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Privacy Policy

Our Privacy Policy

Your trust and confidence in Digital Photo is important to us and we are committed to safeguarding your personal data and will only ask you for information we really need from you. We 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 to deliver our service to you (such as our photographers who may need your name and address to carry out your assignment). Be assured that we will never share your information in any other circumstances - nor will we sell it on elsewhere.

The Information Commissioner's Office has informed us that a photograph of a single individual is, or may be,  Personally Identifiable Information (PII),  it is very unlikely that you will be unwillingly photographed by one of our photographers. If you don't want to be photographed, indicate that to the photographer, step out of any group photograph, tell the photographer or the commissioning client, at any time on the shoot or at any time afterwards, if you later change your mind.


Here are more details ...
Introduction

Digital Photo, the London PR Photographers, take your privacy very seriously. This privacy policy has been prepared in line with the UK Data Protection Act 2018 and EU's General Data Protection Regulation (GDPR), which promotes fairness and transparency for all individuals in respect of their personal data.

Digital Photo is wholly owned by The Digital Asset Lab Ltd. This privacy policy applies to all data we process and by using The Digital Asset Lab Ltd you consent to our collection and use of such data.

We are registered with the Information Commissioner's Office, our registration number is ZA380076 and if you would like to get in touch about anything in this policy or about your personal data then please contact our Data Protection Officer at Email: GDPR@thedigitalassetlab.com or by mail to The Digital Asset Lab Ltd., 86-90 Paul Street, London EC2A 4NE. All GDPR related communications must be in writing.

1. The data we collect

We are either a Data Controller, Data Processor or a Data Sub-Processor on behalf of our clients who contract us to take photographs or provide other photographic and  imaging related services as directed and both you or they may pass on PII data to us.

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, but it will be the minimum we need to provide an outstanding service to you.  In our role of Data Processor or Data Sub-Processor we will manage your data securely.

We may ask you to provide us the following information (data) depending on if you are a direct personal client or a business client and if you contact us by mail, phone, email or via our web site.

Name
Business Name / Job Title
Address
Telephone - Land line / Mobile
Email
Age (see note below)
IP address (see note below)

Age: We may also record a date of birth for all persons photographed under the age of 13 as they require a parent or a legal guardian to consent to photography, on attaining 13 they have a right to review or revoke their parents or guardians consent, who may revoke it at any time up to 13.

IP address - If you contact us via our web site contact form, then we will record your IP Address simply because our web site security uses IP addresses to counter any phishing, denial of service (DOS) attacks or data hacking attempts which is part of our security measures to protect your data. If you don't want your IP Address recorded, use our email address - admin@digital-photo.co.uk

Obviously being a photographic business we also create and manage images as per our contractual agreements and we may add data subjects names as metadata to the image file so we know who is in the photograph and if required any job title and company name. We may add the client details too, if we are contracted by a company to take photographs of their data subjects. We add this data on the following lawful basis: to meet our contractual obligations.

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. If you become a client of ours, we will retain the data for 7 years after you cease to be a client to ensure we can meet our legal obligations such as tax legislation purposes. After this time we will securely archive photographs indefinitely along with relevant contract details which will be required for legal obligations. This is due to requests for replacement images being made many years after being taken.

2. Which third parties do we share Personal Data with?
  1. Our accountants, Registered with the ACCA (EEA)
  2. Google for email and other administrative solutions (US)
  3. Our photographers (EEA)
  4. MediaFiler - Secure online delivery & viewing of photography shoot results (EEA)
  5. MediaFiler - Secure online sales of event images (EEA)
  6. Secure online payment provider - PayPal (EEA)
  7. Secure and encrypted file delivery services (EEA)
  8. Email marketing provider (EEA)
  9. Our website contact form - via our website host (EEA)

Apart from item 2, data is not transferred outside the European Economic Area (EEA) and item 2, Google, 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.

We may transfer personal data to a country outside of the 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 and adequate decision has been taken with regard to the third country or international organisation:

  • In accordance with GDPR Article 45(3).
  • Appropriate safeguards have been taken, in accordance with GDPR Article 46.
  • One of the conditions in GDPR article 49(1) is met.

3. Why do we share your Personal Data with the above?

1: Accountants - to comply with our legal obligations
2 & 9: Google / contact form - to communicate with and provide a service to our clients and administer our business.
3 - 7: To provide an secure service to our client and meet contractual obligations.
8: Provide occasional information to clients, such as significant changes to our security police in future.

4. How do we keep your personal data secure?

We keep your data secure following industry best practice, following ICO checklists, using Secure Socket Layer (SSL) technology when information is submitted to us over the internet, storing image data and data securely, using secure encrypted file transfer services for sensitive material, secure disposal of PII and other measures. In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours.

5. Changes to our privacy policy

We may change this privacy policy from time to time. When we do, we will let you know by changing the date on this policy, notifying customers only of significant changes. By continuing to access or use our services after those changes become effective, you agree to be bound by the revised privacy policy.

6. 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 that you have provided to us, from one IT environment to another or to you.
- 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).

7. Who to contact

You should contact the Data Controller.  If you know or think that The Digital Asset Lab is the Data Controller, then please contact the Data Protection Officer via Email: GDPR@thedigitalassetlab.com or by mail to The Digital Asset Lab Ltd., 86-90 Paul Street, London EC2A 4NE. All GDPR related communications must be in writing, we will help you.

Last updated May 2018

Cookies

Use of cookies by digital-photo.co.uk

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Below we explain the cookies we use and why.


Universal Analytics - Google (USA)
  • ga
  • gid
  • gat
  • gtag_UA-1331854-1
Statscounter (EEA)
  • sc_is_visitor_unique
Why do we use these cookies

These cookies are used to collect information about visitors and how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website, from where the visitors have come to the website and the pages they visited, we only have two pages, our main page and this page.

Read the overview of privacy and safeguarding data by Google (USA) and Statcounter (EEA)

How to change cookie settings and opt out

To opt out of being tracked by Google Analytics across all websites, visit Google.

How do I change my cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

To find out how to manage cookies on popular browsers use the list below:

Last updated May 2018

Terms & Conditions

In the following Terms and Conditions


"Business" shall mean The Digital Asset Lab Ltd and The Digital Asset Lab Ltd t/a Digital Photo / Digital-photo.co.uk
"Client" shall mean Clients, "You" the Parties to the Contract
"Shoot" shall mean the Photo Shoot / Event / Job title in the Contract
"Photographer" shall mean photographer(s) assigned by The Digital Asset Lab Ltd
"Products" shall mean any discs, albums, USB sticks, portable hard drives or other items listed in the Contract;
"Services" shall mean photography to be carried out at the Shoot and any other Services agreed between the Client and the Business 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.


Fees

We do not charge a booking fee but we reserve the right to charge a cancelation fee if the photo shoot is cancelled within 24 hours of the shoot. In central London for a normal PR shoot we charge an inclusive fee for the first hour and travel to / from the location. A supplement travel fee applies outside central London. We charge by the hour, with half day and day rates available.  All prices are subject to VAT at the prevailing rate.

Payments

We expect our invoices to be paid within 30 days. Where reproduction of images has taken place and settlement has not been made, the Business will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

License and Coverage

The Photographer 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.

For Shoots involving venues where Photographer' movements are sometimes restricted by the official in charge: photographing of parts or even all of the occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer shall endeavour to fulfil the Clients' requirements, the Business and the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, or shooting 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 Business and should be agreed in writing. Where the Business is unable to accommodate alternative arrangements (such as change of date and or venue) the Businerss is not liable to compensate the Client in any way whatsoever.

Use and Display of Images

The Clients hereby allow the Business and the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographer' portfolio. Published 'Tear sheets' and photographs that are released into the public domain by the client for their PR / publicity or that of their client's may be used by the Business and the Photographer as publicity material on their websites, magazine articles about the Business, and other such media, providing that the images are used lawfully and without damage to the Client.

By signing this contract you consent to the use of such images. Images placed in secure GDPR compliant password protected galleries are not available to the general public in the normal course of business. Other than via the password protected private gallery the Business agree not to resell any image to a third party other than with prior written consent.

Image and Reproduction

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Business and may be subject to slight variation. Whilst every effort will be made, the Business 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 CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players including those within 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 Business cannot be held responsible for damage to equipment resulting from defective media.

Retouching

Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.  Preparation for press publication will normally be a 9 x 6" digital image at 300dpi.

Reorders

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.

Products

In the Shoot a product (such as an album, folder or finish) 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. Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client.

Ownership

Any negatives and / or digital files shall remain the sole property of the Business at all times. All completed products shall remain the property of the Business 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 Business 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 digitally, photographically, electronically or by any other means an image created as part of this contract without the written permission of the Business.

Substitution

In the unlikely Shoot that the assigned Photographer is unable to attend your Shoot due to unforeseen circumstances, The Digital Asset Lab Ltd reserves the right to appoint another suitable Photographer to attend the Shoot on our behalf to undertake the photography to his/her best ability.

Insurance & Limitation of Liability

The Business or the Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Business or Photographer, The Digital Asset Lab Ltd, their employees or agents or otherwise and it is the Client's responsibility to insure against such loss or damage.

Ownership

Any negatives and / or digital files shall remain the sole property of the Business at all times. All completed products shall remain the property of the Business until full payment is received.

Please see our Privacy Policy in respect of the Data Protection Act 2018 and we remind the Client that they must obtain and satisfy themselves that all necessary rights, model releases, clearances, agreements  or consents which may be required for the photographing and reproduction of people, places or items depicted within any photographs are obtained. For the avoidance of doubt, where we act as the data processer or data sub-processor the client is the data controller.

The Client shall indemnify the Business against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
The Business and the Photographer 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 Shoot. A Force Majeure Shoot means an Shoot 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 attend a Shoot to perform the Services and any of the Parties fail to attend.

Complaints

All complaints should be raised by the Client directly to the Business in writing within 14 days of the occurrence which gives rise to the complaint. The Business 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 Business address below.

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.
 

Business Contact Details

Digital Photo, The Digital Assetlab Ltd., 86-90 Paul Street, London EC4A 4NE.  E:  admin@digital-photo.co.uk  T: 020 89 330 440

Last updated May 2018