Privacy Policy
Phable Limited (we, us, our or Phable) is committed to protecting and respecting your privacy in accordance with our obligations under the Privacy Act 1993 (Act).
This privacy policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be used and collected by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.
What information we collect
We collect information relating to you that you have provided to us when you visit our website and/or create a Phable Account. We will also collect information about you when you use our products and services.
The type of information we collect includes, but is not limited to:
your contact and other information if you provide it, including your contact details, email address and phone number and password when you create a Phable account;
video, images, music, audio or other digital materials (Content) that you upload from your computer, mobile device or social media pages, as well as the information about your social media pages;
the email address of anyone that you have chosen to share your Content with;
shipping and billing information when you complete a purchase with us so that we can fulfil your request;
your name and e-mail address when you contact us so that we can respond to your questions or concerns;
information on how you use our products and services (such as the type, date, time, location and how much you spend);
your IP address and other information automatically provided via your browser when you visit our website or upload Content; and
the location of your mobile phone from time to time.
How we use information we collect
We use information we hold about you in the following ways:
processing and evidencing your orders;
providing you with products you have requested or administering your Phable account;
dealing with your questions or concerns and other customer care related activities;
to ensure that content from our website is presented in the most effective manner for you and for your computer;
to help us understand your needs and interests and provide you with better services. Specifically, we use your information to communicate with you, to provide service and support and to update you on relevant services and benefits;
to allow you to participate in interactive features of our services, when you choose to do so; and
to notify you about changes to our services.
Data collected online by us may also be combined with information you provide us through other sources.
Non-personal information is collected for reporting about our website usability, performance, and effectiveness. It is used to improve the customer experience, usability and website content.
Who we share it with
We share your personal information with third party intermediaries (for example, credit card authorisation companies, photo processing labs and other third-party service providers or independent contractors) who help us run our website and provide the services. We seek to ensure that these third party intermediaries do not store, retain or access your personal information other than as necessary to provide you with the services for which they are responsible.
We may disclose your personal information:
to persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies and emergency services;
in the event that we sell the business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets; or
if substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
Other than as described above, we do not rent or sell your personal contact information (such as your email address associated with your account registration) to third-parties to use for their own marketing purposes.
We generally will only disclosure information about you when required to do so by applicable law or a court or law enforcement authority with appropriate jurisdiction, although we reserve the right to do so at any time and for any reason. For criminal matters, this generally means a production order is required rather than simply a formal or informal request for information and/or action. For civil matters, this generally means a court non-party discovery order or, if that is not available, a witness summons, subpoena or agreed affidavit or statement of facts.
The information to be provided or action to be taken by us shall be as specified in the relevant law or order, subject to us being technically able to provide that information or take that action. Persons making a request should first check with us what information will be available, particularly, before applying for a criminal law production order or using civil law procedures to obtain user information or data.
Who sees your Content once it has been uploaded
Subject to any privacy settings made available on our platform from time to time, when you share your Content with others, including via any social media platform, and whether publicly or privately, it becomes available to the public on our platform and is searchable by third parties. Once you have shared your Content, that Content may be re-shared by others.
If you remove Content you have uploaded to your Phable account, copies of Content you have shared may remain viewable if third parties have copied or saved such Content, but it will otherwise cease to be available and searchable by others.
Phable personnel or suppliers that provide printing services to Phable may see your Content while it is being printed and packaged. In addition, your Content or personal information may be seen by Phable personnel or suppliers in order to resolve any problems with your Phable account.
Your account information and privacy settings
You can update your personal information and privacy settings at any time by logging in to your Phable account and changing your settings.
Use of cookies
When you visit our website, you can browse the website and access information without revealing your identity. In order to improve our website, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables us to record your user journey. It cannot be executed as code or deliver viruses. Cookies help us to improve our website and to deliver a better and more personalised service. Cookies enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our website according to your individual interests.
To speed up your searches.
To recognise you when you return to our website.
Most browsers are initially set to accept cookies. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our website.
Where we store your personal information
The information that we collect from you may be transferred to, and stored at, a destination outside New Zealand. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our website by you; therefore any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Children’s privacy
We will never knowingly request or solicit personally identifiable information from anyone under the age of 13 without verifiable parental consent. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at support hi@phable.com In the event that we receive actual knowledge that we have collected such personal information without the requisite verifiable parental consent, we will delete that information from our database as quickly as is practical.
External sites
Our website may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our website and to read the privacy policies of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.
Your rights
You have the right to ask us not to process your personal information for marketing purposes. We will inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You also have the right to ask us not to contact you about product and service updates. You can exercise your right to prevent such processing by checking certain “opt out” boxes on the forms we use to collect your information. You can also exercise the right at any time by contacting us at hi@phable.com. You will not be able to opt out of service-related communications (e.g. account verification, purchase and billing confirmations and changes/updates to features of the services).
Access to information
The Act gives you the right to access information held about you so that you can update or correct it. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. We encourage you to regularly check this page.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to hi@phable.com.
Terms of Use
Welcome to Phable. Phable Limited (we, us, our or Phable) provides you with the Services to create and share Playbooks. Playbooks are photo books through which you can access video memories.
Defined terms
The following words and phrases have specific meanings wherever you see them used in these Terms:
Content means video, images, music, audio or other digital materials.
Content Storage means the facilities made available by Phable for you to store and access your Content via the Platform.
Playbooks means Phable photo books through which Content may be accessed.
Phable Account means your account and profile information on the Platform.
Platform means the Phable website at www.phable.com and the Phable application.
Services means the operation of the Platform to facilitate the creation and sharing of Playbooks and our other associated services from time to time, in accordance with these Terms.
Terms means these terms of use.
you means the person who accepts these Terms in accordance with clause 2 below.
Application of Terms
These Terms are binding and apply to any use of the Services and Platform by you and anyone that you allow to access your Content. By using our Services or the Platform, you and they irrevocably agree to these Terms.
Please also read our Privacy Policy, because it will apply to all the information you provide to us and forms part of these Terms. By accepting these Terms, you also accept our Privacy Policy.
If you do not agree to be bound by these Terms (including our Privacy Policy), you must not use any part of our Platform.
Term
These Terms are effective from the date that you first access our Platform and will continue, unless terminated sooner in accordance with clause 8.
Changes
We can change these Terms at any time by providing you at least 30 days’ prior notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
If you comply with these Terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our Services via the Platform in accordance with these Terms.
Our Services
Phable provides you with the Services to upload Content through your Phable Account to the Platform and to access your Content. All Content must meet our Content standards, which we may change from time to time.
We also offer you the ability to purchase Playbooks. It is your responsibility to have sufficient web, application and device usage skills to make use of our Services.
Creating a Phable Account
To create a Phable Account, you must be over 13 years of age and must not have an existing Phable Account.
You agree to provide accurate, current and complete information during the Phable Account registration process and to update such information to keep it accurate, current and complete at all times. If you provide any false or misleading information, we may suspend or terminate your Phable Account in accordance with clause 8.
During the registration process, you must choose a password as part of our security procedures. You must ensure that your password is strong and not disclose it to any third party.
You must not allow others to access or use your Phable Account. No matter whether anyone using your Phable Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
You must tell us immediately if you think that someone has used or has unauthorised access to your Phable Account or password, or there has been some other security breach.
Creating a Playbook
A contract between you and Phable for the purchase of a Playbook is created as follows:
You place the order for a Playbook on the Platform by pressing an order confirmation button at the end of the checkout process.
By confirming your order, you are agreeing to purchase the Playbook.
Payment is then processed using means made available through the Platform from time to time. Orders cannot be changed or cancelled once paid for.
Phable may reject an order in its discretion, including where:
your order breaches the requirements of these Terms;
your order uses Content which infringe the Content standards;
your order uses Content which has been corrupted; or
we are unable to obtain authorisation for your payment.
If your order is rejected, we will contact you to confirm this and reverse any payment you have made for that order.
Terminating your Phable Account
You may close your Phable Account at any time by following the Phable Account closing process on our website.
We have the right to suspend or terminate your Phable Account at any time, for any reason or no reason, which need not be disclosed to you. This includes but is not limited to Phable Accounts that Phable, considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to Phable or the Platform. We will not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Phable Account.
If we exercise our discretion under these Terms to suspend or terminate your Phable Account, any or all of the following can occur with or without any notice or explanation to you:
your Phable Account will be deactivated or suspended and you will not be able to access any part of the Platform, your Phable Account or your Content; and
we do not have an obligation to delete or return to you any Content you have uploaded to the Platform.
Fees
In consideration for the creation of a Playbook, Phable charges the fees displayed on the Platform from time to time.
All payments for Playbooks are carried out by third party payment providers. You accept that we are not responsible for these third party payment providers and their operation or availability.
Your obligations
You must comply with:
these Terms;
any additional terms or guidelines made available on the Platform from time to time; and
all applicable laws, regulations and rules,
when using the Platform, our services and with respect to any data you upload or share using our Services.
Your Content
Phable allows you to access your Content through your Phable Account. However, please note that:
We provide Content Storage at no cost principally in order to facilitate your creation and purchase of Playbooks through which you can access your Content. Accordingly, we do not intend or invite you to store your images other than for those purposes.
Videos uploaded to the Platform can be up to 100 seconds long. We do not currently apply any other fixed limit to the volume of Content which may be uploaded provided you comply with reasonable fair use requirements which will be determined in our discretion.
Fair use would be exceeded by, for example:
the automated or scripted uploading of Content;
the uploading of Content on a high-frequency basis; or
the inclusion of very large volumes of Content.
Should you breach our fair use requirements, we may suspend your Phable Account, cease to provide you with Content Storage and/or delete your Content from our Platform.
We also reserve the right to make changes to Content which are intended to improve its storability, including:
compression;
size reduction and downscaling; and
format conversion.
We use reasonable commercial endeavours in our provision of Content Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the Content Storage we provide.
You must maintain copies of all Content you upload to the Platform – the Platform is not intended to be and should not be treated as a backup service. We do not make any guarantees that there will be no loss of your Content or the Services will be bug free. You should download all your Content prior to terminating your Phable Account.
We have standards which apply to the Content you upload to the Platform. If we are notified of a claim that Content you have uploaded to the Platform breaches our standards, we may prevent your Content being accessible through the Platform or being used in connection with Services.
If we terminate your Phable Account because you have breached these Terms we may delete your Content immediately or keep it for evidential purposes.
Content standards
Whenever you upload Content to the Platform you must comply with the Content standards set out in this clause or elsewhere on the Platform. You must not:
upload or generate obscene, offensive, objectionable or inappropriate content;
damage, interfere with or degrade the functioning of the Platform;
create or send verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any person or cause harm to any person in any way under the NZ Harmful Digital Communications Act 2015; or
create, transmit, distribute, or store material that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others.
You warrant that any Content uploaded to the Platform complies with our content standards. You will be liable to Phable and indemnify Phable fully for any breach of that warranty. Phable has the right to remove any Content from your Phable Account without notice if, in Phable’s opinion in its sole discretion, your Content does not comply with those standards.
Privacy
Please see Phable’s Privacy Policy for information and notices concerning our collection and use of your personal information.
Intellectual property rights
Phable is the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or anyone else’s Content, or use or access the same, without Phable’s express prior written permission.
You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to the Platform. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you and them.
Takedown procedure
To notify us of any alleged copyright infringement or takedown, email us at hi@phable.com.
We may, without any prior notice to you, remove any of your Content from our Platform or block access to our Platform (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content. You agree that we will have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action.
If there is a dispute between you and a third party as to whether your Content infringes the intellectual property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Platform. You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.
Viruses
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and site in order to access the Platform (if applicable). You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any Content.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform (if applicable) via a denial-of-service attack or a distributed denial-of service attack.
Disclaimers and limitation of liability
If you choose to use the Platform, you do so at your own risk.
The Platform is provided without warranty of any kind, either express or implied. Phable makes no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
To the extent permitted by law, Phable excludes all conditions, warranties, representations or other terms which may apply to the Platform, whether express or implied.
Phable will not be liable to you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Platform or Services.
In no event will Phable’s aggregate liability arising out of or in connection with these Terms and your use of or inability to use the Platform and Services exceed the fees you have paid to Phable in connection with the matter giving rise to the issue.
Indemnity
You agree to indemnify, and hold Phable and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform, Services or your violation of these Terms.
Miscellaneous
Phable may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us:
via email (in each case to the address that you provide); or
via the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
These Terms will be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination. Any dispute or difference arising out of or in connection with these Terms or the subject matter of these Terns, including any question about their existence, validity or termination, will be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Arbitrators’ and Mediators’ Institute of New Zealand for the time being in force.
No failure or delay by Phable to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Phable will prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.
These terms were last updated on 16 October 2017.