our services and products are designed for adult users. therefore, we do not intentionally gather, utilize, or share information from individuals younger than 18 years of age, or the equivalent minimum age as determined by local regulations.
should we discover that we have unintentionally collected personal data from a minor, we will promptly take necessary actions to erase this data.
if you become aware that a child under 18 has provided us with their personal information, please inform us immediately.
we are committed to maintaining the accuracy, completeness, and currency of your data. you have the right to view, modify, or remove your personal data held by us.
furthermore, you can, at any point, limit or object to the continued handling of your information.
you are entitled to receive your data in a commonly used and structured format. you also have the option to lodge a complaint with the relevant data protection authority concerning how your personal data is being managed.
to safeguard the confidentiality and protection of your data, we might request verification details to confirm your identity and your right to access such data.
this also allows us to locate and supply you with the personal data we keep.
occasionally, legal or regulatory mandates might permit or require us to deny access to or deletion of some or all of the personal data in our possession.
you can reach out to us to exercise these rights. we will acknowledge your request within a reasonable timeframe, generally within 30 days.
when users follow links to websites of other entities linked to us, we are not responsible for their privacy policies.
our digital platforms may feature links to or enable access to websites, goods, or services provided by other parties. we hold no responsibility for the privacy practices these third parties employ, nor for the information or content featured in their offerings.
this privacy statement is specifically applicable to the data we obtain through our services and products.
we advise reviewing the privacy policies of any third-party providers before engaging with their platforms.
we implement reasonable technical, organizational, and physical security protocols to protect your data and prevent unauthorized access, ensuring proper use of the information we collect.
notwithstanding the foregoing, bernama assumes no obligations under this section 10 unless you provide bernama with written notification within ten (10) days of receiving any claim subject to indemnity, granting bernama the right to defend or control the defense of such claim.
in no case shall bernama have any obligation regarding claims covered under section 9 above.
your ability to access content does not automatically grant you the right to utilize that content. except where explicitly noted in the invoice or the specific content web page pertaining to the licensed content, the rights bestowed upon you by bernama do not include a license to, and bernama makes no promises or guarantees that it possesses or licenses any rights relating to or within any individuals, places, properties (real, personal, or of any nature), or subject matter represented in any content.
all content may be subject to copyrights, trademarks, publicity rights, moral rights, property rights, or other rights belonging to a third party.
you bear the sole responsibility for ascertaining whether your utilization of any content necessitates consent from another party or the licensing of extra rights. you should not depend solely on information provided by bernama.
you are exclusively responsible for acquiring any and all necessary releases and clearances, including, but not limited to, model releases and property releases.
if you are uncertain about whether further rights are needed for your use, you are accountable for consulting with competent legal counsel. no employee or representative of bernama is authorized to provide, and you shall not depend on, any representations or warranties apart from those explicitly stated herein.
you do not obtain, and shall not assert, any rights to trademarks, copyrights, or any other rights within the content itself beyond the specified end use.
unauthorized utilization of content constitutes infringement of copyright and other pertinent rights. bernama is entitled to exercise all rights and remedies available under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the unauthorized content utilization.
bernama, at its sole discretion, retains the right to invoice you, and you hereby consent to remit ten (10) times the license fee for any unauthorized usage.
this is in addition to any other fees, damages, and penalties bernama may be entitled to under this agreement and applicable law.
this may, as specified in the relevant invoice, involve a requirement to pay bernama a usage-based royalty and to furnish an accounting or other documentation verifying your content usage.
payment is required within thirty (30) days from the invoice date, or the date indicated on the invoice, whichever is earlier.
a late payment charge of one and one-half percent (1.5%) per month will be assessed on overdue amounts. any duplicate usage of footage, freeze frames, or slow-motion effects will be calculated based on the actual on-screen running time of the footage.
taxes: you are responsible for paying all applicable sales and use taxes.
if the cancellation notice is received more than seven (7) days after the order date, no cancellations will be accommodated, and you are obligated to pay the full invoice amount. for any cancellations processed, you are also responsible for settling all service charges, production fees, processing and handling fees, and shipping fees.
all licenses applicable to the cancellation will immediately terminate upon cancellation.
all cancellations are final. upon any termination, cancellation, or expiration of this agreement, neither you nor any other person or entity covered by the license granted to you under this agreement shall possess any further right to make any use of the content.
in the event such term is not included in the invoice or license agreement, you may be permitted to store a copy of the content for no longer than 30 days following the date you access such content.
upon the termination or expiration of your rights concerning a content element under an invoice or a license agreement, you agree to cease all use of such content and shall promptly delete or destroy any digital copies, except that you may retain one copy of the work you create incorporating the content solely as necessary for archival purposes.
protection of content: if the use of content is authorized on the internet or any other online or interactive media, you must exert your best efforts to safeguard the content to ensure it cannot be copied.
in the case of footage, you must also ensure it remains within the linear production for which it was licensed and cannot be searched by shot and downloaded in broadcast or substantially comparable quality.
if your licensed platform is a wireless device, then such images may not be displayed on the licensed platform at dimensions greater than 1.
receiving credit is a vital aspect of the agreement for bernama. in editorial uses of images, you consent to paying triple the invoice amount if you fail to provide appropriate credit and copyright notice.
for commercial applications, you commit to paying double the invoice amount if you neglect to include the credit outlined above when such crediting is customary and suitable.
concerning footage, you shall provide copyright attributions to bernama within the production and on-screen credits as detailed in the invoice, equivalent in all respects to any credit provided to other providers of comparable services.
the parties to this agreement affirm their intention that this agreement, as well as any related documents, including notices, have been and shall be drafted in the english language.
privacy policy: this page outlines our privacy policy, which encompasses the use and protection of any data you provide when accessing our website.
should you perform a transaction or send an email containing your private data, this information may be shared with other government bodies to offer public services more effectively and efficiently.
for instance, customer satisfaction surveys may require feedback via email from other agencies.
we collect your information during your use of our website, strictly for the purpose of facilitating photo business transactions. this privacy policy is exclusive to this site; you should always recognize that linked websites may have disparate privacy policies.
upon transitioning to another site, we advise that you review and comprehend the privacy statement of that site.
survival: sections 3, 4 a , 5, 6, 9, 11, 12, 13, and 15 - 27 shall remain in effect beyond termination or expiration of the agreement. miscellaneous: this agreement, along with any specified restrictions, constitutes the complete agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous communications.
if any provision of this agreement is deemed invalid or unenforceable, the remaining provisions of this agreement shall continue to be valid and enforceable according to its terms.
understanding your data privacy rights
navigating the digital world requires awareness of your rights regarding personal data.
here's a breakdown of the essential rights you possess and how to exercise them:
- right to access: you have the right to know what personal data a company holds about you. this includes the right to request a copy of your data and understand how it's being used.
- right to rectification: if your personal data is inaccurate or incomplete, you have the right to request that it be corrected or updated.
- right to erasure (right to be forgotten): in certain circumstances, you have the right to request that your personal data be deleted.
this applies when the data is no longer necessary for the purpose it was collected, you withdraw your consent, or the data has been unlawfully processed.
- right to restrict processing: you can limit how a company uses your data. this might be appropriate if you contest the accuracy of the data or believe it's being processed unlawfully, but you don't want it deleted.
- right to data portability: you have the right to receive your personal data in a structured, commonly used, and machine-readable format and transmit it to another controller.
- right to object: you can object to the processing of your personal data, particularly for direct marketing purposes or when the processing is based on legitimate interests.
- right to withdraw consent: if you've given consent for your data to be processed, you have the right to withdraw that consent at any time.
protecting children's data: a priority
special considerations apply when it comes to protecting the data of children.
it is crucial to implement robust safeguards to ensure their online safety and privacy:
- age verification: implement age verification measures to prevent the collection of data from children under the age of 18 (or the applicable age of consent in your jurisdiction).
- parental consent: obtain verifiable parental consent before collecting, using, or disclosing personal data from children.
- transparent privacy policies: provide clear and age-appropriate privacy policies that explain how children's data is collected, used, and protected.
- data minimization: collect only the minimum amount of personal data necessary from children.
- security measures: implement strong security measures to protect children's data from unauthorized access, use, or disclosure.
- monitoring and oversight: regularly monitor and oversee data processing activities involving children to ensure compliance with privacy regulations.
navigating third-party links and services
it's essential to exercise caution when interacting with third-party websites and services, as they operate under their own privacy policies and terms of service:
- review privacy policies: before providing any personal information to a third-party website or service, carefully review their privacy policy to understand how your data will be collected, used, and protected.
- be mindful of permissions: pay attention to the permissions you grant to third-party apps and services.
avoid granting access to data that isn't necessary for the functionality you're using.
- use strong passwords: create strong, unique passwords for all your online accounts, including those you use to access third-party services.
- enable two-factor authentication: whenever possible, enable two-factor authentication for added security.
- report suspicious activity: if you encounter any suspicious activity on a third-party website or service, report it to the provider immediately.
copyright and content usage: respecting intellectual property
understanding copyright law is crucial when using digital content.
here's a summary of key principles:
- copyright protection: copyright law protects original works of authorship, including text, images, music, and videos.
- exclusive rights: copyright owners have exclusive rights to reproduce, distribute, display, and create derivative works from their copyrighted material.
- fair use: fair use allows limited use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research.
- licensing: if you want to use copyrighted material beyond what's permitted under fair use, you'll need to obtain a license from the copyright owner.
- attribution: always give proper credit to the copyright owner when using their work, even if you have a license.
- avoid infringement: unauthorized use of copyrighted material can result in legal action and monetary damages.
best practices for ensuring data security
protecting your data requires a multi-faceted approach:
- strong passwords: use complex and unique passwords for every account.
consider using a password manager.
- two-factor authentication: enable two-factor authentication (2fa) wherever possible.
- software updates: keep your operating system, browser, and all software up to date.
- antivirus software: install and maintain reputable antivirus software.
- firewall: enable a firewall to protect your network from unauthorized access.
- secure browsing: use https websites and be wary of phishing attempts.
- data encryption: encrypt sensitive data, both in transit and at rest.
- regular backups: back up your data regularly to a secure location.
- employee training: train employees on data security best practices.
- incident response plan: have an incident response plan in place to address data breaches.
agreement terms: key provisions and legal considerations
understanding the terms and conditions of any agreement is critical to protecting your rights and avoiding potential disputes.
here's a breakdown of common provisions and legal considerations:
- scope of the agreement: the agreement should clearly define the scope of the work or services being provided.
- payment terms: the agreement should specify the payment terms, including the amount due, payment schedule, and acceptable payment methods.
- intellectual property: the agreement should address the ownership of intellectual property rights created during the project.
- confidentiality: the agreement should include confidentiality provisions to protect sensitive information.
- termination: the agreement should outline the conditions under which the agreement can be terminated.
- liability: the agreement should limit the liability of each party.
- governing law: the agreement should specify the governing law that will be used to interpret the agreement.
- dispute resolution: the agreement should outline the process for resolving disputes, such as mediation or arbitration.
- force majeure: the agreement should include a force majeure clause to excuse performance in the event of unforeseen circumstances.
- entire agreement: the agreement should state that it constitutes the entire agreement between the parties and supersedes all prior communications.
understanding invoice terms and late payment policies
paying invoices on time is crucial for maintaining good business relationships and avoiding late payment fees:
- due date: pay attention to the invoice due date and ensure payment is received by that date.
- payment methods: understand the acceptable payment methods and choose the one that's most convenient for you.
- late payment fees: be aware of any late payment fees that may be charged.
- dispute resolution: if you have a dispute regarding the invoice, contact the vendor immediately to resolve the issue.
- payment tracking: keep track of your payments and maintain records of all invoices and payments.
termination and expiration: understanding your rights
knowing your rights and obligations upon termination or expiration of an agreement is essential:
- notice period: understand the required notice period for termination.
- ongoing obligations: be aware of any ongoing obligations that survive termination, such as confidentiality.
- data retention: know your rights regarding data retention and deletion.
- intellectual property: understand the ownership of intellectual property rights upon termination.
- final payment: ensure all final payments are made and received.