Terms and Conditions and Privacy Policy
Terms and Conditions
The Session and Session Fee
- Sessions are held by Rock and Rose Photography Ltd at the Clients Home or on Location at a Pre-arranged address.
- All Session fees are payable at the time of booking and are non-refundable.
- If you are unable to attend your session, please notify us at least 48 hours prior to your booking. Failure to notify us will result in loss of all session fees paid. A new session fee will be applicable if rebooking. Late notification will be handled at our discretion.
- If you need to reschedule your photography session, please let us know as soon as possible. Session fees are not refundable unless otherwise stated but may be transferred at our discretion and availability.
- Promotional offers are only valid during the time stated on the promotion. Only one promotional offer may be used at any given time. Only one promotional offer may be used per family within a 6 month period.
- New Gift Vouchers issued after June 2021 may be used at any time within 1 year until the date of expiry. School Vouchers and Charity Vouchers are only valid until the expiry date stated on the voucher itself. An extension on any given voucher is at our discretion. A £50 deposit is required on weekends or at busy times of the year. This deposit is to secure our time and is fully refundable OR may be redeemed against any purchase made from your session.
- Studio Gift Vouchers issued prior to June 2021: Studio Gift vouchers can no longer be honoured as the studio is now closed, the holder may transfer their voucher to a new home or location session. The whole balance of the voucher may be used towards the sitting fee and packages offered by Rock and Rose Photography. If it is still possible to honour a specific product we will endeavour to do so, if this option is chosen the cost of the minimum package of £250 must still be met by the voucher holder in line with our current session terms. A £50 deposit is required on weekends or at busy times of the year. This deposit is to secure our time and is fully refundable OR may be redeemed against any purchase made from your session.
It is agreed that these Booking Terms set out herein are the Terms and Conditions upon which your booking is accepted and represents 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.
Our Service
- We will provide a fair 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 in digital media the exact colour of materials as seen by the human eye. Due to differing light temperatures between indoor light (yellowish/orange) and outdoor natural light (blueish), images may show differing hues. We will attempt to minimise this imbalance between the two environments, when possible, but cannot guarantee a complete tonal balance.
- Client Galleries are on our servers / website for 7 days. Galleries will be removed after 7 days from the date the gallery was online, unless a further term is agreed by Rock and Rose Photography. Clients will be notified of the removal of their gallery.
- The Client may have their gallery re-uploaded to the website after their initital 7 day period has elapsed. There will be a £50 deposit required to do so which may then be used towards any further purchases from their gallery. Please note there may be a waiting time to allow for the gallery to be uploaded.
- High Resolution USBs of all images are available for purchase if not included in your package. We guarantee these USBs for 6 months and recommend that they are backed up immediately upon receipt, such backups and copying is fully included in the creative license that accompanies the USB.
- Digital image files are retained for 2 years for Wedding sessions, 6 months for Commercial sessions and 6 months for Portrait sessions.
- Clients must raise any cosmetic issues with their images at the time of viewing. Complaints made in regard to appearance, blemishes etc once images are already be printed or delivered will be handled at our discretion. There may be a charge for retouching services which will be quoted for on an individual basis and dependent on the extent of retouching required.
- We will endeavour to take all the photographs we have agreed. However, it may not be possible due to circumstances beyond our control, for example if timings have altered or the weather changes and shots outdoors cannot be taken or the subjects become reluctant to have their pictures taken or due to technical failure of our equipment. Our photographers will use their best endeavours to obtain their cooperation. We will offer to reschedule your session where possible. At all times we will do our very best to follow your wishes, however photographic coverage will be as the photographer’s professional expertise determines and no one photograph will be deemed more important than another. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the photographs we take at the session, the final selection of images submitted will be entirely at our discretion.
- It is your responsibility to inform us if there are any subjects who you, or another person, do not wish to have pictures taken, in particular pictures of children or if there are any children attending that require their identity / image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the session, please let us know immediately.
- The responsibility of Rock and Rose Photography (including but not limited to photographers, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the customer in the case of any negligence of breach of this contract is limited to the cost to the customer of the booked service at the time of booking, and only to the maximum balance already cleared and paid over to Rock and Rose Photography.
- In exceptional circumstances such as ill health or incapacity and without notice it may be necessary for the original photographer specified to be substituted by another equally competent photographer, or in extreme cases, for the session to be cancelled/postponed. You will be kept informed as much is humanly possible.
- Retouching, digital manipulation and artistic finishing is applied to all sessions, unless specifically told otherwise. This retouching and finishing is built into our pricing structure. We reserve the right to charge additional fees for any retouching that is deemed extensive.
- Force Majeure or Act of God: The due performance of this contract is subject to alteration or cancellation by Rock and Rose Photography owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made.
Orders Placed for Wall Art, Prints, Frames & Products
- Payment for Orders such as Wall Art, Prints, Frames, Canvas and Acrylic is requested at the time of placing the order.
- Once an order has been placed it is NON REFUNDABLE. If you change your mind before an order has been placed with a supplier we will offer an exchange only to the value of the package purchased at the time of viewing. If the order has been placed with a supplier, or collected by the client, the item cannot be changed.
- All goods are quality control checked before they leave our premises. In the event we have missed damage or fault in any product we ask that you notify us within 7 days of collection. We will endeavour to replace faults deemed to be our responsibility as quickly as possible. Where an item is no longer available a suitable alternative will be offered. After this time we will not enter into discussion.
- Sizes quoted are approximate.
- Rock and Rose Photography admits no responsibility to products dropped or damaged by the customer. We will offer to help replace or repair products where possible, but this will be subject to relevant payment charges.
- We will endeavour to ensure the client is happy, should any further complaint be made Rock and Rose photography will decide at their discretion if any action is to be taken with regards to rectifying any issues raised and will be limited to in house adjustments only.
- Please allow up to 6 weeks for collection of purchased products. Rock and Rose Photography LTD will not be held responsible for any delay to your order caused by Force Majeure, Technical error, Supplier Delay or human error. We will endeavour to keep you notified should a delay occur.
Payment Plans
- Goods may be collected when full payment for all items has been received.
- No refunds will be issued for monies paid.
- If a customer decides to cancel their payment plan before the end of the term, goods may be taken to the value of payments made by the client only. No refunds will be issued for monies paid until the date of cancellation.
Copyright
- The 1988 Copyright Act assigns the copyright to Rock and Rose Photography ltd. It is contrary to the Act and strictly illegal to copy or to allow being copied, any photographs or digital images/files (this includes downloading from our web site or social networking sites). All digital image files remain the intellectual property of the photographer.
- Model/Test shoots: All choices of backdrop, props, outfits and themes including lighting style, effect and post production editing styles are the choice of Rock and Rose Photography not the client. If a client has a strong objection to any choices made by the photographer they should be raised immediately at the time of the session. It is up to the client if they choose to purchase any of their model/test shoot images at their viewing (there is no obligation) and therefore must accept that they are happy with all creative choices by the photographer when purchasing. Complaints regarding any creative choices made by Rock and Rose photography will not be considered valid as the client must agree before attending the shoot that they accept our creative choices during these sessions and do not have to purchase any images that are not their preference.
- If a model release form is signed Rock and Rose Photography reserves the right to use the proofs, prints, images and digital image files for display, in publicity and marketing material and on social media, including our Facebook Page, Twitter, Pinterest and Instagram pages, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or photographic subject.
Promotions, Discounts and Incentives
- From time to time we may offer discounts, or introduce promotions and incentive schemes for our customers. Such promotions, discounts and incentives, are subject to change and cancellation at anytime and without notice. They are often run for a specific time periods or to a specific group of customers. Such promotions and incentives may have further terms associated.
- Promotions, discounts and incentives are not applicable to past purchases.
- Complimentary prints included with a session may be any image chosen by the client, excluding any bespoke sized images such as panoramic or montage prints.
- Only one promotional voucher or offer can be used at any one time.
- Special offers made at your viewing are only valid on the day.
- Raffle prizes, vouchers and promotional offers cannot be swapped for an alternative. The included size and product specified must be taken. Upgrades may be accepted at the photographers discretion.
COVID 19 POLICY:
Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), Rock and Rose Photography is taking extra precautions with the care of every client to include enhanced sanitation/disinfection procedures.
Symptoms of COVID-19 include but are not limited to:
High temperature
Sore throat
Headaches
Loss of smell / taste
Fatigue
Dry Cough
Difficulty Breathing
All Clients attending a session must agree to the following:
I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.
I affirm that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not traveled outside of the country, or to any city considered to be a “hot spot” for COVID-19 infections WITHIN THE PAST 30 DAYS.
I understand that Rock and Rose Photography cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form.
I understand that Rock and Rose Photography cannot guarantee that myself or / and my child(ren) will not become infected with COVID-19.
I acknowledge the contagious nature of COVID-19 and I agree to each statement above and release Rock and Rose Photography from any and all liability for the unintentional exposure or harm due to COVID-19.
I voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the photoshoot and that such exposure or infection may result in personal injury, illness, permanent disability and death.
I understand that the risk of becoming exposed to or infected by COVID-19 at Rock and Rose Photography studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to the photographer and other studio employees and contractors, such as assistants and make up artists if those are present.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the photoshoot with Rock and Rose Photography
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Rock and Rose Photography, its employees from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Rock and Rose Photography, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any photography related activities at the studio.
Rock and Rose Photography agrees to abide by these standards and affirms the same.
Rock and Rose Photography is following these enhanced procedures to prevent the spread of COVID-19:
Product delivery can be contactless. Please allow additional time to fulfil orders during the pandemic.
Additional time included between appointments to prevent client contact with each other.
Where possible we are limiting photo sessions to one household families.
Each client required to wash hands/ Sanitise on arrival and during a session.
Your photographer will wear a mask or visor (or at request both) and thoroughly clean their hands and use sanitizer during the whole session. Clients must wear a mask where possible throughout the session (with an exception of when the photos of yourself are being taken).
All photography items and props used during your session will be thoroughly disinfected and disposable items will be used when possible.
GDPR PRIVACY POLICY:
Privacy Policy
Data protection is of a particularly high priority for the management of Rock and Rose Photography LTD. The use of the Internet pages of Rock and Rose Photography LTD is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Rock and Rose Photography LTD. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, Rock and Rose Photography LTD has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of Rock and Rose Photography LTD is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
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a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
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c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
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d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
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e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
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f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
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g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
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h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
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j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
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k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Rock and Rose Photography LTD
Email: info@rockandrosephotography.co.uk
Website: www.rockandrosephotography.com
3. Collection of general data and information
The website of Rock and Rose Photography LTD collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Rock and Rose Photography LTD does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Rock and Rose Photography LTD analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
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a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
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b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
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c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
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d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Rock and Rose Photography LTD, he or she may, at any time, contact any employee of the controller. An employee of Rock and Rose Photography LTD shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Rock and Rose Photography LTD will arrange the necessary measures in individual cases.
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e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Rock and Rose Photography LTD, he or she may at any time contact any employee of the controller. The employee of Rock and Rose Photography LTD will arrange the restriction of the processing.
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f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of Rock and Rose Photography LTD.
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g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Rock and Rose Photography LTD shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Rock and Rose Photography LTD processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Rock and Rose Photography LTD to the processing for direct marketing purposes, Rock and Rose Photography LTD will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Rock and Rose Photography LTD for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of Rock and Rose Photography LTD. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
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h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Rock and Rose Photography LTD shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Rock and Rose Photography LTD.
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i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Rock and Rose Photography LTD.
6. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Meta, Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
7. Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
8. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
9. Data protection provisions about the application and use of Pinterest
On this website, the controller has integrated components of Pinterest Inc. Pinterest is a so-called social network. A social network is an Internet social meeting place, an online community that allows users to communicate and interact with each other in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or allow the Internet community to provide personal or company-related information. Pinterest enables the users of the social network to publish, inter alia, picture collections and individual pictures as well as descriptions on virtual pinboards (so-called pins), which can then be shared by other user’s (so-called re-pins) or commented on.
The operating company of Pinterest is Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Pinterest component (Pinterest plug-in) was integrated, the Internet browser on the information technology system of the data subject automatically prompted to download through the respective Pinterest component a display of the corresponding Pinterest component. Further information on Pinterest is available under https://pinterest.com/. During the course of this technical procedure, Pinterest gains knowledge of what specific sub-page of our website is visited by the data subject.
If the data subject is logged in at the same time on Pinterest, Pinterest detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Pinterest component and associated with the respective Pinterest account of the data subject. If the data subject clicks on one of the Pinterest buttons, integrated on our website, then Pinterest assigns this information to the personal Pinterest user account of the data subject and stores the personal data.
Pinterest receives information via the Pinterest component that the data subject has visited our website, provided that the data subject is logged in at Pinterest at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Pinterest component or not. If such a transmission of information to Pinterest is not desirable for the data subject, then he or she may prevent this by logging off from their Pinterest account before a call-up to our website is made.
The data protection guideline published by Pinterest, which is available under https://about.pinterest.com/privacy-policy, provides information on the collection, processing and use of personal data by Pinterest.
10. Data protection provisions about the application and use of Twitter
On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
11. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
12. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
14. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract. Photo Sessions will be held on file for no less than 6 months, Sitting cards and model released sessions will be held indefinitely unless otherwise requested. Payment Plan forms are retained until completion. Studio Diary bookings and the data within are stored for no less than 1 year before destruction. Hard drives with session back ups are stored for one year for the preservation and protection in case of fire, theft or damage.
15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.
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