Privacy & Terms of Use

Privacy & Terms of Use

This is a page about cookies, and cookies are delicious, so there’s that.  I kind of want a cookie right now.

Thank you for coming to what is without a doubt the driest page on our website. How Focus Photography manages your information from cookies, and what you agree to by browsing our site.

TLDR

In a nutshell (I’m thinking about putting walnuts in cookies), we use some services from Facebook, Google, and our hosting company that may track your browsing habits, and so we have to have a legal disclosure to say so.

For example, We use a Facebook App that lets you click a like button.  I don’t think any other data is going to come from that, so I wouldn’t freak out. And Google analytics will tell us that of the 2,000 people a month that browse our website, X number are from the United States, X number are from Italy, etc. etc.

Also, this might seem self-explanatory, but if you send us an email or a contact form, we might reply back to you (not you, billionaire heiress who just needs my social security number and bank account to send me blessings).

That’s the crux of it, but obviously, it’s not nearly incomprehensible enough. 

Let me present to you the required legalese:

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Privacy

SCOPE OF THIS POLICY
This Privacy Policy applies to all users of this Site. That’s a fancy term, the Site, but it just means FocusPhotography.com or any of Focus Photography’s other domains, like clients.focusphotography.com, or seniorpicturesinmaine.com. By using this Site (again, that means any of our web pages), you are agreeing to comply with and be bound by this Privacy Policy with Focus Photography ( who might be referred to in the page as “Focus”, “I”, “Focus Photography”, “we” or us”). If you do not agree to this Privacy Policy, you may not access or use this Site.

This online privacy policy (this “Policy” to seem really geeky) applies only to information collected through The Site, and does not apply to information collected through other channels, such as over the phone or in person.

Some of the information we collect through this Site may be “personal information”—information that identifies you personally, alone or in combination with other information available to us. Other information may be nonpersonally identifiable, such as information collected by cookies.

YOUR CONSENT
By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, we probably can’t answer them.

That’s not me being sarcastic – that’s just truth.

OUR TERMS OF USE
This Policy is part of the Terms of Use that govern your use of this Site. The Terms of Use (more capital letters) are on the other column (wait, The Other Column).

WHY GATHER ANY INFORMATION ANYWAY?
Mostly we don’t, but since Facebook (formerly known as ‘THE BOOK”, and now knows as “META???”) and Google provide our analytic info, and since they track everything, and we use their tools, we have to have a disclosure page.

Generally, we use the information we collect through The Site:

To provide the information, products and services you request; to understand your needs and interests; to improve our marketing; and to entice you to hire us to make some pretty pictures for you.

How long is information retained?
I have no idea. If you send us a contact form it could linger in my inbox for years after we’ve replied to it. That’s just bad email management, really, but let’s not get on me for that. Our official policy is we keep it until it’s no longer useful or it’s taking up space.

How is information collected?
You might type it in. Send us an email, fill out a form, and we get some info. This one seems pretty evident. Some of the information you give us may be personal information, such as your name and contact information. You could give us a phony name and email address, but then we probably won’t be able to reply to you.

Some tools collect info from your browser or device. The Site might collect information that is sent to us automatically by your web browser or mobile device. That would typically include your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Shocking! This isn’t like a spy show, where a super-hacker can find out where you live by your ip address – it’s just a weird series of numbers your browser sends us, and every web site you visit, really.

Information Collected by Cookies and Other Technologies. We use “cookies” , or we could use cookies if we get our act together, or we could use other technologies (our server stores Log Files, which I think are entire filing cabinets filled with recently felled trees) to collect information and support certain features of this Site.

Third-Party Cookies
In addition to the cookies we deliver to your computer or mobile device through this Site, certain third-parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites.

Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across non-affiliated websites and/or delivering targeted advertisements either on this Site or on other websites.

Opting Out of Communications
If you do not wish to receive marketing communications from us, you can unsubscribe via the link in an email you have received. Of course, you wont’ get those unless you ask us for something in the first place, but the infrequent messages we send all have unsubscribe buttons.

Children’s Privacy
You must be at least 13 years old to have our permission to use this Site. You have to be at least 18 to visit any of the NSFW pages, like the beauty and boudoir photos. Also, have you ever thought of what that acronym means? It means don’t look at steamy pictures while you’re around coworkers, or other passengers on an airplane.

We don’t have any pornographic images, but some of the shots can be a little racy, so use a little discretion. Oh, and kids, don’t look at those.

Testimonials
The Site may display personal testimonials of yours from time to time if you say nice things about us, and we received them via email, social media, written letter, or as otherwise received from you by the Site.

Surveys & Contests
From time-to-time our site requests information via surveys or contests. Actually, I don’t remember ever doing that, but let’s say I did. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and address), and demographic information (such as zip code, age level, high school, etc.). Contact information will be used to notify the winners and award prizes. Email addresses might be used to send requested pamphlets, information, web pages, etc.

Updates and Changes to Privacy Policy
In the unlikely event our lawyer reads this page and tells us to change something, we reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy. If we do, it will be effective immediately upon it’s posting, so check back often.

Governing Law
This Policy shall be governed under the laws of Maine, United States of America without regard to its conflicts of law provisions.

Data Protection Inquiries
If you have any questions or concerns regarding our notice or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you can file a complaint with our Data Protection Officer (that’s a joke, there is no DPO, as I would refer to myself if I were a Data Protection Officer).

Really, we won’t know what to do.

I’d say if you’re really worried about privacy, you probably already know how to use an incognito browser; an anonymous IP address; and an alias email address.

Terms Of Use

YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all users of this Site.

By using The Site (as stated in the Privacy column, that just means FocusPhotography.com or any of Focus Photography’s other domains, like clients.focusphotography.com, or seniorpicturesinmaine.com., or other Focus Photography domains) you are agreeing to comply with and be bound by these Terms of Use with Focus Photography (I love the finality of the term Bound – lawyers could say ‘agree with’, ‘follow’, or ‘comply’, but no, they 50 Shades of Gray it). If you do not agree to be Bound by these Terms of Use, you may not access or browse this Site.

Actually, if you like the idea of binding, there’s maybe a naughty photo shoot in your future. But I digress.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, (both over there, in the left column, and also incorporated within The Terms). Before using this Site, please carefully review our Privacy Policy.

OWNERSHIP OF THIS SITE AND ITS CONTENT
Focus Photography owns all intellectual property rights in (a) all images, text, logos, and web design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services or Focus Photography’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).

Focus Photography does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon Focus Photography’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.

THIRD-PARTY GENERATED CONTENT
The Site may contain content generated from third-parties, including but not limited to comments, testimonials, reviews, and ratings, and we do not guarantee the accuracy, integrity, or quality of third-party generated content. Focus Photography does not endorse, and is not responsible for, statements, advice and opinions made by anyone other than by Authorized Site Spokespersons (Will and Lucia).

DISCLAIMERS
We do not guarantee that this site, it’s servers, or any transmissions from us or through this site will be free of any harmful components (ie viruses).

We run security software at all times on the server, antivirus software on all company machines, update all software to try to minimize any risks, but hackers exist, and have tried to compromise our site before.

LIMITATION OF LIABILITY
To the fullest extent permitted by Maine laws we, on behalf of Focus Photography, it’s officers, employees, and owners, exclude and disclaim liability for any losses and expenses whatsoever arising from your use of this website. You assume personal responsibility for such procedures as data backup and virus checking as you consider necessary.

GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use and Privacy Policy will be governed under the laws of the State of Maine without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Portland, ME. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating (so don’t steal our pictures!). If either party to this agreement brings a legal action against the other party to these Terms to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, Focus Photography will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

INDEMNITY
You agree to indemnify, defend and hold harmless the Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date of use. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

EASTER EGGS
It’s common in long and boring documents like this to hide a hidden message, otherwise known as an Easter Egg, rewarding the reader for burrowing in really deeply to a page that makes others’ eyes glaze over.

You’re not going to find one here. Stop looking. Go on, find a gallery of pretty pictures to look at.

CHRISTMAS STOCKINGS
This isn’t a thing like Easter Eggs, but if it was, it might refer to wearing the patterned foot sweaters you’ve been given at a holiday or birthday for a special photoshoot.

You know who thinks wearing fancy socks to a photo shoot is a thing? Grooms and their men!

ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.