Privacy Policy & TERMS

Affluent Media

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You respond to our advertisements and tells You about Your privacy rights and how the law protects You. We use Your Personal Data to contact and support you, as well as to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definition

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • First name and last name

  • Email address

  • Phone number

  • Location details such as your address, city, or country

  • Any other data such as personal preferences, requirements, or comments

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

  • For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Service

  • Protect the personal safety of Users of the Service or the public

  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

This Privacy Policy was last updated on 2023/12/28 11:16:58

TERMS & CONDITIONS - AFFLUENT MEDIA

These Terms & Conditions set out the working relationship between Affluent Media and you, the Client. They cover how we handle content ownership, usage rights, project timelines, payments, cancellations, and all the bits in between that help us keep things running smoothly.

By proceeding with our services, you acknowledge that you’ve read, understood, and agreed to the terms outlined below. This agreement ensures we’re both protected, expectations are clear, and your project gets delivered to the high standard we’re known for.

If anything needs clarification, feel free to reach out before signing, we’re always happy to chat through the details.

1. EQUIPMENT

Any damage to Affluent Media's equipment by the Client or any guests will incur a full equipment replacement fee. This fee will be charged directly to the Client and must be paid within 7 days. There will be no release of footage until full payment is received. If payment is not made within 7 days, we reserve the right to take legal action.

2. OWNERSHIP

a. The raw footage is not provided to the Client unless otherwise agreed in writing. The Premiere Pro timelines, After Effects, Photoshop, Final Cut, and Audition project files are the intellectual property of Affluent Media and will not be supplied. All raw footage, video files, audio files, and edited video files, including associated copyrights, remain the property of Affluent Media until full payment for the services is made.

b. Where services remain unpaid, or in the event a final agreed payment is not made, Affluent Media reserves the right to withhold all recordings and finished works and may use all or portions of the recordings for display, promotional, or commercial purposes.

c. Copyright in all videos, images, audio, lyrics, or musical compositions included in or recorded by equipment used by Affluent Media will remain the property of the original author or the legal copyright holder.

3. POST-PRODUCTION AMENDMENTS

a. A determined number of amendment rounds is agreed upon during the quotation process. If no number is agreed upon, the default of two rounds applies. Affluent Media will provide the Client with version one of the edited video. The Client must notify Affluent Media of all proposed changes within fourteen days of receipt — constituting round one of amendments.

b. Once round one changes have been made, Affluent Media will provide version two. The Client must then notify Affluent Media of any further proposed changes within fourteen days, constituting round two of amendments. If a version three is required, it follows the same process.

c. Additional rounds beyond the agreed or default amount will be charged at Affluent Media’s applicable post-production hourly rate and added to the final invoice.

Please note: even small changes take considerable time to check, render, and upload. We recommend avoiding drip-feeding amendments, as this increases the number of amendment rounds. Any changes not included in the initial brief will be subject to additional charges.

4. BACKUPS & CLIENT MATERIAL DISPOSAL

Affluent Media retains raw footage, edited files, and audio files on an ongoing basis under normal circumstances. We don't routinely delete files after project completion.

However, as a safeguard, if a project remains unpaid or inactive for an extended period (typically 3 months without contact or resolution), we reserve the right to dispose of all related materials. This ensures clarity around project closure and protects our storage resources. Affluent Media retains raw footage, edited files, and audio files indefinitely under normal circumstances and doesn't routinely delete files upon project completion.

5. raw footage

Additional charges apply if the client requests raw footage.

Unless Affluent Media is exclusively engaged for filming services, the delivery or licensing of raw footage isn't included.

a. Raw footage isn't considered the final product.

b. Most clients don't need all raw footage due to the sheer volume of files and digital storage required.

c. Raw footage includes material unsuitable for final edits, and releasing it carries the risk of third parties misrepresenting Affluent Media’s work.

d. Affluent Media might miss out on future editing opportunities as a result.

Consequently, raw footage incurs a separate and proportionate charge, with a standard fee of $5,000 + GST.

If raw footage is acquired, the Client is granted a licence for its use. However, ownership is retained by the Producer unless otherwise agreed upon in writing.

Should the Client wish to obtain raw footage after the project’s completion, this can be arranged (if available) for an additional fee. After 30 days from final delivery, Affluent Media can't guarantee the availability of raw footage, though it's often kept for longer.

Please note: The availability of raw footage also depends on our file retention policy as stipulated in Section 4.

6. TERMS OF USE BY AFFLUENT MEDIA

Affluent Media reserves the right to utilise footage (including raw and final edits) for its own marketing purposes, such as inclusion on its website, social media platforms, or in promotional materials. Such usage is permissible only upon the satisfaction of one of the following conditions:

  • Written approval is obtained from the Client.

  • The content has been previously and publicly disseminated or employed by the Client.

This stipulation ensures that the timing and contextual application of the content align with the Client's release schedules, while simultaneously enabling Affluent Media to exhibit its work subsequent to its public launch or the granting of explicit permission.

7. VENUE LOCATION FEES AND PERMISSION

Unless agreed otherwise, the Client is responsible for obtaining necessary permissions and paying applicable fees for filming at any venue, location, or event.

8. SUB-CONTRACTING

Affluent Media reserves the right to sub-contract any agreed-upon services at its discretion.Affluent Media reserves the right to subcontract any mutually agreed-upon services as it sees fit.

9. RIGHT OF REFUSAL OR TERMINATION

Affluent Media reserves the right to terminate services if:

a. The videographer or any Affluent Media personnel are placed in a situation involving actual or perceived risk of injury

b. Equipment is at risk of being damaged

If services are terminated, any invoice paid is non-refundable. Affluent Media may seek compensation for losses incurred.

10. CONTENT CREATION SERVICES

The content creator agrees to deliver content creation services per the specifications outlined in the Client’s post-production brief.

11. USAGE RIGHTS AND EXTENSIONS

All content created by Affluent Media stays our intellectual property unless we've explicitly agreed otherwise in writing.

Paying clients get a non-exclusive, non-transferable licence for the unrestricted use of delivered content across various platforms and formats, as long as it's consistent with the brand and campaign set out in the original project brief.

Permitted Use:

  • Using content on social media platforms, websites, email campaigns, or paid advertisements linked to the agreed campaign.

  • Repurposing for the same campaign, including but not limited to trimming, subtitling, or reformatting for platforms like TikTok, Instagram Reels, and YouTube Shorts.

Usage Requiring Permission:

  • Deploying content for a different campaign, a different brand, or for commercial resale.

  • Any other alternative usage not originally detailed in the project scope.

If you'd like to explore new usage possibilities, please get in touch with us at admin@affluentmedia.com.au to sort out the right permissions.

Unauthorised Use

If content is used beyond the agreed scope without prior written permission:

  • A usage fee equivalent to 15% of the original project value will be charged per instance of unauthorised use.

12. CONFIDENTIALITY

Both Affluent Media and the Client mutually agree to uphold the strict confidentiality of all non-public, sensitive, or commercially valuable information exchanged during the project's duration. This encompasses, without limitation, campaign methodologies, proprietary content, pricing frameworks, internal operational procedures, and all business-related documentation or communications.

Such information shall not be divulged to any third party without the prior written consent of the other party, unless disclosure is mandated by applicable law.

13. SOCIAL MEDIA AND PUBLICITY

Affluent Media reserves the right to capture behind-the-scenes photographs or video footage during production for inclusion in its proprietary marketing collateral, encompassing its website, social media platforms, and promotional assets.

Clients who prefer not to be featured in this manner may formally decline by providing written notification in advance of the scheduled production. Affluent Media pledges to fully honour and adhere to such requests.

14. PROJECT ONBOARDING & INVOICE

Prior to commencing any work, an invoice for the initial month's retainer or the agreed project fee will be issued. Full payment of this invoice is required to confirm production and execute this agreement.

Upon receipt of payment, this agreement will be dispatched, and the onboarding process will commence. While late payment penalties are not applied, work cannot commence until payment has been received. Early payment is acceptable for budget allocation or advanced scheduling purposes (e.g., prior to the conclusion of the financial year).

Deposits are not collected. All projects are confirmed and booked once full payment of the invoice has been received.

15. CANCELLATION POLICY

Cancellations less than 72 hours before the scheduled appointment will incur a 30% fee of the total project value. This fee covers work already done, expenses already paid, and costs resulting from the cancellation.

These expenses include, but are not limited to, planning time, equipment prep, sub-contractor bookings, travel, and accommodation.

Cancellations on the day of the shoot may incur a 100% kill fee based on the shoot day's budget, to cover crew losses.

To avoid these fees, please cancel or reschedule appointments at least 72 hours beforehand.

You can cancel or reschedule via:

Email: admin@affluentmedia.com.au

Text Message: 04237 769 339

Contact Us

If you have any questions about this Privacy Policy, You can contact us via email at frankie@affluentmedia.com.au