1. All emails, documents, images or other recorded information held or used by the Photographer is Personal Information as defined and referred to in clause 16.3 and therefore considered confidential. The Photographer acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” then the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Photographer acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by the Photographer that may result in serious harm to the Client, the Photographer will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
2. Notwithstanding clause 16.1, privacy limitations will extend to the Photographer in respect of Cookies where transactions for purchases/orders transpire directly from the Photographer’s website. The Photographer agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to the Photographer when the Photographer sends an email to the Client, so the Photographer may collect and review that information (“collectively Personal Information”)
In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via the Photographer’s website.
3. The Client authorises the Photographer or the Photographer’s agent to:
(a) access, collect, retain and use any information about the Client;
(i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Client.
(b) disclose information about the Client, whether collected by the Photographer from the Client directly or obtained by the Photographer from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
4. Where the Client is an individual the authorities under clause 16.3 are authorities or consents for the purposes of the Privacy Act 1993.
5. The Client shall have the right to request the Photographer for a copy of the Personal Information about the Client retained by the Photographer and the right to request the Photographer to correct any incorrect Personal Information about the Client held by the Photographer.