COOKIE COLLECTION & PRIVACY POLICY
EVERYTHING YOU NEED TO KNOW ABOUT HOW MY SITE COLLECTS & USES DATA, WHAT INFORMATION IT STORES & WHY WE ASK
WHAT KIND OF INFORMATION MY SITE COLLECTS
We (Wix.com & I) receive, collect and store any information you enter on our website forms, submissions, contact sheets, online shop, or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information, billing details and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page for the purposes of, but not limited to; legally required information collection for purposes of tax income records, analytics and website maintenance. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information) for the purpose of billing, comments, feedback, product reviews, recommendations, and personal profile information submitted into membership details.
HOW MY SITE COLLECTS INFO
When you conduct a transaction on our website or fill out a contact or submissions form, as part of the process, we collect the personal information you provide us such as your name, address, contact information, billing details and email address for the purposes of authenticating the buyer & purchase validity, responding to contact requests such as bug reports, technical difficulties, booking requests, send newsletters, downloads, estimates, etc, and . Your personal information will only be used for the specific reasons stated above in the context the initial consent was given.
Ex: If you sign up to be a Member and collect points with our rewards system Smile.io, we won't use your information to email you newsletters or studio updates unless you specifically sign up for that additional opt-in.
Our inboxes are crowded enough, we only send you what you ask for and use your information the way it is requested. You can withdraw your consent of information collection or provided by contacting us directly via email or the contact page and letting us know, or remove yourself from our mailing list at any time by hitting unsubscribe on your latest message.
HOW MY SITE STORES/USES/SHARES & DISCLOSES YOUR INFORMATION
My company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows me to sell my products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company (Stripe & Paypal) adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by my store and its service providers.
We will never sell your information. We will also never share your information with third-party providers outside of payment gateway providers ( which need your information to process your transaction, any other information will not be shared) unless legally required to do so in compliance with local regulations or law enforcement entities.
WHY WE COLLECT DATA & FOR WHAT PURPOSE?
We collect such Non-personal and Personal Information for the following purposes:
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To provide and operate the Services;
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To provide our Users with ongoing customer assistance and technical support;
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To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
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To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
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To comply with any applicable laws and regulations.
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To provide our customers with instantly downloadable resources and products directly to their provided email
WITHDRAWING CONSENT FOR COOKIE COLLECTION/ HOW TO REACH US
If you don't want us to process your data anymore you can withdraw your consent of information collection and information provided by contacting us directly via email or the contact page and letting us know, or remove yourself from our mailing list at any time by hitting unsubscribe on your latest message. You can email us directly at stoneandflintmedia@gmail.com or visit the contact page located in our menu above.
PRIVACY POLICY UPDATES
I reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, I will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
HOW I CONTACT YOU
We may contact you to notify you regarding your account, to troubleshoot problems with your account or purchase, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, free gifts, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, or text messages based on the information you provide us with.
STUDIO POLICIES & DISCLAIMERS
EVERYTHING YOU NEED TO KNOW ABOUT BOOKING YOUR SESSION, CANCELLATIONS, COVID, COMMERCIAL LICENCES AND MORE C WORDS...
BOOKING & RESERVING YOUR SESSION
To book your session send me a message from my CONTACT ME page available from the menu at the top of the page, or email me at stoneandflintmedia@gmail.com to book your free consultation and schedule your session date. A non-refundable, non-transferable, down payment of 25% of your session fee, studio booking fees (if any), along with your signed contract, are required to reserve your session time & day.
I understand life happens, especially now with COVID. All sessions are transferable to a later date up to 2x provided 24Hrs of written notice has been provided to the photographer (me). If a studio booking has been made with another retailer or provider I will do my best to reschedule with them but no guarantees can be made on the availability of second party providers.
CANCELLATION POLICY
If you are feeling unwell or have been in contact with someone who has tested positive for COVID-19, I respectfully request that you contact me at least 24hr before your session for rescheduling and transferring of your down payment/session payment to reserve a later date without penalty. Down payments are non-refundable and only transferable with 24hrs written notice prior to cancellation or rescheduling. If more of your fee has been paid past the 25% down payment and you wish to cancel your booking, you will be refunded any all amounts paid past the 25% down payment, minus any expenses incurred for the purpose of the session (specialty backdrop purchases, props, studio bookings, etc)
I cannot guarantee the availability or rescheduling of third party providers if studio or location bookings have been placed.
HMUA, WARDROBE AND TRAVEL BETWEEN LOCATIONS TIME DEDUCTIONS
The Session shall not be extended as a result of delays arising from hair, makeup, wardrobe changes, or travel between locations. Please book your session time accordingly.
LIMIT OF LIABILITY
In the unlikely event that the Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments minus the non-refundable down-payment, received for the session.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the session or a reshoot of the original session free of charge.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.
BOOKING A STUDIO SPACE
All clients have the option of booking a studio space of their choice to host their session if they do not wish to host in their place of business, at home, or shoot outdoors. I'm always happy to do a studio booking, sometimes the lighting and aesthetic are just perfect for a fashion shoot or product session somewhere else, and I'm here to help you express your love + brand in the way you see it best! Studio bookings are billed additionally to your session fee and due at time of booking to reserve the space. Studio bookings are not mandatory and at the discretion of the client.
TRAVEL
Local travel to/from sessions within the Kitchener-Waterloo Downtown/Uptown core is included in all session prices. Travel outside this area is subject to a standard travel fee of $1/km outside the drawn limits. Additionally, I offer flat rates to some common areas I work regularly. (see below for rates and fig. 1)
Looking for information on booking a destination Wedding or Elopement? I take clients all across Canada! Contact me via the contact page or email at stoneandflintmedia@gmail.com to get a custom quote, more information & a FREE consultation.
Flat Rates:
Galt - $35
Guelph - $45
Downtown Toronto - $75 (minimal gear) - $150 (full gear)
** Full Gear = Backdrops, rigging, lighting, and/or more than 15 lbs of props. **
PRINTS + CLIENT GALLERY SHOP
Now at Stone + Flint Co. you can easily order all kinds of photographic print products and gifts for your home + loved ones, from the convenience of your private client gallery. I'm super excited to announce that my client galleries now come with a smart enabled print shop so you can preview your favourite images as printed products right in the shop!
Now offering everything from greeting + announcement cards, fine art prints, matted frames, calendars, canvas prints and more! Our online store products are printed & shipped by GTA Imaging in Toronto, Ontario directly to your door. Some select albums printed by Dekora in BC.
INSTALLMENT PLANS
Installment payment plans are available for all sessions and can be broken up into up to 4 bi-weekly or monthly payments. You can reschedule any payment given 24 hrs of notice is provided. Failure to meet payment schedule without providing notice will result in a late fee of 5% of the total remaining balance, per day, until the payment is met or an alternate date arranged.
COMMERCIALLY LICENSED CONTENT FOR BRAND + BUSINESS
All my Brand + Business Contracts come with a grant to the Client of a fully paid-up, royalty free, non-exclusive, non-transferable, perpetual, irrevocable commercial license to use the photographs and graphic designs produced under these Agreements for commercial purposes, subject to the following rules and limitations;
Client may edit the photographs and/or create derivative works for the Client’s commercial use.
Client may not sub-license the photographs or graphic designs except to the extent the photograph or design is
sub-licensed to be used by a third party to promote: (1) Client’s business (e.g., in affiliate marketing or by a joint-venture partner), (2) Client’s appearance at an event (e.g., a live or virtual summit), or (3) Client’s appearance on the third-party’s platform (e.g., as a podcast guest, guest blogger, or video guest), or (4) Client’s staff and their roles in promoting & marketing Client’s Business.
The Client may use the photographs & graphic designs to create physical products for sale or promotion such as sales merchandise, trade show merchandise, print media etc. for any and all marketing purposes and needs of the Client.
The Client may not: (1) sell copies of the photographs to third-party sales & distributors, (2) enter the photographs into any contests without the photographers consent, (3) provide the photographs to be used as stock photos on third-party sales websites, (4) provide the photographs to any third-party to be used on social media except as allowed by the provision governing sub-licenses above.
The Client is not required to provide attribution or otherwise credit the Photographer in any way if they do not choose to, but Client may not falsely represent or imply that the photographs are attributable to anyone other than The Photographer. While attribution is not required, it is appreciated where appropriate. Should Client wish to credit the Photographer, the Client should do so in the following ways based on the platform being used:
On a Website:
Kit Stone - Stone + Flint Co. - stoneandflint.ca
On Facebook, Instagram, Pinterest & Tiktok:
Kit Stone - Stone + Flint Co. - www.facebook.com/stoneandflint
Photographer shall retain the copyrights to all photographs and other works created under these Agreements as per Ontario Federal Copyright Law. Photographer covenants and agrees not to sell, use or sub-license, or license any photographs produced under these agreements to any third parties for any reason.
PERSONAL PRINT RELEASES FOR LOVE + LIFESTYLE SESSIONS
All Love + Lifestyle Sessions come with a built in Limited License Print + Usage Release. I now offer beautiful high-quality printing right from your client gallery provided by GTA Imaging in Toronto, Ontario, but have no worries if you don't want to wait, you're more than welcome to take your High-Resolution Downloads into any Costco, Walmart, Blacks or other print studio for more immediate satisfaction. Print as many of your downloads as often as you would like and send prints, greeting cards, posters and more to any and all of your extended family worry free.
The Client may distribute and print their final images without limit. You may not however sub-license the photographs or graphic designs for any project, except for the use of sharing on social media between family and friends. The Client may not use the photographs & graphic designs to create physical products for sale or promotion such as sales merchandise, trade show merchandise, physical, or digital products, etc. or for any marketing purposes or business needs of the Client. No reproduction is permitted without the photographer's written authorization.
The Client may not: (1) sell copies of the photographs to third-party sales & distributors, (2) enter the photographs into any contests, (3) provide the photographs to be used as stock photos on third-party sales websites, (4) provide the photographs to any third-party to be used on social media except as allowed by the provision governing sub-licenses above.
The Client is not required to provide attribution or otherwise credit the Photographer in any way if they do not choose to, but Client may not falsely represent or imply that the photographs are attributable to anyone other than The Photographer. While attribution is not required, it is appreciated where appropriate. Should Client wish to credit the Photographer, the Client should do so in the following ways based on the platform being used:
On a Website:
Kit Stone - Stone + Flint Co. - stoneandflint.ca
On Facebook, Instagram, Pinterest & Tiktok:
Kit Stone - Stone + Flint Co. - www.facebook.com/stoneandflint
Photographer shall retain the copyrights to all photographs and other works created under these Agreements as per Ontario Federal Copyright Law. Photographer covenants and agrees not to sell, use or sub-license, or license any photographs produced under these agreements to any third parties for any reason.
CONTRACTS + MODEL RELEASES
A signed and dated contract is required prior to the start of any and all work and will be emailed to the client(s) following the standard consultation process along with the invoice of services. Contracts will be explained & provided to you during your initial or second round of consultation. A signed model release will be required prior to your session, alongside your signed contract.
Any businesses booking models for brand sessions, product sessions, catalogues, etc, will be required to obtain a signed and dated copy of the model release from each model present at the session prior to the start of work. Any model under the age of 18 will be required to have a legal parent or guardian sign alongside them for consent of use of shared images under Ontario Law. Furthermore, the Photographer requests the presence of a legal parent or guardian for any minor under the age of 16 to be present at time of session.
SAFE SPACES & HARASSMENT POLICY
I pride myself in keeping all sessions a safe space for my community + others to feel strong, beautiful & empowered by their individuality and personality. There is a no tolerance policy for harassment of any kind in session or on location to the client(s), the photographer, bystanders, and any other individuals involved. This includes the use of derogatory or sexist language, slurs, hate speech, etc. Should any space be deemed unwelcome to the photographer and/or the clients, both parties agree to reschedule/relocate the session without penalty for the safety + comfort of everyone.
Everyone deserves to feel empowered during their session without fear of judgement, uncomfortable comments or any other kind of unwelcome energy, and it's my top priority in every session that the clients have an amazing experience and leave feeling comfortable, beautiful and excited to see their final product.
This is a safe space for and I welcome :
Womxn Empowered Brands + Businesses
the LGBTQIA+ Community
the BIPOC Community
Polyamorous Triads, Lovers and Groups
Dancers, Models, and SW of other kinds
The Kink Community
and more...
RESERVED RIGHTS
The Photographer reserves the right to make updates and amendments to the prices of listed services, along with service availability and offerings, at any time without notice. Any clients with booked sessions already in place and down payments processed will be billed at the rate listed at time of booking.
Just as the harassment of the Client(s) will not be tolerated, harassment of the Photographer will not be tolerated either. The Photographer reserves the right to leave any session or event without remuneration of payment should the Photographer feel they are threatened or endangered by a guest of an event or client in any way. Delivery of goods will be limited to whatever content was captured up to the time of harassment or endangerment of the photographer.
PLAGARISM + COPYRIGHT OWNERSHIP AND INFRINGEMENT
Photographer shall retain the copyrights to all photographs and other works created under these Agreements as per Ontario Federal Copyright Law. It is at the Client's discretion whether the Photographer may use the photographs to promote the Photographer’s business and to include the photographs in Photographer’s portfolio, on Photographer’s website, social and in any other promotional material created by Photographer. The Client can designate their choice in this matter when filling out the contract. Payment of session funds covers the services provided by the Photographer on the day of session, post production and edition, equipment use fees, private online client gallery and smart enabled shop and depending on session booking Personal or Commercial Print and Usage rights.
Copyright infringement occurs when a person uses content protected by copyright in a way that violates rights granted in the Copyright Act, for example by copying or communicating to the public a copyrighted work (all or a substantial part of it) without authorization from the owner of the copyright.
There are 2 types of infringement:
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Direct or primary infringement. This type of infringement includes doing anything that only the owner of the copyright has the exclusive right to do, for example, copying a work or communicating to the public a sound recording without the copyright owner's consent. Direct infringement can occur even if the infringer does not realize that copying the work infringes someone else's copyright.
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Indirect or secondary infringement. This type of infringement takes place when someone knows (or should have known) that a work or content infringes someone else's copyright and sells, rents out, distributes or imports the work or content without the owner's consent.
Only a court of law can rule whether infringement of copyright has occurred. If a court finds that infringement has occurred, the guilty person could be liable to pay damages to the copyright owner.
“Copyright infringement is simply any infringement up on the rights of a copyright holder. Copyright law gives a copyright holder (usually the creator of the work) a set of rights that they and they alone can exploit legally (save for exceptions such as fair use)” (Bailey, 2013). Those include:
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The right to reproduce/copy a work.
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The right to create version of a work based upon another work.
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The right to distribute copies of a work to the public.
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The right to publicly display or perform a work.
“This means a wide variety of activities can be copyright infringing including performing a copyrighted play without permission, writing an unauthorized sequel to a work or simply making copies of the work” (Bailey, 2013).
Basically, copyright infringement, under the law, covers many unlawful activities that violate the rights of copyright holders. Copyright infringement is constructed under law as plagiarism is constructed under ethics. Plagiarism is essentially taking someone else’s work and presenting it as your own.
“The definition of ‘work’ can include a variety of things including ideas, words, images, etc. Anything that is seen as an unethical and unattributed use of another’s original creation can be defined as plagiarism” (Bailey, 2013).
To learn more about Ontario Photographic Copyright laws click here
To learn more about Infringement of Copyrighted Materials in Canada click here
SAVE 30%OFF YOUR SESSION BOOKING TIME FOR FIRST-TIME CLIENTS, AND 2SLGBTQIA+ BRANDS & BEAUTIES
Hi there! Is it your first time booking a personalized photography session for yourself, your partnership or your business? Let me help you dip your toe into the world of beautifully authentic and wildly passionate content created specifically to tell your love story with 30% off any session booking on all remaining session openings in 2022. Offer valid on all remaining session opening in 2022. Offer does not include discounts on studio bookings.
UNLOCK UNLIMITED DOWNLOADS ON THE REST OF MY 2022 OPENINGS WHEN YOU LEAVE A REVIEW FROM THE CLIENT GALLERY
You read that right, for a limited time snag unlimited downloads on any session when you leave a review or testimonial from your Client Gallery! Offer valid on all remaining session openings until 31/12/2022
SHOP POLICIES
EVERYTHING YOU NEED TO KNOW ABOUT OUR PRODUCTS,
SHOP & RETURN POLICIES
USER LICENSE AGREEMENT
You may not sell, rent, bundle, distribute with other products or materials, lease, sublicense, lend , give, or transfer any versions, subsequent edits, or copies of this product for any reasons. All products provided in our shop are protected by copywrite, any party found in breach of this agreement will be considered infringers & will be prosecuted to the fullest extent of the law.
You are welcome to use, create subsequent versions and edit the original purchased content without limit for the purpose of personal use, use on commercially shared content, personal and commercially shared portfolios, social media, web-use and more, so long as the original product itself is not shared, sold, rented, distributed, gifted, etc.
RETURN POLICY
Presets are an instant download digital product, we do not provide refunds post-purchase. This is the industry standard. If you are having problems loading your purchase please email us at stoneandflintmedia@gmail.com or try troubleshooting via the included READ ME pdf document.
Did you know I now offer a fully integrated print experience? Not just for my happy brands and lovers, but for YOU too! Shop the work I love to shoot but haven't had anywhere to share. Available in a variety of sizes in Matte or Fine Art prints, fulfilled and shipped from GTA imaging in Toronto, Ont.
