TERMS AND CONDITIONS OF USE

USE OF THE SITE

You may access michaelbrosnan.com and michaelbrosnan.com/shop for your own personal non-commercial use only. You may not download and keep or print any part of the sites. You may not access any part of the sites prohibited by any notice or restriction, or where it is reasonably obvious that such part of the site is meant to be private (e.g. any administration area meant only for our employees). You may only access the sites using a normal desktop or mobile web browser or screen reader (or other device for accessibility purposes). You may not access the websites for the purposes of ‘scraping’, aggregating or re-publishing their content or for any reason other than as a private visitor to either site. We may take other methods to prevent you from accessing the sites if you do not comply with these terms of use but, because of the nature of the internet, your successful ability to access the sites should not be taken as our consent to do so other than on these terms and conditions.

LIABILITY

By entering the sites, you acknowledge and agree that the use of the sites is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this site or any material on any site linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. We do not warrant that these sites do not infringe any intellectual property rights of third parties. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

OTHER SITES AND BANNERS

To the extent permitted by applicable law, we do not warrant that these sites will be available at any time.

ACCURACY

The information contained in these sites is based on up to date information and while we make all reasonable efforts to ensure that material on the sites is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice. You should take appropriate steps to verify all information on this site before acting upon it.

AMENDMENTS

We may update these terms and conditions from time to time and we will notify you of any changes using the e-mail address you gave to us on registration or by an announcement on the web site (at our sole discretion). The changes will apply to the use of the sites after such notice. If you use the sites after the date on which the changes come into effect, you will be deemed to have accepted the new terms and conditions.

SEVERABLITY

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

ASSIGNMENTS

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

GOVERING LAW

These terms and conditions are governed by and shall be construed in accordance with the laws of England. Non-contractual obligations (if any) arising out of or in connection with these terms and conditions (including their formation) shall also be governed by the laws of England. You agree submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these terms and conditions or any of the documents to be entered into pursuant to this these terms and conditions (including their formation).

COPYRIGHT AND TRADEMARKS

Unless otherwise stated, all rights in any information which appears on the sites (including the photographs screen displays, the content, the text, graphics and look and feel of the site) belong to Michael Brosnan Photography (“we” or “us”) or our licensors (including Michael Brosnan). All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these photographs, images, marks, names, and logos without express permission may constitute an infringement of the holders’ rights.

SHOP

Our returns policy lasts 14 days. If 14 days have passed since your purchase, unfortunately, a refund or exchange is not possible. To be eligible for a return, your item must be unused and in the same condition that you received it. We only replace items if they are defective or damaged.  If you need to exchange your purchase for the same item, send us an email at michael@michaelbrosnan.com . To return your product, please send via recorded delivery to Michael Brosnan Photography, Spring Street, 30 Sussex Court London W1 1JF UNITED KINGDOM

PRIVACY POLICY

We are committed to protecting your personal data. This privacy policy gives you detailed information on when and why we collect your personal data through the use of our websites michaelbrosnan.com and michaelbrosnan.com/shop  (“Websites”), how we use the data and how we keep it secure. Please read this policy carefully alongside any applicable Terms & Conditions or Fair Processing Notices from us to understand our views and practices regarding your personal data and how we will treat it. This policy supplements these other documents and is not intended to override them.

THE DATA WE COLLECT ABOUT YOU

  • Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
  • We collect your data when you use the functionalities of the Websites, i.e. when you are browsing or searching, when you subscribe to our marketing newsletters, when you buy any products offered on the Websites, and when you send us an email through the contact page. We do not always collect all the data, and the extent of your data we process depends on the extent of your use of our Websites.
  • We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:-

Identity Data  – refers to your title, name or similar identifier, marital status, and gender.

Contact Data – refers to the billing address, delivery address, email address, and telephone numbers.

Financial Data – refers to your payment card details.

Transaction Data – includes details about payments to and from you and other details of products and services you have purchased from us.

Technical Data – includes the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, type of device used to access our Websites and the location of where you access our Websites via a mobile device;

Profile Data – includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data – includes the full Uniform Resource Locators (URL) clickstream to, through and from our Websites (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number;

Marketing and Communications Data – includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share: 

Aggregated Data – such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

  • We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
  • The Websites are not intended for children and we do not knowingly collect data relating to children.
  • It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you fail to provide personal data:

  • Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL DATA

  • These Websites are intended to showcase, and in the case of michaelbrosnan.com/shop also sell, the work of Michael Brosnan, as represented by us or the Affiliate Agencies.
  • We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

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 basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. If we do, you have the right to withdraw consent to marketing at any time by contacting us.
  • We set out in the table below the details of what data we collect and how we use it.

 

• Purpose/Activity • Type of data: • Lawful basis for processing including legitimate interest:
• TO REGISTER YOU AS A NEW CUSTOMER • a) Identity

•b) Contact

• Performance of a contract with you
• TO PROCESS AND DELIVER YOUR ORDER INCLUDING:

•a) Manage payments, fees and charges.

•b) Collect and recover money owed to us.

• a) Identity

•b) Contact

•c) Financial

•d) Transaction

•e) Marketing and Communications

• a) Performance of a contract with you

•b) Necessary for our legitimate interests (to study how customer’s use our products/services, to develop them and grow our business)

• TO MANAGE OUR RELATIONSHIP WITH YOU WHICH WILL INCLUDE:

•a) Notifying you about changes to our terms or privacy policy

•b) Asking you to leave a review or take a survey

• a) Identity

•b) Contact

•c) Profile

•d) Marketing and Communications

• a) Performance of a contract with you

•b) Necessary to comply with a legal obligation

•c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services

• TO ENABLE YOU TO PARTAKE IN A PRIZE DRAW, COMPETITION OR COMPETE IN A SURVEY • a) Identity

•b) Contract

•c) Profile

•d) Usage

•e) Marketing and Communications

• a) Performance of a contract with you

•b) Necessary for our legitimate interests (to study how customer’s use our products/services, to develop them and grow our business)

• TO ADMINISTER AND PROTECT OUR BUSINESS AND THE WEBSITES (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). • a) Identity

•b) Contract

•c) Ethnical

• a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

•b) Necessary to comply with legal obligation

• TO DELIVER RELEVANT CONTENT AND ADVERTISEMENTS VIA THE WEBSITES TO YOU AND MEASURE OR UNDERSTAND THE EFFECTIVENESS OF THE ADVERTISING WE SERVE YOU • a) Identity

•b) Contract

•c) Profile

•d) Usage

•e) Marketing and Communications

•f) Technical

• Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
• TO USE DATA ANALYTICS TO IMPROVE OUR WEBSITES, PRODUCTS/SERVICES, MARKETING, CUSTOMER RELATIONSHIPS AND EXPERIENCES • a) Identity

•b) Usage

• Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Websites updated and relevant, to develop our business and to inform our marketing strategy).
• TO MAKE SUGGESTIONS AND RECOMMENDATIONS TO YOU ABOUT GOODS OR SERVICES THAT MAY BE OF INTEREST TO YOU • a) Identity

•b) Contact

•c) Technical

•d) Usage

•e) Profile

• Necessary for our legitimate interests (to develop our products/services and grow our business).

 

MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside our Company and the Affiliate Agencies for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by contacting us.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, or other transactions.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURE OF DATA AND TRANSFER OF DATA BETWEEN JURISDICTIONS

  • Personal data may be transferred to one of our Affiliate Agencies for the purposes of fulfilling our obligations to you. We also use a number of suppliers in connection with the operation of our business and they may have access to the personal data we collect so that they can process it on our behalf. For example, an IT supplier may see our personal data when providing software support, or a company which we use for a marketing campaign may process contacts’ personal data for us. When contracting with suppliers and/or transferring personal data to a different jurisdiction, we take appropriate steps to ensure that there is adequate protection in place and that the principles are adhered to.
  • As at the date of this policy, we do not transfer your personal data outside the European Economic Area, save through processors offering us operational support as described above, or save for non-repetitive transfers concerning a limited number of data subjects, which are necessary for our legitimate purposes.

YOUR RIGHTS AS A DATA SUBJECT

  • At any point whilst we are in possession of or processing your personal data, all data subjects have the following rights:- Right of access – you have the right to request a copy of the information that we hold about you.- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.- Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.- Right of portability – you have the right to have the data we hold about you transferred to another organisation.- Right to object – you have the right to object to certain types of processing such as direct marketing.- Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
  • Should you wish to make a request in line with your rights as an individual, please forward it to us using the contact details provided at the end of this privacy policy. A minimum of one piece of photographic identification will be required (driving license or passport) together with recent proof of address (council tax bill or utility bill not older than three months).
  • If we do not address your request, or we fail to provide you with a valid reason why we are unable to do so, you have the right to contact the Information Commissioner’s Office to make a complaint. They can be contacted via their website (ico.org.uk) or by telephone on 0303 123 1113.

SECURITY

  • Information security is a key element of data protection. We take appropriate measures to secure personal data and protect it from loss or unauthorised disclosure or damage.  You can find out more about our policy and approach to information security by contacting us.

COOKIES

  • Our Websites use cookies to record log data. We use both session-based and persistent cookies, dependent upon how you use or interact with the Websites.
  • Cookies are small text files sent by us to your computer, or from your computer or mobile device to us each time you visit our Websites. They are unique to you or your web browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser deletes them, or until they expire.
  • We use cookies which are not specific to your account, but which are unique and allow us to undertake website analytics and customization. If you decide to disable some or all cookies, you may not be able to use some of the functions on our Websites. We may use third-party cookies, for example, Google Analytics, and you may choose to opt-out of third-party cookies from their website.

CHANGES TO OUR PRIVACY POLICY

  • We may change this privacy policy from time to time, and if we do we will post any changes on this page. If you continue to access the Websites or use services available from them after those changes have come into effect, you will have agreed to the revised policy.

CONTACT AND COMPLAINTS

  • Questions, comments, complaints, and requests regarding this privacy policy are welcomed and should be addressed to Michael by writing to us at the address listed at the beginning of this Privacy Policy or at michael@michaelbrosnan.com.

© Copyright Michael Brosnan 2019. All rights reserved.

Date updated: 3 March 2019