Privacy Policy

Ivy B Photography & Creative

Privacy Policy

Effective November 20, 2024

          Ivy B Photography & Creative, a Louisiana LLC, located at 3859 Gilbert Dr., Shreveport, LA 71104, has adopted the following Privacy Policy:

  1. Personal data collected will consist of names, email addresses and telephone numbers.

  2. The data collected by the company shall be collected directly from the company’s website & telephone inquiries.

  3. The data collected will be used to communicate with customers regarding their inquiry and/or booked session.

  4. The data collected will not be shared with third parties for marketing or other purposes.

  5. There will be no ability for third parties to access the data, make corrections, rights and/or choices regarding data collection, use and/or sharing.

  6. To opt-in to receive messages, go to https://ivybphotography.com/contact. Add the requested information, and click the Opt-In checkbox. By submitting your phone number, you are consenting to receive text messages from the company. You can opt-out at any time by texting “STOP".  You may receive a message confirming your “Opt-Out decision.”

  7. To contact the company regarding this Privacy Policy, contact hello@ivybphotography.com.

SMS TERMS AND CONDITIONS
Please read these SMS Terms and Conditions carefully before signing up for any text messaging program. By signing up for any text messaging program, you agree to abide and be bound to
these SMS Terms and Conditions. Furthermore, these SMS Terms and Conditions contain an arbitration clause and class action waiver, which affects how disputes with Ivy B Photography & Creative are resolved.

Program Description
Ivy B Photography & Creative text messages are intended to provide you with information regarding your inquiry and/or session including dates and times, people in attendance for the proposed session, what to expect from the business and during your session, products, if we need to find each other on the day of the session, etc.

INFORMATION ABOUT MESSAGE FREQUENCY:
The frequency of messages may vary based on your interaction with us, this may include:
Giving directions on the day of the session, cancellations or changes to the session date/time/location, and when to pick up your purchased products.

Follow-Ups: We may send a follow-up message related to previous texts and calls.

Information Requests: If the product information is asked for, we may message to relay that information.

How to Opt-In
To opt-in to receive text messages from Ivy B Photography & Creative, go to https://ivybphotography.com/contact. Add your information and click the “Opt-In” checkbox. By submitting your phone number, you are consenting to receive text messages from us. You can opt-out at any time by texting “STOP”.

By signing up for this text messaging program, you expressly consent to receive text messages from Ivy B Photography & Creative and others texting on its behalf, at the telephone number(s) that you provide.
You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.

How to Opt-Out
To stop receiving text messages from Ivy B Photography & Creative, by texting “STOP” after receiving a message. You may receive a message confirming your opt-out decision. You acknowledge that you may receive one final message from Ivy B Photography & Creative confirming your opt-out of the text messaging program. Following such confirmation message, no additional text messages associated with the service will be sent to you unless you reactivate your subscription.

Cost
Message and data rates may apply for any messages sent to you from or on behalf of Ivy B Photography & Creative, and messages you send to us. If you have questions regarding your text plan or data plan, it is best to contact your wireless provider.

Eligibility
To receive Ivy B Photography & Creative text messages, you must be at least eighteen (18) years of age or older. Ivy B Photography & Creative reserves the right to require you to prove that you are at least 18 years of age.

Your Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for promptly notifying Ivy B Photography & Creative if you change your mobile telephone number. You may notify Ivy B Photography & Creative of a mobile telephone number change by contacting Ivy B Photography & Creative at hello@ivybphotography.com.

Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Ivy B Photography & Creative's control, and Ivy B Photography & Creative is not responsible or liable for issues arising from such network services ( e.g., delayed or undelivered messages or the security of any messages).

Carriers are not liable for delayed or undelivered messages.

Support/Help
To request more information about the text messaging program contact Ivy B Photography & Creative at hello@ivybphotography.com or 318-771-7053.

Changes to Terms and Conditions
Ivy B Photography & Creative may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Ivy B Photography & Creative's website, www.ivybcreative.com. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Ivy B Photography & Creative text messages will indicate your acceptance of those changes.

Indemnification to Us
You agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorney’s fees).

Privacy
Your privacy is important to us. Please see www.ivybcreative.com/policy to review our privacy policy.

Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your receipt or use of Ivy B Photography & Creative text messages will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Ivy B Photography & Creative or Ivy B Photography & Creative’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Ivy B Photography & Creative may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly include claims brought under the Telephone Consumer Protection Act, or any other statute, regulation, or legal or equitable theory. You and Ivy B Photography & Creative agree that the Federal Arbitration Act (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we otherwise agree in writing, arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time of filing of the arbitration.

However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms and Conditions and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Ivy B Photography & Creative ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Ivy B Photography & Creative AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FOR OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in Shreveport, Louisiana, subject to Louisiana law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Ivy B Photography & Creative at hello@ivybphotography.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Ivy B Photography & Creative SMS Terms and Conditions, and (5) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Ivy B Photography & Creative SMS Terms and Conditions.

Severability

If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

Changes to Terms and Conditions
Ivy B Photography & Creative may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Ivy B Photography & Creative’s website: www.ivybcreative.com. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages will indicate your acceptance of these changes.