacy Policy
Your use of the Website is subject to our [Privacy Policy], which is incorporated into these Terms by reference. Please review the Privacy Policy for information on how we collect, use, and share your personal information.
10. Third-Party Links
The Website may contain links to third-party websites. These links are provided for your convenience only. We do not endorse and are not responsible for the content or practices of any third-party websites. You access these sites at your own risk.
11. Indemnification
You agree to indemnify and hold harmless Haley Olsthoorn Photography, its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of or related to your violation of these Terms or your use of the Website.
12. Termination
We reserve the right to terminate your access to the Website, without notice, if we believe you have violated these Terms or for any other reason in our sole discretion. Upon termination, your right to use the Website will immediately cease.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles. You agree that any dispute arising under or relating to these Terms or your use of the Website will be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.
14. Miscellaneous
14.1 Severability
If any part of these Terms is found to be unenforceable, the remaining sections will still apply and be enforceable. If needed, the invalid section will be adjusted to make it enforceable while staying true to its original intent.
14.2 Waiver
If we don’t enforce any part of these Terms, it doesn’t mean we are waiving our right to do so in the future. Any waiver of rights must be in writing to be effective.
14.3 Force Majeure
We are not responsible for failing to meet our obligations if caused by events beyond our control, such as natural disasters, power outages, or government restrictions.
14.4 Assignment
You cannot transfer your rights or obligations under these Terms to anyone else without our written permission. We can transfer our rights or obligations to another party, for example, if our company merges or is sold.
14.5 Independent Contractors
Nothing in these Terms creates a partnership or employment relationship between you and Haley Olsthoorn Photography. We are independent parties.
14.6 Headings
The headings in these Terms are for convenience only and don’t affect the meaning of the sections.
14.7 Entire Agreement
These Terms, together with our Privacy Policy, represent the complete agreement between you and Haley Olsthoorn Photography regarding your use of the Website. Any prior agreements or communications are replaced by these Terms.
PRIVACY POLICY
Haley Olsthoorn Photography (“we,” “us,” “our”, the “company”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This policy describes the types of information we may collect from you or that you may provide when you visit our website, www.HaleyOlsthoorn.com, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it. By accessing or using this Site, you agree to this Privacy Policy. If you do not agree with our policies and practices, do not use the Site.
We may update this Privacy Policy from time to time. Changes will be posted on this page, and the "Effective Date" at the top of the policy will be updated. Your continued use of the Site after such changes are made will be considered your acceptance of the changes.
1. Information We Collect
We collect several types of information from and about users of our Site, including:
1.1. Personal Data
Personal data refers to any information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular individual or household. This may include:
Name, postal address, email address, phone number, and other identifiers.
Billing and financial information, including payment methods (e.g., credit card details), provided when making a purchase.
Demographic details such as age, gender, date of birth, and nationality.
Account login credentials, including usernames and passwords.
1.2. Usage Data
As you navigate through and interact with our Site, we may collect certain information about your device and browsing actions:
IP address, browser type, operating system, and other device-related data.
Details of your visits to our Site, including pages viewed, duration of visit, and referral URLs.
Information collected through cookies and other tracking technologies.
1.3. Cookies and Tracking Data
We use cookies, web beacons, pixel tags, and similar technologies to automatically collect information when users interact with our Site. This helps us understand how users engage with our Site, enhance user experience, and deliver targeted advertisements. Cookies can include both first-party (set by us) and third-party (set by external service providers) cookies.
Types of Cookies We Use:
Essential Cookies: Necessary for the website to function.
Performance Cookies: Help us analyze website traffic and usage.
Targeting Cookies: Track your browsing habits and show relevant ads.
You may disable cookies through your browser settings, though this may affect your experience on the Site.
2. How We Use Your Information
We use your information in the following ways:
2.1. To Provide Our Services
Create and manage your account.
Provide customer support and respond to inquiries.
2.2. For Marketing Purposes
Send promotional communications, newsletters, and offers tailored to your preferences.
Display targeted advertisements based on your browsing habits and interests.
2.3. For Analytics and Improvements
Analyze trends, monitor traffic, and track website usage to improve our Site.
Conduct market research to better understand our users’ needs.
2.4. For Legal and Compliance Purposes
Comply with applicable laws and regulations.
Respond to legal requests, subpoenas, or governmental inquiries.
Protect the safety, property, and rights of the company, users, and others.
3. Sharing and Disclosure of Information
We do not sell, rent, or trade your personal information. However, we may share information with trusted third parties in the following cases:
3.1. Service Providers
We may share your data with third-party service providers who perform functions on our behalf, such as:
Email service providers.
Cloud hosting and data storage providers.
These third parties only have access to the data they need to perform their services and are bound by confidentiality obligations.
3.2. Business Transfers
If we are involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you of such an event and outline your options.
3.3. Legal Obligations
We may disclose your personal information to:
Comply with any court order, law, or legal process.
Enforce or apply our terms and conditions or investigate violations.
Protect the rights, property, or safety of our company, customers, or others.
4. Your Data Protection Rights
Depending on your location, you may have the following rights regarding your personal data:
4.1. Right to Access
You have the right to request access to the personal data we hold about you, including details of how we use and share your information.
4.2. Right to Correction
You may request correction or updating of inaccurate or incomplete data we have about you.
4.3. Right to Erasure ("Right to be Forgotten")
In certain circumstances, you have the right to request that we delete your personal data, subject to legal obligations.
4.4. Right to Object
You may object to the processing of your personal data for direct marketing purposes or other specific scenarios where we rely on legitimate interest.
4.5. Right to Data Portability
You have the right to request that we provide you with your personal data in a structured, commonly used, and machine-readable format or transmit it to another controller.
4.6. Right to Withdraw Consent
If we process your data based on consent, you have the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
To exercise any of these rights, please contact us at [Your Contact Information]. We will respond to your request in accordance with applicable data protection laws.
5. Data Security
We use commercially reasonable safeguards to protect your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use acceptable means to protect your data, we cannot guarantee absolute security.
6. Retention of Your Data
We will retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (e.g., tax, accounting, or legal obligations).
7. Third-Party Links
Our Site may contain links to third-party websites, services, or applications that are not operated by us. We are not responsible for the content or privacy practices of those third parties. We encourage you to review their privacy policies before sharing your personal information with them.
8. Children's Privacy
Our Site is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information.
9. Contact Information
If you have questions or comments about this Privacy Policy or our privacy practices, please contact us at:
Haley Olsthoorn Photography
4153 McLean Creek Rd
Okanagan Falls, BC
Canada
Info@HaleyOlsthoorn.com
778-531-4482
