Victoria Clare Photography ("Victoria Clare Photography") operates victoriaclarephotography.com and may operate other websites. It is Victoria Clare Photography's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Victoria Clare Photography collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Victoria Clare Photography's purpose in collecting non-personally identifying information is to better understand how Victoria Clare Photography's visitors use its website. From time to time, Victoria Clare Photography may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Victoria Clare Photography also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on victoriaclarephotography.com blogs/sites. Victoria Clare Photography only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Victoria Clare Photography's websites choose to interact with Victoria Clare Photography in ways that require Victoria Clare Photography to gather personally-identifying information. The amount and type of information that Victoria Clare Photography gathers depends on the nature of the interaction. For example, we ask visitors who sign up at victoriaclarephotography.com to provide a username and email address. Those who engage in transactions with Victoria Clare Photography are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Victoria Clare Photography collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Victoria Clare Photography. Victoria Clare Photography does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Victoria Clare Photography may collect statistics about the behavior of visitors to its websites. Victoria Clare Photography may display this information publicly or provide it to others. However, Victoria Clare Photography does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Victoria Clare Photography discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Victoria Clare Photography's behalf or to provide services available at Victoria Clare Photography's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Victoria Clare Photography's websites, you consent to the transfer of such information to them. Victoria Clare Photography will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Victoria Clare Photography discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Victoria Clare Photography believes in good faith that disclosure is reasonably necessary to protect the property or rights of Victoria Clare Photography, third parties or the public at large. If you are a registered user of an Victoria Clare Photography website and have supplied your email address, Victoria Clare Photography may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Victoria Clare Photography and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Victoria Clare Photography takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Victoria Clare Photography, or substantially all of its assets, were acquired, or in the unlikely event that Victoria Clare Photography goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Victoria Clare Photography may continue to use your personal information as set forth in this policy.
In very basic terms I totally respect your personal information and will only ask you for what information I really need from you. I will look after it in the same way I would want mine looking after, by keeping it secure! I will only share it with others where I need their help with delivering a service to you (such as our professional printing laboratory who may need your name and address to post your purchases). Be assured that I will never share your information in any other circumstances – nor will I sell it on elsewhere! Here are more details –
- 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 and Email Address.
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 deliver our service to you and for marketing purposes.
We collect this data on the following lawful basis to fulfil a Contract and only with consent.
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 to personalise your experience.
- Which third parties do we share Personal Data with?
We may share personal data with the following third parties:
Photographic printing lab*, digital gallery provider**, email provider**, Paypal* or other customer payment provider and Back Up providers**.
*Data is not transferred outside of the European Economic Area.
**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 and for marketing purposes.
We may transfer personal data to a country outside of the European Economic Area (EEA) if necessary eg 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 by using Secure Socket Layer (SSL) technology when information is submitted to us online.
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, Telephone, or by Writing to us.
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 along with your relevant details and consent forms. This is due to requests for replacement images being made several years after being taken.
Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean Victoria Clare Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Victoria Cracknell
“Products” shall mean any prints, digitals, USBS, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer 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.
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
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:
- The same amount as the booking fee is due 1 week 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 Victoria Clare Photography. Bank Transfer (BACS) payments are acceptable too.
Late payments or returned cheques will attract an administration charge of £10.
No photographs or products 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.
Licence and Coverage
The Photographer(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 photographs taken shall be deemed correct and not subject to dispute.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(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 should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not 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 USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.
Only quality branded USB’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) cannot be held responsible for damage to equipment resulting from defective media.
Editing and Retouching
Editing, retouching, digital manipulation and artistic finishing is at the discretion of the photographer(s) and will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from requests for further editing will be the responsibility of the Client(s).
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
In the event a product (such as a folio box) 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).
All images shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
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) at all times unless there is express written agreement to the contrary in the form of a Print Release. 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).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Victoria Clare Photography reserves the right to suggest alternative dates.
Insurance & Limitation of Liability
The Photographer(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.
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, 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) attend an Event to perform the Services and any of the Parties fail to attend.
It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and cancel the Event without forfeit on this contract. In the event of noncompliance by any of the subjects the photographer(s) reserves the right to cancel the Event or book a reshoot.
Where the Photographer(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) 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) the following sums-
- Notice received 7 days prior to the Event or more: no charges incurred.
- Notice received less than 7 days but more than 48 hours: 50% of the booking fee.
- Notice received 48 hours or less: 100% of the booking fee.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
All prices quoted are subject to V.A.T at the prevailing rate where applicable.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer 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.
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.
FACEBOOK COMPETITION TERMS AND CONDITIONS
- Prizes must be redeemed within 12 months of issue date
- Prize certificates have no monetary value and can not be exchanged for any other service or product
- Winners must declare their prize at time of booking
- Competitions advertised on Facebook are not sponsored, endorsed, administered by or associated with Facebook in any way
- Competition winners are subject to the same T&Cs as all regular clients