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TERMS AND CONDITIONS & PRIVACY POLICY

TNC

TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Bernadette Baksa (which includes bernadettebaksa.com, among others) (collectively the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. 

I hope you enjoy using this website as it is meant to provide you with information about photography, social media marketing and strategy, website and graphic design services. In addition to providing you with information, the other purposes of my website include, allowing you to join my mailing list, sign-up for free gifts, place orders to purchase my products and services, provide a means for you to contact us. Any other use of this site is prohibited.

COPYRIGHT

Bernadette Baksa owns the intellectual property rights of all information on this site including but not limited to the company name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials. Bernadette Baksa’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent from Bernadette Baksa. Modification of any content and data or use of the content and data for any other purpose is a violation of the copyright and other proprietary rights of Bernadette Baksa.

You agree that bernadettebaksa.com website itself, as well as all content, videos, photos, products, services and/or other materials, made available on bernadetteabaksa.com website by Bernadette Baksa or other third parties, are maintained for your personal use.

 

Subject to your compliance with these Terms of Use, Bernadette Baksa hereby grants you a limited, non-exclusive, non-transferable, and non-sublicensable license, to access, view, and use bernadettebaksa.com website solely for your personal purposes.

WEBSITE AVAILABILITY

Bernadette Baksa allows access to bernadettebaksa.com on a temporary basis and reserves the right to withdraw, restrict or change on the website at any time and without notice.

Bernadette Baksa uses reasonable efforts to include accurate and up-to-date information on bernadettebaksa.com website, she makes no warranties or representations as to its accuracy. Bernadette Baksa will not be liable if for any reason bernadettebaksa.com is unavailable at any time or if the content is changed, shows any errors or omissions, or the content or out of date.

 

If in Bernadette Baksa's opinion, you aren’t complying with these terms of use, she has the right to immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in her sole discretion

It is your responsibility that anyone who accesses bernadettebaksa.com through your internet connection is aware of these terms and complies with them.

EXTERNAL LINKS

The contents of bernadettebaksa.com (including links to other sites and resources provided by third parties) are for information only, and Bernadette Baksa shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

YOUR INFORMATION

Bernadette Baksa processes information about you in accordance with her Privacy Policy. By using bernadettebaksa.com, you consent to such processing and you warrant that all data provided by you is accurate. You agree that any information you provide to Bernadette Baksa through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use however Bernadette Baksa sees fit. Please do not provide Bernadette Baksa with information you do not want to be used.

HACKING

You must not misuse bernadettebaksa.com by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to bernadettebaksa.com, the server on which bernadettebaksa.com is stored or any server, computer or database connected to bernadettebaksa.com. You must not attack bernadettebaksa.com via a denial-of-service attack or a distributed denial-of-service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use bernadettebaksa.com will cease immediately and Bernadette Baksa will report your actions to the relevant authorities.

 

YOUR LIABILITY

You agree not to use any features of this site that permit communications or postings to post, display, or otherwise communicate any of the following:

  • any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

  • any advertisement, solicitation, or spam;

  • any encouragement of illegal activity;

  • unauthorized use or disclosure of private, personally identifiable information of others;

  • any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so; or

  • any false or misleading information. 

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BERNADETTE BAKSA'S LIABILITY

  • The material displayed on bernadettebaksa.com is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of bernadettebaksa.com, any websites linked to it and any materials posted on it (whether by Bernadette Baksa or a third party), including, without limitation any liability for:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

  • wasted management or office time; and

  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within 6 months after the claim or cause of action arises.

 

DATA RETENTION

The English courts will have exclusive jurisdiction over any claim arising from or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

CONTACT:

 

Should you have questions regarding this Terms of Use Agreement, please contact photo@bernadettebaksa.com

Updated: 25 March 2020

Privacy Policy

I, Bernadette Baksa, am committed to maintaining the trust and confidence of my visitors to my website and subscribers to my mailing list. Here you’ll find information on how I treat data that I collect from visitors to my website or when someone subscribes to my Mailing List.

Bernadette Baksa will keep confidential and will not disclose to any third parties all information communicated to her in confidence for the purposes of the photography or any other services Bernadette Baksa provides, save as may be reasonably necessary to enable the Bernadette Baksa to carry out her obligations in relation to the commission.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act) and the EU General Data Protection Regulation (GDPR), the data controller is Bernadette Baksa.
Our nominated representative for the purpose of the Act is Bernadette Baksa.

PERSONAL DATA COLLECTION

I collect data about you through a variety of different methods including:
Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
order our products or services;
create an account on our site;
subscribe to our email update service or publications;
register for a virtual or in-person event;
request resources or marketing be sent to you;
enter a competition, prize draw, promotion or survey; or
give us feedback.

Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics provider Google based (in OR outside)the EU
Identity and Contact Data from publicly available sources such as Companies House
Contact, Financial and Transaction Data from providers of technical, payment and delivery services based (inside OR outside)the EU.
Advertising networks (such as Facebook, Twitter LinkedIn and YouTube based (inside OR outside) the EU); and search information providers (such as Google based [inside OR outside) the EU).

INFORMATION USE

I collect and process the following data about you:

Information you give us. This is information about you that you give us by filling in forms on my site bernadettebaksa.com (my site) or by corresponding with me by phone, e-mail or otherwise. It only includes basic personal data required for you to be able to use my site, subscribes to my service, searches for a product or service, places an order on my site, participates in discussion boards or other social media functions, enters a competition or promotion or survey and when you report a problem with my site.

The information you give me may include:
your name
your address
your business name
your phone number
your e-mail address
any personal data you post on our website
data about how you use our website
your marketing and communication preferences
financial and credit card information
photographs of you at events
CV and application forms
credit information from third parties

Information I collect about you:
With regard to each of your visits to my site I will automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet,

browser type and version,

time zone setting,

browser plug-in types and versions and operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (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), methods used to browse away from the page, and any phone number used to call our customer service number.


Information I receive from other sources:

This is the information I receive about you if you use any of the other websites I operate or the other services I provide.
I am working with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, personal and administrative assistants). I will notify you when I receive information about you from them and the purposes for which I intend to use that information.

COOKIES

My website uses cookies to distinguish you from other users of our website. This helps me to provide you with a good experience when you browse my website and also allows me to improve my site. For detailed information on the cookies I use and the purposes for which I use them see our Cookie policy.

DATA USE

I will use this information:
to carry out our obligations arising from any contracts entered into between you and me and to provide you with the information, products and services that you request from me;
to notify you about changes to my service.

Information I collect about you.

I will use this information:

to administer my site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve my site for the purposes of ensuring that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive and social media features of my service when you choose to do so;
as part of my efforts to keep my site safe and secure;
to measure or understand the effectiveness of advertising I serve to you and others, and to deliver relevant advertising to you;
to process financial transactions so you can use my goods and services
send you customer communications about enhancements to products or services you have bought;
reply to any enquiries you make about my products or services;
send you marketing communications where I am allowed to by law;
keep records of orders placed and communication of such orders;
keep records of communications, including but not limited to email, Voxer, WhatsApp, skype and zoom calls;
analyse your use of my website and other online services;
administer and protect my business and website;
obtain or maintain insurance policies;
obtain professional advice;
to make suggestions and recommendations to you and other users of my site about goods or services that may interest you or them.

Information I receive from other sources.

I will combine this information with information you give to me and the information I collect about you. I will use this information and the combined information for the purposes set out above (depending on the types of information I receive).

WHAT I WOULD ALSO LIKE TO DO WITH THE INFORMATION

I take your privacy seriously and will only use your Information as mentioned above.
However, from time to time I would like to inform you of our future offers and similar products. This information is not shared with a third party and you can unsubscribe at any time via phone, email or our website.

 

SHARING YOUR INFORMATION

You acknowledge and agree that from time to time I have the right to share your personal information with:
Any member of my group, which means my subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

Selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract I enter into with you;
analytics and search engine providers that assist me in the improvement and optimisation of my site;


I will disclose your personal information to third parties:
In the event that I sell or buy any business or assets, in which case I may disclose your personal data to the prospective seller or buyer of such business or assets.

If Bernadette Baksa or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.


If I am under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply my Website Terms and Conditions and other agreements; or to protect the rights, property, or safety of Bernadette Baksa, my customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

INFORMATION STORAGE

All Information I process is processed by me and my staff in the UK however for the purposes of IT hosting and maintenance, this information is located on servers within the European Union.
No third parties have access to your personal data unless the law allows them to do so.
Once we have received your information, we have a Data Protection regime in place to oversee the effective and secure processing of your personal data and we will use strict procedures and security features to try to prevent unauthorised access.

However and unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site at the transmission stage; any transmission is at your own risk.

 

DATA RETENTION

I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for I look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes if these can be achieved by other means and legal requirements.

For tax purposes, the law requires me to keep basic information about my customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances, I may anonymise your personal data for research or statistical purposes in which case I may use this information indefinitely without further notice to you.

 

YOUR RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to the portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/


If at any point you wish to know which information I am processing about you, or if you do not wish for me to process your information anymore or if you believe the information I process on you is incorrect or obsolete you can request to see this information and/or have it corrected or deleted by my by contacting photo@bernadettebaksa.com


If you wish to raise a complaint on how I have handled your information, please contact me at the email address above to have the matter investigated.


If you are not satisfied with my response or believe I am processing your information not in accordance with the law you have the right to complain to the Information Commissioner’s Office.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

I may need to request specific information from you to help me confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request to speed up our response.

WEBSITE

When someone visits www.bernadettebaksa.com, I use a third-party service, Google Analytics and Visitor Analytics, to collect standard internet log information and details of visitor behaviour patterns. I do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. I do not make and do not allow Google or Visitor Analytics to make, any attempt to find out the identities of those visiting our website.

I currently use Wix.com to host my website.

Your data is stored through Wix’s data storage, databases and the general Wix application.

For more insight, you may also want to read the Wix Terms of Service here or Privacy Statement here:

https://www.wix.com/about/terms-of-use

https://www.wix.com/about/privacy

You can find more information on how cookies are used on this website by reading Wix's Cookie Policy read Wix's Privacy Policy Section 9. 

If I do want to collect personally identifiable information through our website, I will be upfront about this. I will make it clear when I collect personal information and will explain what I intend to do with it.

VISITOR ANALYTICS

1. Visitor Analytics

Visitor Analytics is a simple website analytics service which measures the traffic and visitors' general details of our website. Collecting these statistics, we can make our website visitors' experience better (e.g. which pages they visit and when, where they are approximately located, where does a userland first or if they are coming from a specific referral).

Basically, as a website owner using Visitor Analytics, we are using cookies to collect data about our visitors' device type and screen size, approximate location, browser, OS, IPs, page visits, bounce rate, conversions and popular content on the website. All this data is pseudonymized and Visitor Analytics will never use the collected data to identify individual users or to match it with additional information on an individual user. Each visitor has control over the placement of cookies.

2. Visitor Recordings

Visitor Recordings is an additional feature to Visitor Analytics (described above) in the form of a simple website replay tool that records where our website visitors scrolled to and what they clicked on our website. We can see this information in playbacks and so-called heatmaps. Collecting these statistics helps us to make our website more user-friendly and to reproduce and fix technical errors.

Basically, as a website owner using Visitor Recordings, we are using a snippet of tracking code to collect data about our visitors’ journey on our websites, so which subpages they visit, what they clicked on, where they moved their mouse cursor to and where they scrolled. All this data is pseudonymized and Visitor Analytics will never use the collected data to identify individual users or to match it with additional information on an individual user.

3. How to control cookies

You can control and/or delete cookies as you wish by checking your browser settings on each device - for details, see About Cookies page.
For further information, please check Visitor Analytics’ Terms Of UseCookie Information and Opt-Out / Do Not Track.

LINKS TO OTHER WEBSITES

This privacy notice does not cover the links within this site linking to other websites. Those sites are not governed by this Privacy Policy, and if you have questions about how a site uses your information, you’ll need to check that site’s privacy statement. 

ACCESS TO YOUR PERSONAL INFORMATION

You are entitled to access the personal information that I hold at any time. Email me to obtain this information.

CHANGES TO THIS PRIVACY NOTICE

I keep my privacy notice under regular review. This privacy notice was last updated on 25 March 2020.

PRIVACY POLICY
Cookie Policy

COOKIE POLICY

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.

More specifically, I use cookies and other tracking technologies for the following purposes:

  • Assisting you in navigation;

  • Assisting in registration to our events, login, and your ability to provide feedback;

  • Analyzing your use of our products, services or applications;

  • Assisting with our promotional and marketing efforts. (including behavioural advertising)

Below is a detailed list of the cookies I use on my Website. My Website is scanned with my cookie scanning tool regularly to maintain a list as accurate as possible. I classify cookies in the following categories:

  • Strictly Necessary Cookies

  • Performance Cookies

  • Functional Cookies

  • Targeting Cookies

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