In very basic terms we totally respect your personal information and will only ask you for what information we really need from you.
Will look after it in the same way we would want ours looking after, keeping it secure! We will only share it with others where we need their help us deliver our service to you (such as our professional printing laboratory who may need your name and address to post your purchases).
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 Name Address Postcode, Telephone Number(s) Email / IP Address etc.. We will also record a date of birth for all persons we photograph under the age of 13 and require the parent or a legal guardian to consent to photography.
Obviously being a photographic business we also create and manage images as per our contractual agreement(s).
We use the above data to -
To deliver our service to you For marketing purposes pre discussed in your contract when booking
Personalise your experience
To provide account access
We collect this data on the following lawful basis Consent by contract and clear terms and conditions
When you visit our website we 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 – Personalise your experience Deliver our service to you, Marketing Purposes .
How do we keep your personal data secure?
We keep your data secure By following internal policies of best practice and training for staff. Encryption 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:
Phone – 07930 434107
Email - Elizabethkeates@mac.com
Writing to us – 21 Bradway , Whitwell, Herts, SG4 8BE
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 for up to 7 years after our working contract with you has finished for Tax legislation purposes After this time we will archive your photographs indefinitely, excluding those used in portfolios, along with your relevant details and consent forms. This is due to requests for replacement images being made several years after being taken.
PRIVACY NOTICE - Further details on GDPR
Objective To describe how we collect and use personal data about you in accordance with the General Data Protection Regulation (GDPR)
EK Photography will only collect basic personal data about it’s customers and suppliers which does not include any special categories of personal information (Known as Special Category Data).
The data collected includes: Customers: • Name and address • Date and type of event photographed Suppliers: • Full Business name and address or registered address • Delivery or collection Address • Contact persons e-mail and telephone numbers • Company registration numbers • VAT number • Insurance Details • Society Details (for membership requirements)
Why EK Photography needs this information:
To fulfil our contractual obligation to you as our customer or supplier. EK Photography will not ask, or collect from you, any personal information we do not need to meet our agreed contractual obligation.
Lawful Processing Conditions: EK Photography will only use your personal data with your consent, or where applicable to: • Complete our contractual obligation • Comply with legal requirements • Protect your vital interests • For our own Legitimate interests Certain legitimate business principles may require us to process your personal data to comply with the some of, or all the following: • To identify and prevent fraud • In line with all legal and regulatory requirements • To comply with public tasks or Vital Interests EK Photography will not sell your data to any 3rd Party.
As part of our contractual agreement and in line with our business requirements, EK Photography will control to the best of our ability all photographs that are placed on our own websites that is within the public domain, to remain in line with the GDPR rules. • We will only put photographs on our website with either the Family name OR Christian names only, no other form of personal identification will be placed on our website in relation to your contract or photographs.
How long will we keep your data?
EK Photography will keep your data for the period agreed at the time of booking the photography shoot. We will continually review what information we hold and will delete the personal data that is no longer required. We will not retain your data for any longer than is necessary and the longest we will keep your data will be seven years (in-line with all accountancy, invoicing and tax regulations).
Your Rights: Individuals have the right to access any personal data that EK Photography may hold. You have the right to: • Request to rectify, restrict and delate any personal data held by EK Photography • Object to any data being held by EK Photography • Revoke Consent and any time • Complain If you wish to complain about the way in which EK Photography handle your personal information (and without prejudice to any other rights you may have), please contact EK Photography, so we can investigate the matter.
PAGE 1 OF 7 Definitions:
“Business” shall mean Elizabeth Keates Photography and videography, Elizabeth Keates photography also Keates Photography London “Client(s)” shall mean “You” the Parties in the Contract “Event” shall mean the Event title inserted into the Contract “Photographer(s) and or Videographer(s)” shall mean Elizabeth Keates Photography & videography and also Keates Photography London.
“Products” shall mean any USB’s, video’s, photographs, discs, albums or other produced items listed in the Contract “Services” shall mean photography (and or) videography to be carried out at the event and any other services agreed between the Client(s) and the Photographer / videographer and set out in the contract It is agreed that the following terms and the contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.
Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions. £500 or 25% Booking Fee The booking fee is 25% of the quoted price or £500, the highest is required.
The Photographer(s) and or videographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.In the event of the final balance not being paid 14 days before the event date Elizabeth Keates Photography & Keates London will cancel the booking without refund of any monies paid.
Payments Elizabeth Keates Photography & videography will be in contact with you approximately [3-4] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary.
Any remaining balance is to be paid in advance of that meeting date. All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows: • 25% or £500.00 none refundable booking fee is due on booking prior to the event date; • The remaining balance is due 14 days prior to the event date. •
Payment for any additional images or products must be made at the time of order. Failure to make payment by the dates stipulated may result in cancellation. All cheques should be made payable to Elizabeth Keates Photography.
Bank Transfer (BACS) payments may be made to HSBC : Elizabeth Keates Photography, sort code 40 -24 -20, account number: 21733001.
Late payments or returned cheques will attract an administration charge of £10.00. No photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract. License and Coverage: The Photographer(s) and or videographer(s) 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 Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute. For Events involving a church ceremony or at certain other venues, the Photographer(s) and or videographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting.
The Photographer(s) and or videographer(s) cannot accept responsibility for limited coverage in such circumstances. Whilst the Photographer(s) and or videographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) and or videographer(s) 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.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and or videographer(s) and should be agreed in writing. Where the Photographer(s) and or videographer(s)is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) and or videographer(s)is not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images The Clients hereby allow the Photographer(s) and or videographer(s) to display any images and or video and film clips relating to the contract and to generally promote the business in the Photographer(s) and or videographer(s) portfolio and 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 Client(s).
By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer(s) and or videographer(s) agrees not to resell any image to a third party other than with prior written consent. No re-editing, Photoshop or any other changes shall be permitted by the client after receipt of products. Re-use and reprints may be permitted for friends and family at the express consent of the photographer.
Image and Reproduction All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and or videographer(s) and may be subject to slight variation.
Whilst every effort will be made, the Photographer(s) and or videographer(s) cannot guarantee exact colour matching and can not be held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but the Client acknowledges that discs may not play on all CD/DVD players and computers.
Only quality branded CD’s and DVD’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage.
The Photographer(s) and or videographer(s)cannot be held responsible for damage to equipment resulting from defective media.
Retouching Your package will include edited and print ready images. Should you require any further digital manipulation in Photoshop, there will be an additional charge of £35 per image. Re-orders All re-orders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered.
The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s).
Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership Any negatives and/or digital files shall remain the sole property of the Photographer(s) and or videographer(s)at all times.
All completed albums and products shall remain the property of the Photographer(s) and or videographer(s)until full payment is received.
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 The Photographer(s) and or videographer(s)at all times unless there is express written agreement to the contrary.
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 the Photographer(s).
Substitution In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Elizabeth Keates Photography (and or) videography reserves the right to appoint another suitable Photographer(s) and or videographer(s)to attend the Event on our behalf to undertake the photography (and or) videography to his/her best ability.
Insurance & Limitation of Liability The Photographer(s) and or videographer(s)will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss. Force Majeure The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.
A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, illness, injury, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
For the avoidance of doubt, it does not include circumstances where the Photographer(s) and or videographer(s)attend an Event to perform the Services and any of the Parties fail to attend. Cancellation Where the Photographer(s) and or videographer(s)has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) and or videographer(s)will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) and or videographer(s)the following sums- • Notice received 365 days prior to the wedding date or more: Booking Fee only. •
Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable. •
Notice received of 182 days or less: 100% of the agreed balance will be payable. Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000 and the date of cancellation will be deemed to be the date the Photographer(s) and or videographer(s)receives written Notice of Cancellation, as confirmed by the Photographer. Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) and or videographer(s)will retain any fees paid and confirm the new Event Date, Time and Services to the Client. Conduct & Safety The Photographer and or vidographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects.
Unchecked guest conduct that interferes with photography (and or) videography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken.
If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted. Polite Request That the photographer(s) and or videographer(s)is/are provided with a hot meal when working on location.
VAT All prices quoted are subject to V.A.T at the prevailing rate (if applicable). Complaints All complaints should be raised by the Client directly to the Photographer and or videographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer and or videographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Notices Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and jurisdiction The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
It is understood that Elizabeth Keates Photography & Videography is the exclusive videographer and photographer retained by the client to cover outlined event.
Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client. • Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Elizabeth Keates Photography & Videography each event, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions. The client warrants that he/she has the legal rights to anything Elizabeth Keates Photography & Videography will videotape, including photos, musical recordings, videotapes, or any other materials delivered to Elizabeth Keates Photography & Videography for inclusion in the clients video. •
Elizabeth Keates Photography & Videography is not responsible for poor audio if the client does not make proper and correct use of the supplied sound equipment, boom microphone, riffle microphone, lapel microphone, etc. Dark or grainy video resulting from inadequate lighting or the refusal of the client to allow camera-top lighting at the location, or electrical or mechanical malfunctions on location that are beyond our control.
Elizabeth Keates Photography & Videography will establish an arrival time for the event date with the client prior to that date and remain on duty for the number of hours included in the package. Coverage hours included in the package are for the event / booking date only and must be consecutive. Elizabeth Keates Photography & Videography reserves the right to use videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of Elizabeth Keates Photography. Artistic Style.
On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Elizabeth Keates Photography & Videography’s portfolio and is requesting services with knowledge of the company’s style and that Elizabeth Keates Photography & Videography’s work is constantly evolving; that the Elizabeth Keates Photography & Videography's services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
The client has one re-edit included, further edits are charged at £45.00 per hour. The client understands that the photographer and or videographer may choose to use a low aperture F-Stop during the shoot this will add a definition to the subject separating them from the back-ground. Should you not wish this please make it know in writing before the event. •
If Elizabeth Keates Photography & Videography fails to comply with the terms of this agreement due to any event or at beyond the control of Elizabeth Keates Photography & Videography, including but not limited to illness, accident, labour disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Elizabeth Keates Photography & Videography’s liability is limited only to a refund of all monies received.
• SIGNATURE: Receipt of the booking fee is confirmation that the above conditions are agreed between both parties.