|
Terms and Conditions agreement Including Privacy Policy for Hoofprints Photo Last Update: July 21, 2010:
This Privacy Policy applies to all European Union countries except Austria, Belgium, France, Germany, Italy, Netherlands, Poland, Spain and the Vatican City. The Privacy Policy below governs your Hoofprints transaction or account and any information you provide on this site. 1. CopyrightThe photos posted in the Image Showcases are for viewing purposes only. Copying, downloading or using the photo in any manner without written permission from the photographer is prohibited and a copyright violation. This also applies to hardcopies purchased and may not be used in any social networking, advertisement or any other transmission. Licenses for use can be purchased online or by contacting Hoofprints. Copyright infringements are unlawful and will be pursued vigorously. Fines will be imposed on inevitable discovery and you agree to pay same.2. OverviewIn order to operate the Hoofprints service and to reduce
the risk of fraud, Hoofprints ("www.Hoofprints.ie" or "we"),
the data controller, must ask you to provide us information
about yourself and your credit or debit card and/or bank
account. This is transmitted by a secure portal to the
Merchant Services provider Elavon or Paypal. We do not hold
any of this information on file but is remitted
automatically through the secure payment providers portals.
These Terms & Conditions should be read in conjunction with
your normal card payment provider, and Paypal. By consenting
to, and agreeing the terms of, the Privacy Policy, you also
expressly consent and agree to us processing your data in
the manner set out in the Privacy Policy. This Privacy
Policy describes the information we collect and how we use
that information. Hoofprints takes the privacy of your
personal information very seriously and will use your
information only in accordance with the terms of this
Privacy Policy. We will not sell or rent your personally
identifiable information or a list of our customers to third
parties. However, in order for us to offer our services to
our users; to enhance the quality of its service from time
to time; and to protect the interests of our users, we will
in limited circumstances and as further described in more
detail throughout this policy, share some of your
information with third parties under strict restrictions. It
is important for you to review this Privacy Policy. This
Privacy Policy applies to all services that are hosted on
the Hoofprints website. PRIVACY STATEMENT OF HOOFPRINTS.IEIf users have any questions or suggestions regarding our privacy policy, please contact: Donal O'Beirne Information Collection Hoofprints.ie is the sole owner of the information collected on Hoofprints.ie other than credit card information which goes directly to our payment processing partner Elavon.com (Customer Service: +353 1850 20 21 20), Romancart, Realex payments or PayPal.com (help@paypal.com). Order We request information from the user on the Romancart or PayPal Shopping Carts order forms. A user must provide contact information (such as name, email & phone) and financial information (such as credit card number & expiration date). This information is used for billing purposes and to fill customer's orders. Sharing Legal Disclaimer Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. Aggregate Information (non-personally identifiable) We do not share aggregated demographic information with any partners or advertisers. Third Party Advertisers We do not use any banner or other advertising on the sites. Third Party Intermediaries We use an outside company for credit card processing companies (Elavon or PayPal) to collect money from customer's credit cards or debit cards. This company does not automatically retain, share, store or use personally identifiable information for any secondary purposes. Links This Web site contains links to other sites. Please be aware that we, Hoofprints.ie, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our sites and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by these web sites. Security This Web site takes every precaution to protect our users' information. When users submit sensitive information via the Web sites, their information is protected both online and off-line. When the Roman cart or PayPal Shopping Cart asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as the PayPal Shopping Cart, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Finally, the servers that store personally identifiable information are in a secure environment, in a locked world class facility. If users have any questions about the security at our Web sites, users can send an email to info@hoofprints.ie. Supplementation of Information We do not supplement the information we receive with information from 3rd party sources. Purchasing History We do not combine any information that we collect with any third party. Enhancement of Marketing Profile We do not purchase third party marketing data. Notification of Changes If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. This policy may be revised over time as new features are added to the Hoofprints service or as we incorporate suggestions from our customers. We may amend this Privacy Policy at any time by posting a revised version on our web site. The revised version will be effective at the time we post it. In addition, if we propose to change this Privacy Policy in a substantial manner, we will provide you with at least 30 days' prior notice of such a change by posting notice on the "Policy Updates" on our website(s). After this 30 days notice, you will be considered as having expressly consented to all amendments to the Privacy Policy. If you disagree with the terms of this Privacy Policy, you may close your account at any time. Please check the Hoofprints website at https://www.Hoofprints.ie at any time for the most current version of our Privacy Policy. Some pages on the Hoofprints website include links to third party websites. These sites are governed by their own privacy statements, and Hoofprints is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party websites should review the privacy statement of these sites before providing them with personally identifiable information.
3. Information We CollectRequired Information To open a Hoofprints account or transact, you may need to provide your name, address, phone number, and email address. In order to make certain payments through Hoofprints, you must provide credit card, debit card or bank account information. We may also ask you to choose two different security questions to answer (such as your city of birth or your pet's name). This required information may be necessary for us to process transactions, issue a new password if you forget or lose your password, protect you against credit card fraud and current account fraud, and to contact you should the need arise in administering your account. We may also require other commercial and/or identification information if you send or receive certain high-value transactions or high overall payment volumes through Hoofprints. Transaction Information We may also collect the Internet address (IP address) and other identifying information about the computer or device you use to access your Hoofprints account, in order to help detect possible instances of unauthorised transactions. Information about You from Third Parties In order to protect all our customers against potential fraud, we verify the information you provide with bank processors. In the course of such verification, we may receive personally identifiable information about you from such services through a secure portal. In particular, if you register a credit card or debit card with Hoofprints, we will use card authorisation and fraud screening services to verify that your card information and address match the information that you supplied to Hoofprints, and that the card has not been reported as lost or stolen. If you send or receive high overall payment volumes through Hoofprints, in some circumstances we may conduct a background check on your business by obtaining information about you and your business from a credit bureau or a business information service such as Dun & Bradstreet. If you owe us money, we may conduct a credit check on you by obtaining additional information about you from a credit bureau, to the extent permitted by law. Hoofprints, at its sole discretion, also reserves the right periodically to retrieve and review a business and/or consumer credit report supplied by such credit bureau for any account, and reserves the right to close an account based on information obtained during this credit review process. Additional Verification If we cannot verify the information that you provide, or if you request a withdrawal by cheque to an address other than your verified credit card billing address, we ask you to send us additional information by fax (such as your driving licence, credit card statement, and/or a recent utility bill or other information linking you to the applicable address), or to answer additional questions online to help verify your information. Customer Service Correspondence If you send us correspondence, including emails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from Hoofprints to you. We retain these records in order to keep records of our relationship, to measure and improve our customer service, and to investigate potential fraud and violations of our User Agreement. We may, over time, delete these records if permitted by law. Questionnaires, Surveys and Profile Data From time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire. Non-member Recipients and Requests When a member either sends a payment to, or requests a payment from, an individual who is not a registered member of Hoofprints, we will retain the information that the member submits to us, including, for example, the other party's email address, Skype ID (if applicable), phone number and/or name, for the benefit of the member who is attempting to contact the non-member, so that the member can see a complete record of his or her transactions, including uncompleted transactions. Although this information is stored indefinitely, we will not market to the non-member in any way at any time. Additionally, these non-members have the same rights to access and correct information about themselves (assuming that their detail(s) were correct enough to reach them) as anyone else who uses Hoofprints.
4. Our Use and Disclosure of InformationInternal Uses We collect, store and process your personal information on servers located in the Ireland. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to: provide the services and customer support you request; resolve disputes, collect fees, and troubleshoot problems; prevent potentially prohibited or illegal activities, and enforce our User Agreement; customise, measure, and improve our services and the content and layout of our website; tell you about targeted marketing, service updates, and promotional offers based on the communication preferences you have defined for your Hoofprints account (please refer to the section Our contacts with Hoofprints customers below); compare information for accuracy, and verify it with third parties. Disclosure to Third Party Merchants We work with third party merchants to enable them to accept payments from you using Hoofprints. In doing so, a merchant may share information about you with us such as your email address when you are attempting to pay that merchant. We may use this information to confirm to that merchant that you are a Hoofprints customer and that the merchant should enable Hoofprints as a form of payment for your purchase. Also, if you request that we validate your status as a Hoofprints customer with a third party, we will do so. Please note that merchants you buy from and contract with have their privacy policies, and Hoofprints may not be held responsible for their operations, including, but not limited to, their information practices. By accepting this Privacy Policy, you expressly agree that each time you pay or attempt to pay another Hoofprints customer or a third party merchant by using your Hoofprints account, Hoofprints may then transfer the aforementioned relevant data to the other Hoofprints customer or to the third party merchant, who may be located outside the European Union, in order to process, execute or otherwise deal and provide information about the payment. Disclosure to Third Parties Other Than Hoofprints Customers Hoofprints will not sell or rent any of your personally identifiable information to third parties, and will only disclose this information in the limited circumstances and for the purposes described in this policy. This includes transfers of data to non-EU member states. Specifically, you consent to and direct Hoofprints to do any and all of the following: Disclose information including, without limitation, transaction, account information, personal details and the contents of communications to the police, security forces, competent governmental, intergovernmental or supranational bodies, competent agencies (other than tax related authorities), departments or regulatory, self-regulatory authorities or organisations (including, without limitation, the Agencies set out in the table under the heading "Agencies" below) or other third parties that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity or potential illegal activity, or to conduct investigations of violations of our User Agreement. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering. Please contact us on the details set out at the end of this privacy policy if you want to receive further details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Disclose information in response to requirements of civil or criminal legal process. Disclose information to the "Category" of third parties listed in the table below. The purpose of this disclosure is to allow us to provide our service to you. We also set out in the table below, under each "Category", non-exclusive examples of the actual third parties we currently disclose your account information, together with the purpose of doing so, and the actual information we disclose (these third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information was shared). Category Party Name and jurisdiction (in brackets) Purpose Data disclosed Payment processors Elavon.com, PayPal.com, Realex.com and Romancart.com Our Contacts with Hoofprints Customers We communicate with users on a regular basis via email to provide requested services, and we also communicate by phone to resolve customer complaints or claims made by users via Hoofprints, respond to requests for customer service, inform you if we believe your account or any of your transactions have been used for an illegitimate purpose, confirm information concerning your identity, business or account activity, carry out collection activities, conduct customer surveys or investigate suspicious transactions. We use your email or physical address to confirm your opening of a Hoofprints account, to send you notice of payments that you send or receive through Hoofprints (including referral payments described below), to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. We also use your email address to send you other types of communications that you can control, including the Hoofprints Periodical newsletter, auction tips, customer surveys and notice of special third-party promotions. You can choose whether to receive some, all or none of these communications when you complete the registration process, or at any time thereafter, by logging in to your account on the Hoofprints website and changing your preferences in the Profile page of the My Account tab. Your Use of Information and Our Services By entering into our User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the site or through a Hoofprints-related communication or Hoofprints-facilitated transaction, you will only use this information for: (a) Hoofprints-related communications that are not unsolicited commercial messages, (b) using services offered through Hoofprints (e.g. insurance, delivery and fraud complaints), and (c) any other purpose that such user consents to after adequate disclosure of the purpose(s). In all cases, you must provide users with the opportunity to remove them from your database and review any information you have collected about them. More generally, you must comply with all applicable privacy regulations, in particular as they relate to the sending of marketing emails. Hoofprints does not tolerate spam. We strictly enforce our Anti-Spam Policy. To report Hoofprints-related spam to Hoofprints, please contact us.
5. Information SecurityHoofprints is committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities. For more information on Hoofprints' security practices, please visit the Hoofprints Security Centre. The security of your Hoofprints account also relies on your protection of your Hoofprints password. You may not share your Hoofprints password with anyone. Hoofprints representatives will never ask you for your password, so any email or other communication requesting your password should be treated as unauthorised and suspicious and forwarded to spoof@Hoofprints.ie . If you do share your Hoofprints password with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at and changing your Profile settings, and also contact us right away as described below.
6. Accessing and Changing Your InformationYou can request the personal information you provided us and make any desired changes to such information, for your Hoofprints account, at any time by contacting us by email or in writing. You can also close your account. If you close your Hoofprints account, we will mark your account in our database as "Closed," but will keep your account information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account. However, if you close your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law. 7. Accountability
Our privacy office is responsible for ensuring that our
day-to-day procedures comply with this Privacy Policy. If
you want to exercise your right to access your information
or have any questions about this privacy statement,
Hoofprints' information practices, or your dealings with
Hoofprints, you can contact us by email, or by calling the
customer service number located on our website, or by
writing to us as per “contact us” section of the website. 8. Refund and Return PolicyOur Policy is to provide a customer a refund on acceptance by credit/debit card or Paypal or within a week of receipt of a written request of refund. Customers have a week from receipt to return product and request refund for physical goods that have been damaged by Hoofprints or are not of merchantable quality having left studio. You may need to allow up to 28 days for delivery of a refund by mail but we endeavour to refund immediately on agreement of refund. You have the right to contest refunds with Hoofprints.ie, Your Credit Card Provider and Paypal.com N.B. - Emailed softcopy, downloaded or electronic copies of photography cannot be refunded however as due to their nature is an authority to use the item under license and the “negative” is given to you under license. Please be aware of this before requesting electronic copies.9. Delivery Methods and timing
We endeavour to deliver orders taken online, by phone or
mail order within 7 working days of receipt of payment by
standard mail. Please however allow up to 28 days for
delivery as the maximum delivery timeframe. -------------------------------------------------------------------------------- Copyright © 2002-2010 Hoofprints. All rights reserved. |
|