At the core of our operations lies a deep commitment to safeguarding your personal information and ensuring a transparent, secure environment for all our users. This document outlines our comprehensive approach to data protection, detailing how we collect, utilize, and secure your personal data.
Furthermore, it sets forth the critical terms and conditions governing the use of our services and content, clarifying the rights and responsibilities of both parties. By engaging with our platform and utilizing our offerings, you agree to these foundational principles and operational guidelines, which are meticulously crafted to foster trust and ensure clarity in every interaction.
Our dedication to your privacy and data protection
We recognize the paramount importance of your privacy in today's digital landscape.
Personal information, for the purposes of this policy, encompasses any data that can directly or indirectly lead to your identification. This definition extends to anonymous data that, when linked with other information, could serve to identify you. Conversely, data that has undergone irreversible anonymization or aggregation, making it impossible to identify you either alone or in conjunction with other data, falls outside the scope of personal information.
Our data handling practices are built upon a foundation of key principles: legality, legitimacy, and transparency.
We commit to collecting and processing only the minimum amount of data necessary, ensuring that all activities remain within clearly defined purposes. Moreover, we employ robust technical and administrative measures to proactively protect your data against unauthorized access, disclosure, alteration, or destruction.
Our primary objective in processing personal data is to enhance the safety and security of our products and services. This includes verifying user accounts and activities, meticulously monitoring for fraudulent behaviors, and thoroughly investigating any suspicious or potentially illicit activities, as well as any violations of our established terms or policies.
This vigilant approach is driven by our legitimate interest in maintaining a secure and trustworthy environment for everyone.
The collection and utilization of your personal data serve multiple critical functions aimed at improving your overall experience.
Broadly, we leverage this information to continually enhance, develop, and provide our diverse range of products and services. It facilitates effective communication with you, enabling us to deliver relevant updates, support, and information. Furthermore, personal data plays a role in tailoring advertising and services specifically to your interests, ensuring a more personalized and valuable experience.
Crucially, it also enables us to protect our interests and those of our valued customers against potential threats.
Beyond the direct information you provide, we employ various technologies to gather data that helps us understand and improve our services.
These include data stored within your web browser or on your device, unique identifiers associated with your device, and other software-based tools. These technologies are utilized for purposes similar to those described above, contributing to a more seamless, secure, and personalized user experience.
Collaborative data sharing for enhanced services
To further enrich our product offerings and improve the services we provide, we may share certain personal data with strategic partners.
These partners collaborate with us in delivering our products and services or assist in our marketing endeavors to reach new customers. It is imperative to understand that we engage in such data sharing exclusively for the purpose of improving our products, services, and advertising.
We uphold a strict policy: we will never share your personal data with third parties for their independent marketing objectives without first obtaining your explicit and prior consent. Your control over your data remains a top priority.
Protecting minors: our commitment to children's privacy
Our products and services are specifically designed and intended for use by adults.
Consequently, we maintain a strict policy against knowingly collecting, using, or disclosing personal data from children under the age of 18, or the equivalent minimum age mandated by local jurisdiction. Should we become aware that we have inadvertently collected personal data from a child below this specified age, we are committed to taking immediate steps to delete that data from our systems as quickly as possible.
If you have reason to believe that a child under 18 has provided us with their personal information, we urge you to contact us without delay, so we can address the situation promptly and responsibly.
Your rights regarding personal data
We are dedicated to ensuring that your personal data is accurate, complete, and consistently up-to-date.
In line with this commitment, you possess fundamental rights concerning the personal information we hold about you. You have the explicit right to access the personal data we collect, to request corrections for any inaccuracies, or to demand the deletion of such data.
Furthermore, you are empowered to restrict or object to the continued processing of your data at any time. We encourage you to exercise these rights to maintain control over your digital footprint and ensure the integrity of your information within our systems.
Terms governing content usage and intellectual property
The content provided through our platform, whether text, images, footage, or any other media, is protected by copyright and other applicable intellectual property laws.
Unauthorized use of this content constitutes a direct infringement of these rights, entitling the content provider (referred to herein as "BERNAMA") to pursue all available legal remedies and rights under relevant copyright and other statutes. These remedies include, but are not limited to, seeking monetary damages against any individuals or entities found to be users or beneficiaries of such unauthorized content use.
BERNAMA, at its sole discretion, reserves the unequivocal right to invoice you for any unauthorized usage.
By agreeing to these terms, you expressly acknowledge and consent to pay a penalty equivalent to ten times the standard license fee for any unauthorized use of content. This charge will be levied in addition to any other fees, damages, or penalties that BERNAMA may legally be entitled to under this Agreement and applicable law.
This provision underscores the serious implications of using copyrighted material without proper authorization.
In certain circumstances, as detailed in the applicable invoice, this may include an obligation to pay BERNAMA a royalty based on your actual use of the content.
You may also be required to submit detailed accounting records or other documentation verifying your specific usage.
Such transparency ensures fair compensation for the intellectual property utilized.
Payment terms and conditions
Payment for licensed content is due within thirty (30) days from the date the applicable invoice is issued, or by the specific date stipulated in the invoice, whichever occurs first.
Timely payment is crucial for maintaining your license and avoiding additional charges. A late payment charge of one and one-half percent (1.5%) per month will be applied to any outstanding balance that is not settled by its due date. This late fee is calculated to compensate for administrative costs and the delay in receiving funds.
For any footage licensed, duplicate usage, including freeze frames or slow motion, will be meticulously calculated based on the actual on-screen running time of the footage.
This precise measurement ensures that usage is accurately accounted for and billed. Furthermore, you bear sole responsibility for the payment of all applicable sales and use taxes, as required by law. These taxes are an additional charge separate from the licensing fees.
Cancellation policy for content licenses
Our cancellation policy is structured to ensure fairness while accounting for administrative and operational costs.
If a cancellation notice for a content license is received more than seven (7) days prior to the agreed-upon start date or delivery, a cancellation may be processed. However, if the cancellation notice is received less than seven (7) days, no cancellations will be accepted, and you will remain fully responsible for and must pay the entire amount specified in the invoice.
In the event of any cancellation, you are also liable for and must pay any and all service charges, production fees, processing and handling fees, and shipping fees incurred. All licenses applicable to the cancelled content shall immediately terminate upon the effective date of cancellation, meaning you lose all rights to use that specific content.
Please note that all cancellations are considered final and irrevocable.
Upon any termination, cancellation, or expiration of this Agreement, or of specific rights related to a content element, neither you nor any other person or entity covered by the license granted to you under this Agreement shall retain any further right to make any use of the content whatsoever.
Your rights to the content cease definitively at this point. In instances where a specific retention term is not explicitly included in the invoice or license agreement, you may be permitted to store a single copy of the content for a period not exceeding 30 days following the date you first accessed such content.
This limited retention is solely for internal verification or archival purposes.
Upon the termination or expiration of your usage rights for a content element under an invoice or a license agreement, you unequivocally agree to cease all use of that content.
You shall promptly delete or destroy all digital copies of the content, with the sole exception that you may retain one copy of the final work you created that incorporates the content. This single copy is permitted strictly for necessary archival purposes, ensuring you have a record of your finished project without maintaining unauthorized access to the original licensed material.
Protecting content in online environments
If the use of content is permitted on the internet or any other online or interactive media, you are obligated to exert your utmost efforts to protect that content.
This includes implementing measures to ensure it cannot be easily copied, reproduced, or downloaded without authorization. In the specific case of footage, you must ensure it remains an integral part of the linear production for which it was licensed, preventing it from being isolated, searched by shot, or downloaded in broadcast or substantially comparable quality.
This stringent protection is vital to preserving the intellectual property rights of the content creator.
For images displayed on a wireless device as part of your licensed platform, such images may not be displayed at dimensions greater than 1.5 megapixels.
This limitation is in place to control the quality and potential for unauthorized reproduction of the images in a mobile context.
Attribution and credit requirements
Providing proper credit is a material and fundamental aspect of this Agreement for BERNAMA, acknowledging the source of the intellectual property.
For editorial uses of images, you explicitly agree to pay a penalty of triple the invoice amount if you fail to provide the required proper credit and copyright notice. This significant penalty underscores the importance of attribution in editorial contexts.
In the case of commercial uses, your failure to include the described credit, particularly when such crediting is customary and appropriate within the industry, will result in an agreement to pay double the original invoice amount.
This ensures that even in commercial settings, proper recognition is given where expected.
For footage, you are required to provide copyright attributions to BERNAMA within the production itself, as well as clear on-screen credits precisely as specified in the invoice.
These credits must be equal in all respects to any credit accorded to other providers of comparable services. This ensures consistent and fair recognition for all contributors to the work.
General legal provisions and agreement terms
Both parties hereby affirm their mutual wish that this Agreement, along with any other related documents, including all official notices, has been and shall continue to be drafted solely in the English language.
This ensures clarity and consistency in legal interpretation.
Privacy policy statement
This section serves to elaborate on our privacy policy, detailing the methods for the usage and comprehensive protection of any information you furnish us with during your visits to our website.
It is designed to provide you with a clear understanding of our data handling practices and your rights.
Should you engage in a transaction or transmit an email containing your private information, it is important to note that this information may, under specific circumstances, be shared with other governmental agencies.
This sharing occurs strictly for the purpose of delivering more effective and efficient public services. For instance, customer satisfaction surveys often necessitate feedback through email from various agencies to enhance service quality. Please be aware that this privacy policy pertains exclusively to this particular website.
Linked sites, which you may navigate to from our platform, may operate under their own distinct privacy policies. Therefore, whenever you transition to an external site, we strongly recommend that you diligently read and thoroughly understand its individual privacy statement to be fully informed of their data practices.
We collect your information specifically when you interact with our website, and this collection is solely for the purpose of facilitating the photo business transaction.
We do not gather data for unrelated reasons. It is crucial to remember that our commitment to your privacy extends only to the confines of this site. We cannot be responsible for the privacy practices or content of external websites. Always prioritize reviewing the privacy policies of any third-party sites you visit.
Survival of terms
Specific sections of this Agreement are designed to survive its termination or expiration.
This means that even after the primary agreement concludes, certain obligations and rights remain in effect. Explicitly, sections 3, 4(a), 5, 6, 9, 11, 12, 13, and 15 through 27 shall continue to be valid and enforceable, ensuring continuity for critical provisions such as intellectual property rights, payment obligations, and limitations of liability.
Miscellaneous provisions
This Agreement, in conjunction with any listed restrictions, constitutes the complete and entire understanding between the parties concerning the subject matter addressed herein.
It supersedes and merges all prior and contemporaneous communications, whether oral or written, ensuring that this document is the definitive record of our mutual understanding. Should any provision of this Agreement be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall nevertheless remain fully valid and enforceable according to its original terms.
This severability clause ensures that the core of the agreement remains intact even if a part is deemed legally problematic.
Accordingly, the parties mutually agree that if any provisions are found to be unenforceable, they shall be deemed modified only to the extent absolutely necessary to render them enforceable.
Such modification shall be conducted in a manner that most closely aligns with the original intentions of the parties to this Agreement as is legally possible, preserving the spirit and purpose of the original clause.
Updates and modifications to terms of use
BERNAMA expressly reserves the right, acting at its sole discretion, to modify these terms of use at any time.
Any such modification will become effective immediately upon its posting on our platform. By obtaining, utilizing, or making payment for any content from BERNAMA, you signify your agreement to be bound by and comply with all the terms and conditions outlined in this Agreement, including any subsequent modifications.
It is your responsibility to regularly review these terms to stay informed of any changes.
Account access and management
Should you ever forget your password, there's no need to worry. Simply enter your registered email address in the designated field below, and we will promptly send you a secure link to reset your password, allowing you to regain access to your account swiftly and safely.
When creating your account, please carefully fill in the details requested below to establish your login credentials. This typically includes a unique username and a strong, secure password. The access and continued use of this site unequivocally constitute the user's approval and agreement to be bound by the following terms and conditions.
Your engagement with the site confirms your acceptance of these governing principles.