PRIVACY POLICY
Updated and Effective: March 4, 2025
PLEASE REVIEW THIS POLICY CAREFULLY
We at COLETTE JAMES PHOTOGRAPHY respect your privacy. This Privacy Policy (hereinafter the “Policy”) applies to any website, application, feature, widget or other online service that is owned or controlled by COLETTE JAMES PHOTOGRAPHY and its subsidiaries. COLETTE JAMES PHOTOGRAPHY (hereinafter the “Company,” “I,” “me,” “we,” “our “or “my”) is aware that the personal data of its customers and other individuals is important. We are committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services. In this Policy, we outline how we collect, use and disclose the personal data we gather through www.colettejamesphotography.com, its sub-domains and affiliated sites, as well as pages and accounts on Facebook®, LinkedIn®, Instagram®, and YouTube® and other applicable social media sites (collectively, referred to hereinafter the “Sites”) of Company. “User” (hereinafter the “User,” “you,” and “your(s)”) means any individual who is visiting, accessing, providing credential, purchasing, and/or engaging on the Sites.
Please also review Company’s full Terms and Conditions of Use, which also govern your use of our Sites. By using the Sites, you are consenting to this Privacy Policy. This Policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy each time you return to our website. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our Sites. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our Sites after the revised Privacy Policy is posted.
COLLECTION OF YOUR PERSONAL INFORMATION
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. Submission of personal data is voluntary, and you are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device also known as Personal Data. Personal Data is information that can be used to individually identify you specifically, including, but not limited to your name, postal or other physical address, email address, telephone number, or demographic information like your age, gender, or hometown and other personally identifiable information. We generally collect personal data directly from you when you voluntarily provide your information for purposes of newsletters, free downloads, workshop registration, special event notifications, responding to blogs, responding to newsletters, and/or promotions. We collect and process data when you interact with us. Collection of data may include:
CATEGORIES OF INFORMATION WE COLLECT
The Personal Data we collect about you will depend upon how you use our Site(s) or otherwise interact with us. Accordingly, we may or may not collect any of the below information about you. Examples include: [ADD/DELETE BELOW AS REQUIRED AND PER YOUR BUSINESS MODEL]
Identifiers and Contact Information. Name, Email address, home/work/mobile number, postal or other physical address, and credit/debit card information, and photographs.
Purchase or Other Commercial Information. This information includes the items you purchase, shipping address, and contact information (such as for receipts or order updates).
Log Data and Mobile Device Information. Log data, mobile device and mobile application information such as IP address, cookies, browser type, access time, referring website, domain information, geolocation information, tracking user patterns and other information about your computer hardware and software that is automatically collected. Normally, this information is not used for any purpose. However, if used, information collected in this manner is to implement improvements, troubleshooting, customize client experience, and confirm that your use of the Sites follows Company’s Terms of Use.
Social Networking Data. This information may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat or other social networking sites or apps, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Derivative Data. Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website(s), and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Communications and Interactions. Examples may include email messages, chat sessions, text messages, and phone calls that we exchange with you.
Demographic Information. Information may include age or birthdate, gender, ZIP code, and other information about you.
Device and Browsing Information and Other Internet Activity Information. Information may include your phone, tablet, computer, or device, and online browsing activity (collectively, "automatically collected information"). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information also may include information about when and how you access and use our website(s) or mobile application, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website(s), how you navigate and what you search for using our website(s) and mobile application, the website pages and items you view using our website(s) and mobile application, and the items you purchase.
Opt-in Preference Information. Information may include information about your transactions and opt-ins online and/or information about your participation in any contests, sweepstakes, or promotions.
Other Data. On occasion, you may give us additional data, in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
Most of our services do not require any form of registration, allowing you to visit the Site(s) without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. You may choose to access our Site(s) without any Personal Data input requested by us, but it may not be possible for you to gain access to certain parts of the Site(s). We only ask for information that is reasonably required for the purposes intended to provide service(s) or product(s) to you or to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
COOKIES
Cookies are tiny files that are temporarily stored on your hard disk, enabling our site to recognize your computer the next time you visit www.colettejamesphotography.com. Depending on your settings, your Internet browser will automatically accept Cookies. However, before we use cookies, we will ask for your consent. You may refuse, but please be aware that might limit the usage and access to our Site.
HOW WE USE PERSONAL DATA
Sites and Company will use your Personal Data only in accordance with our Privacy Policy. We respect your privacy and without your consent we will never sell, trade or transfer your personally identifiable information to third parties except for what is necessary for fulfilling a customer transaction or for the basic functionality of our business. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases include, but are not limited to, User consent, contractual necessity (e.g. necessary processing of Personal Data to purchase and ship a service or good), and/or our “legitimate interests” or legitimate interest of others (i.e. our Users) such as personalizing, improving or operating our Products and business.
We process Personal Data for purposes such as:
To allow you to participate in the Site(s), and/or features or activities we offer
To update you about our products [add other items e.g. software updates]
To send you newsletters
To provide support and assistance to you and your online experience with us
To provide the ability to contact you and provide you with any necessary updates regarding your order
To deliver your product or services purchased and/or requested
To share special offers and promotions
To provide customer feedback and support
To personalize marketing communications and website content based on your preferences
To respond to your inquiries and provide customer service related to your use of the Site(s)
To help us serve you better, including personalizing your shopping experience and tailoring content, recommendations, and offers we display to you, including advertisements
To meet contract or legal obligations
At any given time, you have the option to opt out of the communications sent by us by using the “Unsubscribe” link found in the email we send to you or you can contact us by using the information in the “Contact Us” section of this Policy.
HOW WE COLLECT INFORMATION
Most of the Personal Data we collect is through you, voluntarily providing the information as you use our Site(s). Other sources of data collection is through our website, during calls with you, Google analytics, messages on social media platforms, and reviews. We also obtain information from third parties. For example, we may collect and obtain information from the following sources:
From You, such as when you make a purchase, interact with us, visit or contact us, register for an online account or newsletter, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, register to attend an event or appointment, or sign up for emails or marketing
From Social Media Platforms and Networks that you use in connection with our website or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website(s) or mobile application, we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use; and
WITH WHOM WE SHARE PERSONAL DATA and THIRD PARTY LINKING
In general, we do not sell, rent, and/or give away your Personal Data to any third parties for marketing purposes unless you have given affirmative consent. However, we share with our affiliates, subsidiaries, or with third party service providers non-personally identifiable user information including, but not limited to, usage pattern, browser type and your computer for purposes of data processing or storage. We also may share Personal Data with third parties and service providers that provide products or services to us which help us market or advertise to you or that provide products or services to you. We may use third parties or service providers to help with i) addressing security issues, ii) fixing errors, iii) advertising or marketing, iv) maintaining accounts v) providing customer service, vi) assisting with internal research, viii) verifying service quality or safety, and ix) performing any of the other actions or activities allowed under this Policy. We reserve the right to disclose Personal Data when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, respond to subpoenas or court orders, exercise our legal rights or defend ourselves in a legal claim, or in connection with the sale of part or all of Company or its affiliates assets, or to enforce Company Terms of Use.
We recommend that you take every precaution in protecting your Personal Data when you are on the Internet. When linking to other third-party websites from our Website(s) and/or Site(s), we encourage you to review the privacy statements and policies of the other websites as they are outside of our control, and thus, we assume no liability for their privacy policies and Personal Data processes.
SECURITY
We employ commercially reasonable security methods and technologies to help secure your personal information, including physical, technological, and organizational protections. However, no system can be guaranteed 100% secure. We, therefore, cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Site(s) and provide us with information at your own initiative and risk.
LIMITATIONS
By using our Website, Site(s) and subdomains, you agree that Company is not responsible for: (i) any disclosure of your Personal Data made by you to a third party through your use of the Sites; (ii) any disclosure of your Personal Data on obtained illegally from Company; or (iii) any accidental disclosure of your Personal Data made by Company.
Personal Information does not include publicly available information from government records, de-identified or aggregated consumer information, and/or information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
SEVERABILITY
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
ENTIRE AGREEMENT
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
CONSENT
By using our Site(s), you hereby consent to our Terms and Conditions of Use and Privacy Policy.
CONTACT US
We welcome questions, comments, and concerns about our privacy policy and privacy practices.
This website is operated by COLETTE JAMES PHOTOGRAPHY. If you wish to provide feedback, have questions or concerns, or wish to exercise your rights related to your personal data, please use the following contact information:
danielle@colettejamesphotography.com
Please include your full name, return address, and detailed information about the subject matter of your request or question in addition to the information as stated herein in order for us to process, evaluate and respond.
TERMS & CONDITIONS FOR USE
BY PURCHASING FROM THIS SITE AND FROM COLETTE JAMES PHOTOGRAPHY, YOU AGREE TO THE FOLLOWING TERMS:
The Terms and Conditions for Use stated herein (hereinafter the “Terms” or “Terms and Conditions”) govern your use of and access to www.colettejamesphotography.com and its sub-domains and affiliated sites, as well as COLETTE JAMES PHOTOGRAPHY (hereinafter the “COMPANY”) pages and accounts on Facebook®, LinkedIn®, Instagram®, and YouTube® and other applicable social media sites (collectively, referred to hereinafter as the “Sites”). Company owns and operates this website www.colettejamesphotography.com, its subdomains and affiliated sites, Sites, and services and products on this website. This agreement governs your relationship with Company. By using the Sites, purchasing, downloading and/or using the services or products as described herein, you are agreeing to the Terms and you agree to be bound by all Terms of Service without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, you shall discontinue use of Company’s products immediately.
The Terms contained on this page are subject to change at any time. While notice of modification to Terms will be sent to site users, it is your responsibility to check this page regularly to take notice of any changes we may have made to the Terms. Your continued use of a Site following any changes means you accept and agree to any changes.
“Products” referred to by these Terms include, but are not limited to: photography services, digital images, communications, workshops, webinars, group calls, blog posts and any other services provided for purchase or for which you supply personal information in exchange, including free downloaded material or other information available through www.colettejamesphotography.com. All such Products are the intellectual property of and are owned by Company.
NO RELATIONSHIP ESTABLISHED
Independently, use or access of Sites does not constitute a client relationship or related privileges. Content provided to users via Sites is solely for educational and general informational purposes regarding issues and ideas; content is not intended to be specific business advice for any individual user. Products and information available through www.colettejamesphotography.com or in e-mail newsletters do not constitute expert advice and no guarantee is made for such to be accurate, correct, complete, current, or beneficial for your purposes.
You agree that by using www.colettejamesphotography.com, Sites, and any Products for which you tender payment or otherwise obtain through Company, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
INTELLECTUAL PROPERTY
All images, text, designs, graphics, trademarks and service marks are owned by and property of COLETTE JAMES PHOTOGRAPHY, or the properly attributed party. Unless explicitly stated otherwise, the intellectual property rights in all software and content (including, but not limited to photographic images, contract templates, worksheets, articles, blog posts, logos, names, products, services, designs and other matters related to the Sites) made available to you on or through this website and Sites remain the property of Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. Company grants a single user, non-exclusive, non-transferable license to download, view, copy, display and print Products you purchase solely for your own personal use. You are not permitted to publish, manipulate, distribute, sell or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Sites but for the edits and additions necessary to complete the template forms for your personal use. You may not use such content in connection with any business or commercial enterprise.
But for the permissive usage stated herein, it is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
YOUR COMMUNICATIONS
Any communications made through the ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to Company’s phones or mailing or email addresses is not privileged or confidential and is subject to viewing and distribution by third parties. Company owns any and all communications displayed on its website, Sites, servers, comments, emails or other media as allowed by UNITED STATES law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how Company stores and uses your communications or any data provided by you in those communications, please refer to Company’s Privacy Policy on this page.
Company maintains a right to republish any submission in whole or in part as reasonably necessary in the course of its business. You agree not to submit any content or communications that may be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
NO WARRANTY
Company Sites, Products, and related materials are provided for educational and informational use only. Company provides general information for use to those who have chosen to view, purchase, download, or otherwise use the information provided by Company. While Company strives to keep its Products current, and accurate, Company cannot guarantee that all the information available at www.colettejamesphotography.com (including related domains and subdomains) or information provided in Products obtained from Company, is current and/or accurate at all times or in all areas. You expressly acknowledge and understand that any information or knowledge you gain as a result of using Sites is used at your own risk. If you observe any errors or omissions and would like to let us know, please contact us at danielle@colettejamesphotography.com.
While Company may reference certain results, outcomes or situations on Sites, you understand and acknowledge that Company makes no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of such statements or any other statements on this website or Sites. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, CPA and/or CFP, respectively. Company expressly disclaims any and all responsibility for actions or omissions you choose to make as a result of using Sites, Products, courses or the materials contained herein.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, its subdomains, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Sites or participation under this Agreement or your breach of the Terms.
AFFILIATES
Sites may use affiliate links to sell certain products or services. Company disclaims any and all liability as a result of your purchase through such links. Company will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website, Sites, and/or related communications.
REFUND POLICY
All Products and services are non-refundable and not returnable, under any circumstances. All sales are final.
TERMINATION
If at any time Company believes you have violated these Terms; Company shall immediately terminate your use of its Sites and any related communications as Company deems appropriate. It is within Company’s sole discretion to allow any user’s access of Sites and Company may revoke this access at any time without notice, and if necessary, block your IP address from further visits to Sites.
MAXIMUM DAMAGES
You agree that the maximum amount of damages you are entitled to in any claim relating to the tender of Products or otherwise related to Company, Sites, or Company affiliates and/or subsidiaries shall not exceed the Total Lump Sum Cost of the service or Product provided by Company.
SEVERABILITY
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the United States of America and the State of Texas, without giving effect to its conflict of laws. The nearest state and federal court to Harris County, Texas shall have exclusive jurisdiction over any case or controversy arising from or relating to the Products, Terms, and/or use of the Sites. By using the Products, you hereby submit to the personal and exclusive jurisdiction and venue of these courts.
CONSENT
By using our Sites, you hereby consent to our Terms and Conditions for Use.
CONTACT
If you have any questions about the nature of Company’s Products, services, or any of our terms or policies, please direct all questions to: danielle@colettejamesphotography.com.