We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the IG Time Photography. The use of the Internet pages of the IG Time Photography is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the IG Time Photography. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the IG Time Photography has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the IG Time Photography is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
IG Time Photography
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of the IG Time Photography collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the IG Time Photography does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the IG Time Photography analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Contact possibility via the website
The website of the IG Time Photography contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
- Comments function in the blog on the website
The IG Time Photography offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
- Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
- a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by IG Time Photography, he or she may, at any time, contact any employee of the controller. An employee of IG Time Photography shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Employees of IG Time Photography will arrange the necessary measures in individual cases.
- e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead of the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the IG Time Photography, he or she may at any time contact any employee of the controller. The employee of IG Time Photography will arrange the restriction of the processing.
- f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of IG Time Photography.
- g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The IG Time Photography shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the IG Time Photography processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the IG Time Photography to the processing for direct marketing purposes, the IG Time Photography will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by the IG Time Photography for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of IG Time Photography. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the IG Time Photography shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of IG Time Photography.
- i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of IG Time Photography.
- Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
- Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymize”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
- Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
- Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audio-visual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
- Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
TERMS AND CONDITIONS OF CONTRACT FOR
WEDDING PHOTOGRAPHY SERVICES
In the following conditions of contract “the photographer” shall mean IG Time Photography, its affiliated companies, Affiliated Photographers or subject to condition 7b) below, any photographer(s) appointed by IG Time Photography “The Clients” shall be those whose name appears on the contract. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the photographer in writing.
1.Copyright: The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or without his consent. However, consent is given providing the following terms are met:
(a) The client is satisfied with the images provided and has accepted the terms of this contract.
(b) The use of the images in no way, expressed or implied brings shame, disrepute or embarrassment to IG Time Photography, or its affiliated companies/Photographers.
(c) Credit for the photograph is not falsely claimed by another Individual/Company.
Consent is automatically refused if the client disputes the above-mentioned points, if in doubt it is essential that clients contact us regarding copyright issues.
- Display: The Clients hereby allow the photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in hidden galleries within the website are not available to the general public in the normal course of events. However, it may not always be possible to prevent determined persons from accessing these galleries. Whilst the client’s views on the publication of images relating to him/her are important to us and will be duly considered be aware that the over rights to publication remains with the photographer.
- License and Coverage:
- a) The photographers shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients´ requirements, the photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.
- b) For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot accept responsibility for limited coverage in such cases.
- c) Whilst the photographer shall endeavour to fulfil all the Clients´ requirements, he cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
- d) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographer is not liable to compensate the client(s) in any way whatsoever.
- Image Reproduction:
- a) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibers, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
- b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
- c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
- d) Where images are made available for use with a personal computer the default operating system shall be Mac operating system.
. Products may not function on other operating systems. Image types contained on any CD/DVD shall be limited to a low compression jpeg format to allow for larger printing.
- e) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
- f) All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
- Payment and Prices:
- a) A non-refundable booking fee of £100 is required to secure the photographer’s services for the day, with the balance due 4 weeks prior to the event.
- b) Upgraded album packages are payable at time of ordering
- c) Reprint prices are subject to change without notice.
- Force Majeure : Whilst every care is taken, this contract is subject to alteration or cancellation by the photographer owing to any cause/s beyond his reasonable control, i.e Act of God, Fire, War, Road closure, Illness etc. Furthermore whilst every effort is made to preserve the images captured, the photographer cannot be held accountable for failure/theft of vital equipment eg Memory card malfunctioning.
- Limitation of Liability – In the unlikely event that you are not satisfied with the images produced IG Time Photography and at the photographers discretion will offer clients a full refund of any monies paid, neither the photographer nor IG Time Photography shall be liable for further costs either directly or indirectly incurred and the client accepts this fact. Any complaints must be submitted in writing and addressed to IG Time Photography not more than 14 days after your wedding. By accepting gallery, prints and/or image on USB you are stating that you are satisfied with the work produced and waiver any right to future complaint. To prevent copyright theft once images either digital or print leave the studio the client agrees they are satisfied with the work provided. In cases of dispute IG Time Photography, may request either the Society of Wedding and Portrait Photographers or the British Professional Photographers Association to review the images provided and comment upon the quality, this is done so on the condition that the decision reached shall be final and binding upon both parties.
- a) In the event of cancellation by the photographer, or in the highly unlikely event of total photographic failure, the photographer’s liability shall be limited to a full refund of any fees paid. Re-shoots may be arranged if practicable but the photographer will not be responsible for any further costs.
- b) The photographer will endeavor to contact other photographers in the unlikely event that he is unable to attend your booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
- c) If the Clients should have to cancel a booking the following cancellation fees will become due immediately:
1.The Clients are entitled to a full refund of the £150 booking fee if they withdraw within 14 days of booking.
2.The booking fee of £150 will be forfeited on cancellations made after 14 days, up until 6 months prior to the wedding.
3.Cancellations between 6 weeks and 6 months prior to the wedding date incur a charge of 50% of the package booked.
4.Cancellations made within 6 weeks of the wedding incur the full cost of the basic photographic service booked, including optional additional attendance.
5.Where the photographer is able to re book the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable Booking fee only and any additional cancellation fees already paid will be refunded accordingly.
6.In the event of postponement, then at the discretion of
IG Time Photography, and subject to availability, monies other than the booking fee may be applied to the new wedding.
7.It is essential to inform the photographer as soon as possible of any changes of venue, times, or contact details etc.
8. Cancellations must be in writing or via email. The working day the email is received is classed as the notification date.
- Medical and safety issues IG Time Photography will not be responsible for any medical problems arising from the photography services offered. Whilst every effort is made to ensure client safety we ask that common sense is exercised on the part of the client/guest. Any medical condition which could affect photography proceedings must be put in writing prior to your wedding so that the Photographer is clearly aware of any health and safety issues. Eg. If any member of the wedding party/wedding guests could/is affected by the use of flashing lights IG Time Photography MUST be informed prior to the wedding. Furthermore, the photographer must be informed of any relevant previous injuries and we insist that no client does any action they consider could be damaging to their health and well being (Eg Picking up a bride if you have a back/Spinal condition/Jumping if you have a knee condition). Clients accept by not informing us of any health problems they are in violation of this contract and accept IG Time Photography will not be liable unless medical conditions are stated before your wedding.
- Albums, Print, Digital images and/Or other products –
(a) Albums and other material including but not limited to Albums/Storybooks/Folios/Canvas/Prints and any other product stocked by Amore Photography are all obtained from independent 3rd party sources and as such are only available as long as the sources choose to stock the item at an agreed price. Discontinuation / Withdrawal of albums and/or other products are beyond our control and as such no guarantees are made on certain albums remaining available at a future date. Clients understand that all products are subject to change at any time and often without prior notice, whilst every effort is made to obtain the product ordered supplier issues are beyond our control and clients accept this fact.
(b) Prints are provided with selected photography packages subject to supplier availability, supply times stated are a general guide provided by the photographer based on his/her dealings with the supplier and may vary throughout the year without prior notice. It’s not always possible to provide accurate return times for 3rd party providers of which the photographer(s) have no control over. Clients are advised to contact the photographer within the stated return time period to arrange collection of the prints and/or Image discs. IG Time Photography, its affiliated companies and Photographers ask that all clients contact the photographer directly to arrange collection of prints/discs. Whilst the photographers reserve the right to contact clients regarding prints/discs the overall responsibility to arrange collection lies with the client/his or her representative.
(c) Clients choosing a wedding photography package are notified that albums/Storybooks and other produces included with the packages are available for a period of 12 months from the date of the wedding. After 12 months from the date of the wedding, clients shall lose the right to have an album/Storybook produced without refund or replacement. It’s vital that clients understand Albums/Storybooks are only available for a limited time of 12 months, and after this time the right will be terminated without refund or replacement. Clients must arrange the album/Storybook within 12 months of the date of the wedding as after this time all album services are withdrawn without refund or replacement and this fact is beyond challenge. If clients suspect they are unable to choose between 40 and 80 from the images provided within 365 days from the date of the wedding they are kindly asked to select one of the digital packages and notify the photographer at a later date if they would like to purchase an album (Subject to workload/pricing and other commitments)
(d) In circumstances where clients have arranged for Storybooks/Albums to be provided, clients are asked to choose the images that they would like to go in the album themselves, whilst the photographer will endeavor to assist in this process if asked, the overall decision regarding which images are selected for the album/storybook must come from the client. IG Time Photography will arrange the images into the album with the photographer / nominated person arranging them in a way that he/she deems appropriate however it is a strict term of booking that clients are asked to provide details of the images that they would like included in the album using the image numbers provided. Whilst the Photographer will retain overall discretion in relation to layout/positions and images used unless by written prior agreement IG Time photography will not choose images for the clients album except where they deem appropriate. As point (b) collection of albums/digitial albums/Storybooks and any other printed works remains with the client. IG Time Photography can arrange postal delivery where studio collection is not available however this shall be at the clients expense
(e) IG Time Photography, its affiliated Photographers and/or companies shall endeavour to retain the photographs from your wedding for a period of 12 months after the date of the wedding. After this period the photographer reserves the right to delete any stored images he has retained. Whilst efforts are made to ensure retention of the data the photographer shall not be liable if due to unforeseen circumstances the data is lost. IG Time Photography has data protection procedures in place to protect your images, however, in the unlikely event of theft/fire/mechanical and electrical faults the data becomes lost the photographer shall accept no liability. Clients are actively encouraged to copy the image disc(s)/USB provided to numerous different locations to ensure no loss of data occurs. In the event of loss/damage to your image discs/USB it’s important you contact the photographer as soon as possible as storage/achieve space for previous weddings is limited.
(f) Album design times – Album design is a long and detailed process that can require several days of the photographer’s time, hence design times varies week to week dependant on the number of album choices received and it’s difficult if not impossible to sometimes predict when album choices will be made, therefore IG Time Photography operates a 3 tier system for album design. Tier 1 relates to album choices made within 90 days / 3 months of the wedding, Tier 2 relates to album choices made between 3 and 6 months from the wedding date, Tier 3 relates to all album choices made after 6 months from the wedding date. IG Time Photography will always process Tier 1 albums first, when all Tier 1 albums are designed, Design will focus on Tier 2 albums and when no Tier 1 or Tier 2 albums are in the design queue we will focus on Tier 3 Albums. IG Time Photography allocates specific design time for your album for the first 90 days, to ensure a speedy service after this point albums will be designed as soon as possible. In simple terms if you submit your album choices within up to 3 months from your wedding we will design quickly, if you wait longer to submit your album it will still be designed but you’ll no longer be at the front of the album queue.
- Discontinuance of Service: In circumstances where violence, sexism, inappropriate sexual behaviour and/or extreme bad language are used against IG Time Photography, Its staff or any of its affiliated photographers IG Time Photography reserves the right to cancel the services offered to the client immediately and without refund and without notice.
IG Time Photography reserves the right to modify these terms at any time. By Making any booking with IG Time Photography the client is stating that they have read and understood these terms and conditions and accept them in full.