Privacy Policy
Kept Memories (“we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use our photo/video slideshow services (the “Services”) or visit our website keptmemories.com. By using our Services, you agree to the practices described in this Privacy Policy. This policy complies with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).
#### 1. Information We Collect
We collect the following types of information:
a. Personal Information
– Contact Information: When you contact us to request our Services, we collect your name, email address, phone number, and any other information you provide.
– Payment Information: To process payments via direct deposit, we collect your bank account details or other payment information.
– Correspondence: If you communicate with us, we retain records of those communications.
b. User-Uploaded Content
– Photos and Videos: You upload photos and videos via Google Drive, OneDrive, or WeTransfer for us to create your slideshow. This content is used solely to provide the Services.
c. Automatically Collected Information
– We do not currently use cookies or similar tracking technologies on our website. If we implement such technologies, we will update this Privacy Policy and seek your consent where required.
#### 2. How We Use Your Information
We use your information to:
– Provide the Services, including creating and delivering your slideshow.
– Process payments via direct deposit.
– Communicate with you about your project, including updates and inquiries.
– Improve our Services based on customer feedback.
– Comply with legal obligations, such as tax reporting or responding to legal requests.
#### 3. How We Share Your Information
We do not sell or share your personal information with third parties except in the following cases:
– Service Providers: We use third-party platforms (e.g., Google Drive, OneDrive, WeTransfer) to receive your uploaded content. These providers are subject to their own privacy policies, and we ensure they meet reasonable security standards.
– Legal Compliance: We may disclose information if required by law (e.g., by a court order) or to protect our rights, safety, or property.
– Business Transfers: If Kept Memories is sold or merged, your information may be transferred as part of the transaction, subject to confidentiality obligations.
#### 4. Data Storage and Security
– Storage: Personal information and uploaded content are stored securely on our systems or third-party platforms (e.g., Google Drive, OneDrive, WeTransfer) in Australia or other jurisdictions, depending on the platform used.
– Retention: We retain personal information and uploaded content only for as long as necessary to complete your slideshow and fulfill legal obligations (e.g., tax records). Typically, uploaded photos/videos are deleted within 30 days after project completion unless you request otherwise.
– Security: We implement reasonable security measures, such as secure file transfer protocols and restricted access, to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
#### 5. Your Rights and Choices
Under the Australian Privacy Principles, you have the following rights:
– Access: You may request access to the personal information we hold about you.
– Correction: You may request corrections to inaccurate or incomplete information.
– Deletion: You may request deletion of your personal information, subject to legal retention requirements.
– Complaints: If you believe we have mishandled your information, you may lodge a complaint with us or the Office of the Australian Information Commissioner (OAIC).
To exercise these rights, contact us at admin@keptmemories.com. We will respond within a reasonable timeframe, typically within 30 days.
#### 6. International Data Transfers
If you upload content via third-party platforms (e.g., Google Drive, WeTransfer), your data may be transferred to servers outside Australia (e.g., the U.S.). These platforms comply with international data protection standards, but laws in other jurisdictions may differ from Australia’s. By using our Services, you consent to such transfers.
#### 7. Children’s Privacy
Our Services Angela’s Law applies to children under 16. We do not knowingly collect personal information from anyone under 16. If we discover such information has been collected, we will delete it promptly.
#### 8. Goods and Services Tax (GST)
All prices for our Services are inclusive of GST, as required by Australian tax law.
#### 9. Changes to This Privacy Policy
We may update this Privacy Policy to reflect changes in our practices or legal requirements. We will notify you of material changes by posting the updated policy on our website and updating the “Last Updated” date. Continued use of the Services constitutes acceptance of the updated policy.
#### 10. Contact Us
For questions, requests, or complaints about this Privacy Policy, contact us at:
– Email: admin@keptmemories.com
If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (www.oaic.gov.au).
Terms of Service
These Terms of Service (“Terms”) govern your use of the Kept Memories website keptmemories.com and our photo/video slideshow services (the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
#### 1. Eligibility
You must be at least 16 years old to use the Services. By using the Services, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.
#### 2. Services and Payment
– Description: The Services involve creating custom photo/video slideshows based on content you upload via Google Drive, OneDrive, or WeTransfer.
– Pricing: Prices are listed on our website and are inclusive of GST. You will receive an invoice detailing the cost.
– Payment: Payment must be made via direct deposit to our designated bank account before the final slideshow is delivered. We will provide banking details upon project confirmation.
– Refunds: Refunds are issued at our discretion within 7 days of payment, provided no work has commenced on your slideshow. No refunds are available after delivery of the final slideshow.
#### 3. User Content
– Ownership: You retain all ownership and intellectual property rights in the photos and videos you upload (“User Content”).
– License: By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process User Content solely to create and deliver your slideshow.
– Responsibility: You represent that you have the right to upload User Content and that it does not violate any laws or third-party rights (e.g., copyright, privacy).
– Prohibited Content: You may not upload content that is illegal, obscene, defamatory, or otherwise objectionable.
#### 4. Use of the Services
– Permitted Use: You may use the Services to create slideshows for personal or commercial purposes, subject to these Terms.
– Prohibited Conduct: You may not:
– Use the Services for any illegal or unauthorized purpose.
– Upload content that exceeds reasonable file size limits (as specified in project agreements).
– Attempt to access, disrupt, or reverse-engineer our systems.
– File Uploads: You must upload User Content via Google Drive, OneDrive, or WeTransfer as instructed. We are not responsible for issues arising from third-party platform failures.
#### 5. Intellectual Property
– Our Content: The Services, including our website and slideshow templates, are owned by Kept Memories and protected by Australian copyright and other laws. You may not copy, modify, or distribute our content without permission.
– Feedback: Any feedback you provide about the Services may be used by us without obligation to you.
#### 6. Delivery and Acceptance
– Delivery: The final slideshow will be delivered via a secure download link or as agreed upon, after full payment is received.
– Revisions: You may request reasonable revisions within 7 days of delivery, subject to additional fees for changes depending on your pricing plan.
– Acceptance: You are responsible for reviewing the slideshow upon delivery. Failure to report issues within 7 days constitutes acceptance.
#### 7. Termination
– By You: You may cancel your project before work commences, subject to our refund policy.
– By Us: We may terminate your project if you violate these Terms or fail to make payment, subject to reasonable notice.
– Effect of Termination: Upon termination, we will delete your User Content, subject to legal retention requirements.
#### 8. Disclaimers and Limitation of Liability
– No Warranties: The Services are provided “as is” without warranties of any kind, express or implied. We do not guarantee that slideshows will meet your expectations or that the Services will be error-free.
– Limitation of Liability: To the fullest extent permitted by Australian law, Kept Memories will not be liable for any indirect, incidental, or consequential damages (e.g., loss of data, profits) arising from your use of the Services. Our total liability will not exceed the amount you paid for the Services.
– Consumer Guarantees: Nothing in these Terms excludes or limits your rights under the Australian Consumer Law (ACL), including statutory guarantees for services (e.g., due care and skill).
#### 9. Indemnification
You agree to indemnify and hold Kept Memories, its affiliates, and employees harmless from any claims, losses, or damages arising from your use of the Services, your User Content, or your violation of these Terms.
#### 10. Governing Law and Dispute Resolution
– Governing Law: These Terms are governed by the laws of Victoria, Australia.
– Disputes: Any disputes arising from these Terms will first be addressed through good-faith negotiation. If unresolved, disputes will be referred to mediation in Melbourne, Victoria. If mediation fails, disputes will be resolved in the courts of Victoria, Australia.
#### 11. Changes to These Terms
We may update these Terms to reflect changes in our Services or legal requirements. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Continued use of the Services constitutes acceptance of the updated Terms.
#### 12. Miscellaneous
– Entire Agreement: These Terms, together with the Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Kept Memories.
– Severability: If any provision of these Terms is found invalid, the remaining provisions will remain in effect.
– No Waiver: Our failure to enforce any right or provision does not waive that right or provision.
– Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., internet outages, natural disasters).
#### 13. Contact Us
For questions about these Terms, contact us at:
– Email: admin@keptmemories.com