T & C's & GDPRthe nitty gritty
Cream Photography Terms & Conditions
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee The Booking fee of £200.00 secures the date, time and services of Cream Photography for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 8 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Payments Following payment of the £200.00 booking fee, balance of fees due are to be paid either prior to the wedding date or at the latest at the presentation of online web gallery and/or preview book. No photographs dvd’s or wedding albums will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
Display Cream Photography may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
Images All image sizes are nominal. The Photographer/s 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 fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Retouching Retouching, digital manipulation and artist finishing is available to the Client as agreed and at the photographers discretion.
Reorders All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Copyright Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Cream Photography. 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 written permission of Cream Photography.
License Cream Photography shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Attendance In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to try appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.
Limitation of Liability In the unlikely event of a total photographic failure or cancellation of this contract by either party 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.
Cancellation The Client may cancel this contract at any time by giving written notice to Cream Photography but in doing so shall forfeit any monies paid. Cancellation less than 8 weeks before the wedding date will result in the payment in full.
Negatives / Digital Files Negatives / digital files remain the sole property of Cream Photography.
Prices All prices are subject to the pricelist at time of booking, reorders are subject to current pricelist charges.
Gift Certificates Cream Photography Gift Certificates are valid for 18 months from the date of purchase. Please note that Cream Photography Gift Certificates cannot be exchanged for cash, are not transferrable and are not negotiable.
Complaints Any complaints should first be raised by the Client with Cream Photography in writing within 14 days from the date of provision of web gallery preview images. In the unlikely event of an unresolved complaint the Client may request the British Professional Photographers Assoc. to mediate but only on the basis that its decision shall be final and binding upon both parties.
Payments All cheques to be made payable to Cream Photography. Bank Transfer (BACS) payments can be accepted by arrangement.
- The Data we collect
As a data controller we collect a variety of data in order to deliver our services and we will manage your personal data transparently, fairly and securely.
We may ask you to provide us the following data –
First and last names, contact numbers, email and postal addresses
Obviously being a photographic business we also create and manage images as per our contractual agreement(s).
We use the above data to deliver our service to you.
We collect this data on the following lawful basis to arrange or fulfil a Contract.
When you visit our website we may also collect Cookies. These are small pieces of data that websites send to a user’s computer and are stored on the user’s web browser. They are designed to enable the website to remember information, such as what a user might have put in a shopping cart for example. This helps us monitor website traffic.
- Which third parties do we share Personal Data with?
We share personal data with the following third parties:
Paypal – www.paypal.com
http://phosys.com/ (This company provides our secure checkout service and hosts our email facility)
We will use images to process orders for prints and products using the external printing labs and album manufacturers, none of these have access to personal information, beyond image title.
Data is transferred outside of the European Economic Area to United States under the protection of EU/US Privacy Shield.
There are also certain situations in which we may share access to your personal data without your explicit consent; for example, if required by law, to protect the life of an individual, or to comply with any valid legal process, government request, rule or regulation.
- Why do we share your Personal Data with the above?
We share your data in order to deliver our service to you / for marketing purposes.
We may transfer personal data to a country outside of the European Economic Area (EEA) if necessary e.g. if a third party we utilise could have servers located outside of the EEA. If this is the case, we will either obtain your consent or otherwise ensure that the transfer is legal and your data is secure by following the EU’s guidelines. You can see above where we send data outside of the EEA and on what basis we do so.
- How do we keep your personal data secure?
We keep your data secure and only accessible by trained members of our team.
In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, we will also inform you.
- You have the following rights –
- – the right to be informed about the collection and use of your personal data
- – the right of access to your personal data and any supplementary information
- – the right to have any errors in your personal data rectified
- – the right to have your personal data erased
- – the right to block or suppressing the processing of your personal data
- – the right to move, copy or transfer your personal data from one IT environment to another
- – the right to object to processing of your personal data in certain circumstances, and
- – rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).
We also give you the option to manage your data via email or post.
While we do not hold personal data any longer than we need to. The duration will depend on your relationship with us, and whether it is ongoing. We may keep some of your personal data and images indefinitely unless you get in touch to request it is deleted.
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