The GDPR is a European Union privacy law and the deadline for businesses around the world to be fully compliant is 25th May, 2018.The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonise data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organisations across the region approach data privacy.
In summary, I must inform you what data I am collecting about you, why I am collecting it, what I do with it, how it is stored securely, that you have the right to access all of this information, that you have the right to have mistakes corrected and to be forgotten. As a photographer, this data includes the images I take as well as your personal information. If you have any queries or concerns, in the first instance please contact me.
What I need
H Jones Photography will be the ‘Controller’ of the personal data you provide to me, the ‘Data . I collect basic personal data about you including name, address, email, telephone number.
Why I collect your data
I need your basic personal data in order to provide you with information about photography services in accordance with our contract. I will not collect any personal data from you that I do not need in order to provide and oversee this service to you.
What I do with your data
All the personal data I hold is processed by me in the UK. However for the purposes of IT hosting and maintenance this information is located on servers within the European Union.
No 3rd parties have access to your personal data unless the law or my contract with you, allows them to do so.
I have a Data Protection regime in place to oversee the effective and secure processing of your personal data. More information on this can be found by contacting me.
How long I keep your data
I keep your images for the length of time agreed upon in my contract with you, after which time they will be deleted. Your information I use for marketing purposes will be controlled by you and only kept with me until you notify me that you no longer wish to receive this information. More information on my retention schedule can be found by contacting me.
What I would also like to do with your data
I would like to use your name and email address to inform you of our future offers and similar products. This information is not shared with third parties and you can unsubscribe at any time via phone, email or our website. Please get in touch via the Contact form if you would like to receive this information from me.
What are your rights?
The GDPR includes the following rights for individuals: the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and the right not to be subject to automated decision-making including profiling.
If at any point you believe the information I process on you is incorrect you can request to see this information and have it corrected or deleted.
You have the right to be forgotten. If you would like me to permanently delete all data I hold about you, including your images, please contact me at email@example.com.
If you wish to raise a complaint on how I have handled your personal data, you can contact me at firstname.lastname@example.org and I will investigate the matter.
If you are not satisfied with my response or believe I am not processing your personal data in accordance with the law you can complain to the Information Commissioner’s Office (ICO).
Terms & Conditions
It is agreed that the terms set out in the booking form is the total agreement made between the parties and no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. Special Requests/Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Any special requests not notified on this booking form must be made by the client to the photographer in writing.
2. The Photographer
On occasions, due to ill health or unforeseen circumstances, it may be necessary to substitute the booking date and time with an alternative. All reasonable steps will be taken to ensure that the client is kept informed of any changes but due to nature of events please be aware that this may not always be possible. Where the photographer is unable to contact the client prior to an event the photographer reserves the right to substitute an alternative date and time to be mutually agreed.
All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record the exact colour as seen by the human eye.
Retouching, digital manipulation and artist finishing is included equivalent to 4 hours time maximum. Additional retouching is available to the client as an optional extra.
Any images or copies of images whether stored digitally or otherwise and any computer programme including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means an image created as part of this contract without the permission of the photographer in writing. Any breaking of seals in the viewing album will presume a breach of copyright. Editing or adding filters to any digital images is also prohibited.
All reorders shall be treated as an extension of this contract and no responsibility for errors will be accepted unless orders are given in writing.
7. Negatives/Digital Files
Negatives/digital files remain the property of the photographer, unless otherwise agreed in writing, and permission will be sought to share or display images in physical form and electronically.
The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be final.
9. Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Although the photographer will do their best to produce proofs/password protected preview prints online for the client to choose from, there is no guarantee that any particular number of proofs/preview prints will be produced.
The photographer will ask the client for consent before displaying any images included in this contract in their studios, portfolios, website, social media, literature, exhibitions and advertising. No use of the images will be made by the photographer/s for other commercial reason except with the written permission of the client.
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies paid. Should cancellation be received by the photographer less than four weeks prior to the date of the event/ sitting the client shall in addition pay a sum equal to 100% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer would suffer.
13. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any complaints should be raised by the client with the photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
15. Session Payment
A booking fee is payable to secure the booking, which will be deducted from the final bill (if applicable). Final payment is due after the session takes place and before final images are released to the client.
16. Safeguarding & Modesty
The majority of newborn photographs will be of baby unclothed or partially dressed, in order to show the delicate folds and creases that make each newborn baby unique. Whilst the photographer will never intentionally photograph a baby’s private areas, babies do move and sometimes the shutter can unintentionally be pressed at just the wrong moment. In this situation, the photographer’s policy is to show the client the photo on camera straight away and delete it in the client’s presence.
If the client needs to use the toilet whilst at the studio, the policy is for the client to cover or clothe baby and to ensure that baby is in a safe and comfortable position. The policy is to never take photographs or touch baby if the client is not present.