Please find below both my Privacy Policy and my Terms & Conditions. You are urged to read these carefully as they contain important information (especially for clients)
Terms and Conditions
NOTE: For the purpose of this document Kerry Jones Photography shall be referred to as KJP. The visitor to the site of the individual or to whom KJP takes on an assignment for (whether representing an organisation or not) who orders an image shall be referred to as The Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these Terms and Conditions (including those relating to the time of payment) and those issued or submitted by The Client and in the absence of of any contrary agreement in writing, these Terms and Conditions shall prevail.
2. BOOKING FEE/SESSION FEE
a) By booking with KJP you enter into a contract and have therefore agreed to abide by the Terms and Conditions.
b) Booking fees taken for ANY session or assignment (Newborn, ANY portrait, commercial work, are non-refundable except in the event KJP cancels the booking or at the discretion of KJP in certain, unavoidable circumstances, however full disclosure of circumstances will need to be provided.
3) IMAGES ONLINE
a) It is illegal to attempt to download, or attempt to remove a watermark from any image taken and posted online by KJP, for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of KJP, whether the copyright has been removed or not, a copyright infringement fee of £1000.00 per image will be applied to avoid court action and must be paid within 28 days.
4) FULFILLMENT OF OBLIGATIONS
a) KJP shall not be liable to the client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include, (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as KJP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with The Clients wishes.
c) In the event of total photographic failure or cancellation by either party or in any other circumstances 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 losses.
d) If client fails to read and comply with the booking advice, and therefore fails to carry out required preparations prior to a newborn session KJP will not be held responsible of any resulting reductions in quality or quantity in images supplied.
5) PRINTS
a) All images supplied by KJP are done on a fully calibrated monitor and all prints will be a true reflection of the editing carried out by KJP. KJP will not be held responsible for variations in images caused by client viewing images on non-calibrated screens or monitors.
b) All prices are subject to change without notice by KJP. No consideration will be given to previous clients regarding product pricing, availability of package structure or session fees.
6) PREVIEWS/PROOFS
a) Although KJP will do its best to produce more proofs than discussed with The Client there is no guarantee that any particular number of proofs will be produced.
7) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between The Client and KJP, KJP shall be entitled to use its judgement regarding the style and the artistic input in the production of pictures. This include, but is not limited to, locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to The Clients full expectations. IN the event of un-co-operative children at a session of any kind, for any reason, KJP may not be able to capture any, or all the images that The Client may have requested or expected. The Client is responsible for all children at all sessions.
b) KJP fully edits all images deemed to be of high enough technical standard to be included in the gallery and fitting the session brief, before presenting to the client. Additional edits are carried out at the discretion of KJP and KJP reserves the right to charge The Client for additional editing to cover time involved at a cost of £50.00 per image, specifically, but not limited to, the editing of any composite images not previously discussed prior to the initial editing or in some cases prior to placing an order.
c) Permission to reproduce a picture is granted to The Client by KJP, only when a fee for the reproduction has been agreed with KJP and an invoice has been raised by KJP and and paid in full by The Client to KJP.
d) In the event of unauthorised reproduction, The Client shall pay by way of liquidated damages to KJP an unauthorised use fee of £1000.00 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by KJP is personal to The Client and may not be assigned to any third party without KJP’s prior written consent.
f) The Client will fully indemnity KJP against any unauthorised of a picture submitted to The Client made by any third party as a result of any issue arising out of any breach by The Client of any of these Terms and Conditions (including but not by way of limitation, The Client allowing a picture or a copy of a picture thereof to come into the possession of a third party without KJP’s prior written consent.
9) IDENTIFICATION
a) While KJP has taken reasonable care to correctly identify, caption and orientate the pictures it does not accept any liability for loss or damage incurred by The Client or any third party caused by errors.
10) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless The Client notifies KJP in writing of any discrepancy or error within 7 days of receipt.
11) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to The Client’s personal specification (i.e image number, print size, frame style etc) The Client does not have the right to a cooling off period.
b) By placing order with KJP you are committing to buy the ordered products.
12) RETURNS POLICY
a) Incorrectly supplied and items of poor quality can be returned and will be replaced at no extra cost to The Client.
b) Returns will not be considered for incorrectly ordered items or items ordered in error.
c) No return exchange or refund is available on any image once the image proof has been approved and an order placed.
13) USE OF PICTURES
a) KJP retains the rights in all case to use the pictures in any manner at any time throughout the world, for the purpose of advertising , sales or promotion of its work.
14) MODEL RELEASE
a) Unless specified in writing , KJP makes no claim or warranty as to the existence or validity of connected therewith model or any other release in respect of the pictures or as regards the reproduction by The Client of any names or trademarks depicted in the pictures. It is The Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
15) IF ANY PROVISION OF THIS AGREEMENTS HELD TO BE INVALID OR UN-ENFORCABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED AND THE OTHER PROVISIONS OF THE AGREEMENT AHALL REMAIN IN FULL FORCE AND EFFECT.
16) CAMERA POLICY
a) Camera, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio, or on location, without the express permission of KJP.
17) PRIVACY POLICY
a) SW
KJP will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and is password protected at all times.
18. If an online gallery is used, the gallery will be live for 7 days from the link being sent to the Client. If an order is not placed within that timeframe KJP reserves the right to ask for a £10.00 Administration fee to re-open the gallery. Any subsequent re-openings will be charged at £25.00 per week.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF KERRY JONES PHOTOGRAPHY.
Privacy Policy
This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a customer (“you” or “your”). It provides information on what data we collect, why we collect the data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”).
- WHO ARE WE
We are Kerry Jones Photography, 5 camerton grove, Hull, Hu93ps . We are the data controller responsible for your personal data.
- WHAT DO WE COLLECT
We collect the following information from you:
- Personal information: This includes your name, address, e-mail address; phone number; gender and date of birth; country, as well as the names, dates of birth, gender and other details about your family members and other participants in a photography session, together with and other information that you elect to provide to us.
- Payment Information: Information about your debit/credit card and bank account information provided by you to our payment service providers, that we require for the purpose of processing payment for our goods and services.
- Other Information: Personal details you choose to give when corresponding with us by phone or e-mail or visit our studio.
In providing our services we create photographs which may identify you, your family members and other participants and that may be considered personal data. Our photographs may be produced in print and digital format. You are responsible for ensuring that all participants in a photograph sessions have been provided with a copy of this privacy policy.
- HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information in the following ways:
- to provide you with our services and to create and deliver the products you have requested and contact you regarding your use of the services. Such use is necessary to respond to or implement your request and for the performance of the contract between you and us.
- As necessary for certain legitimate business interests, which include the following:
- where we are asked to deal with any enquiries or complaints you make;
- to provide postal communications which we think will be of interest to you;
- if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing; and
- to (a) comply with legal obligations, (b) respond to requests from competent authorities; (b) protect our operations; (c) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (d) enforce or defend legal rights, or prevent damage.
- With your consent, we may use your photographs to promote and advertise our business, including (a) in our studio and in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on our website and other digital advertising of our services; and (c) in social media forums such as Instagram, Pinterest and Facebook.
- We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email only with your consent, if this was given at the time you provided us with the personal data.
- We may use your personal data for other purposes which you have consented to at the time of providing your data.
As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).
- DISCLOSURE OF YOUR INFORMATION
We share your personal data with third parties in the following situations:
- Service Providers: we sometimes engage selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services, and (iii) providers of specialist services, including retouching, printers, framers and book binders. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
- Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our customers may be one of the transferred assets.
- Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.
- PAYMENT INFORMATION
Any credit/debit card payments and other payments you make will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted.
You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details for the purpose of making any future purchases.
- DATA RETENTION
We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain your personal data for 6 months after your photography session and we retain digital files of your photographs for 6 months (this refers to the raw files and high resolution edited images and does not include any images being used for advertising/competitions/social media). When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.
- YOUR DATA PROTECTION RIGHTS
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
- Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
- Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
- Right to object: You may ask us at any time to stop processing your personal data, and we will do so:
- If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or
- If we are processing your personal data for direct marketing.
- Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here).
If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request.
- CONTACT
Questions, comments or requests regarding this Privacy Policy should be addressed to: Kerry Jones Photography, 5 camerton grove, Hull,Hu93ps tel. 07500708505, email. kljones70@hotmail.com