THE FINE PRINT
Unless otherwise stated, this website and its contents are the property of Focal. The term “us” or “we” or “our” refers to Focal, the owner of the website. The term “you” refers to the user or viewer of the website.
Acceptance of agreement
By accessing and using this website, you are indicating your acceptance to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not access or use this website. This agreement may be revised at any time by Focal without specific notice.
Listing on the Focal Marketplace (for Photographers)
By publishing packages on the Focal Marketplace, you agree that any client inquiries originating from the Marketplace must be processed through Focal's booking system. On all plans, this will incur a modest commission (15% + 3% credit card fee) that helps us invest in Google ads and SEO to bring you more bookings through Focal. Booking Marketplace-driven client inquiries outside of Focal can result in disqualification from the Focal Marketplace.
The entire content of this site, including but not limited to copy, graphics, and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights, and is the property of Focal. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Focal. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Limited license; Permitted uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use Focal website strictly in accordance with this Agreement; (b) to use the website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. You may not remove or in any way alter any trademark, copyright, or other proprietary notice. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and prohibitions on use
Your license for access and use of the website and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted above, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the website or any Content and Materials retrieved there from; (b) use the website or any materials obtained from the website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
In no event, in regard to this website or any other hyperlinked website, will Focal be liable to any party for any damages or injury caused by (including but not limited to) any failure of performance, error, omission, direct, indirect, special or other consequential damages including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. Information on this website could include technical inaccuracies or typographical errors. Changes may be periodically made to the information on this website and to the products and services it represents. Focal does not warrant that this website will be available and accessible at all times. It is up to you to take precautions to protect yourself from items such as viruses and other items of a destructive nature.
Use of site
Harassment in any manner or form on the site, including via e-mail, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Focal or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Focal, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
This policy has been created to demonstrate Focal's commitment to preserving your privacy as it relates to the collection, use and disclosure of personal information on this website.
Last updated: January 20, 2022
Interpretation and Definitions
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.
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named Focal
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Focal Inc., 104-317 Burnside Rd E.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: British Columbia, Canada
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application or the Website or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Focal, accessible from bookfocal.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected:
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
Address, State, Province, ZIP/Postal code, City
Google Account & Calendar Data
Google Account and Calendar Data is accessed when you authorize your Google Account with Focal. This data is used to display your calendar availability to potential clients that would like to book you. None of your Google data is stored. After authorizing your calendar with Google, we use your permission to access and display your availability in the form of time slots on the Focal website. None of your Google calendar event data is stored. None of your event data is shared publicly. Clients will simply see that you are unavailable during times that you have events. Using the Focal app you may add, modify and delete events in your Google calendar.
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
Tracking Technologies and Cookies
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
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 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. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
Transfer of Your Personal Data
Disclosure of Your Personal Data
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 obligationProtect and defend the rights or property of the CompanyPrevent or investigate possible wrongdoing in connection with the ServiceProtect 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.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
By email: email@example.com
We may use the information we collect from you in the following ways:
To personalize your user experience and to allow us to deliver the type of content in which you are most interested;
To improve our website in order to better serve you;
To allow us to respond to your requests;
To send periodic emails regarding our services; and
To share with you educational resources.
Focal will never disclose, sell or lease to any third party, either free of charge or for remuneration, any personal information that is provided on this site without your permission, unless required to do so by law. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. Visitors to this site are not required to provide any individually identifiable information and it is always your choice whether or not to provide this.
If you provide permission, Focal may use personal information to contact and correspond with you, respond to your inquiries, and facilitate and enhance your use of this website.
In order to help analyze how visitors use this site, this website uses Google Analytics cookies. Cookies are text files stored on your computer that collect standard visitor information in a completely anonymous form. This non-identifiable information gathered by cookies about your use of this website, including your browser, computer operating system, IP address, are transmitted to Google. From there, this information is used to evaluate the user experience of this website, its performance, which features and services are most important to visitors, and to compile statistics and reports on the Focal website activity.
Unauthorized use of information
Although Focal uses various methods in order to ensure the protection of your personal information, it cannot be guaranteed that information will not be used unlawfully, modified in a fraudulent manner, or lost. This is because data transmitted over the internet cannot be guaranteed to be absolutely confidential. Consequently, Focal bears no liability for the use that may be made of the information by you or any third party. Focal may, at any time, revise this policy as seen fit and without prior notice. However, any changes that are made to this statement will be in compliance with the laws in effect in Canada regarding to this subject matter and posted on this page.