GDPR and Terms and Conditions
At Kismet Photography, we take your privacy very seriously...
GDPR
The EU General Data Protection Regulation replaced the Data Protection Directive 95/96/EC on 25th May 2018. The objective was to bring unity to data protection and privacy across Europe, and to alter the way businesses and organisations approach the personal data they collect from clients and customers. Though we have always aimed to be as transparent as possible and have always put the privacy and security of our clients first, Kismet Photography is now obliged by law to detail what data it collects from you, how and for how long it is stored, and to what purpose. Any data that we hold can be changed or viewed by you at any time, including the images that are stored in our system after your photoshoot.
PRIVACY POLICY: PERSONAL DATA
WHAT IS OUR DATA?
We are Kismet Photography which is a trading name of Kismet Photography and Print Ltd. We are based at Studio 3, Norton Enterprise Park, Whittle Road, Salisbury, Wiltshire. SP2 7YS.
Our Registered Office is: Windover House, St Ann St, Salisbury, Wiltshire. SP1 2DR
Our Company Number is: 09869102
Our VAT Number is: 376280183
Our email address is: mail@kismetphotography.co.uk
Our telephone number is: 01722 340022
WHAT DOES KISMET PHOTOGRAPHY COLLECT?
Kismet Photography requires very little personal information about its clients, beyond the basic name, address, email, and telephone number. This information is used simply to make contact and arrangements, and to provide you with the details of your contract. We only collect data deemed strictly necessary for the smooth-running of the business. You will be asked for bank and/or card details when making a payment over the phone; alternatively, payment can be made in person via card payment or bank transfer or via invoice.
WHAT HAPPENS TO THIS DATA?
Kismet Photography is responsible for this data, and it is not shown to any parties that are not directly involved in the photography or administration process. No third parties will be privy to this information unless expressly outlined in your contract or by law. Bank details are not stored within any of the company systems. Within the business, we have strict procedures in place to ensure that your details are dealt with effectively and securely.
WHAT ELSE MIGHT WE DO WITH YOUR DATA?
Ideally, Kismet Photography would like to retain your contact details in order to get in touch with you regarding model callouts, future offers, and opportunities within the business that might be of direct interest to you. Once again, this can be reversed at any time by contacting us directly.
WHAT ARE YOUR RIGHTS, ACCORDING TO GDPR?
The GDPR includes the following rights for individuals: the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object, and the right not to be subjected to automated decision-making, including profiling.
If it comes to your attention that the information we have collected about you is incorrect, please request to have this changed or deleted, by contacting us directly.
If you would rather we permanently removed your personal data from our system, please also get in touch with us. If you have a complaint about how your personal data has been handled, or how your request has been handled, please also send us an email or telephone us directly, so that we can investigate further.
If you are still not yet satisfied with how your personal data has been handled, and do not feel it has been dealt with in accordance with the law, you are entitled to complain to the Information Commissioner’s Office (ICO).
TERMS AND CONDITIONS
The terms stipulated on the original booking form comprise the agreement made between Kismet Photography and the client. No variation or alteration on this initial agreement will be deemed valid unless expressed by both parties in writing.
1. SPECIAL REQUESTS
It is understood that the photographs taken will be as the photographer has determined through his/her professional expertise. Special requests can be made to the photographer in writing but may not be possible. Every attempt will be made to meet the client’s wishes.
2. DATE AND TIME
The photographer reserves the right to arrange an alternative date and time for the session due to ill-health or unforeseen circumstances. The photographer will make every attempt to notify the client of the situation within a reasonable notice period, but this may not always be possible. If contact is not possible, the photographer is still able to substitute the date and time of the appointment with an alternative as agreed by both parties.
3. IMAGE SIZE AND EDITING
Image sizes are determined according to the product list, and all purchased images will be provided to the client at a high enough resolution for the determined size. The photographer will edit all purchased images to create a pleasing colour balance. Exact colour, as registered by the naked eye, cannot be guaranteed due to anomalous factors during the photoshoot. Specific requests regarding editing and retouching must be made at the time of viewing the photos or before. Not all requests will be possible, but the photographer will make every effort to fulfil the client’s wishes.
4. INCLUDED RETOUCHING
Editing and basic retouching is included in the price of your photoshoot and purchased images equivalent to 4 hours work time. Clients may purchase additional editing but understand the time and feasibility limitations on requests.
5. COPYRIGHT
The Copyright, Designs, and Patents Act 1988 protects all images and copies of images stored digitally or otherwise, as well as all other digital files or printed documentation. It is contrary to the Act to copy or permit photographic or electronic copying of any images produced within the terms of the contract without the written permission of the photographer. Where a physical photo album has been produced, any break in the seals of the album will be deemed a breach of contract. It is also prohibited to add filters to or edit any digital images.
6. REORDERS
Any future reorders of digital or printed images will be considered as an extension of the original contract, and the photographer will not be responsible for any errors unless the order is given in writing.
7. NEGATIVES/DIGITAL FILES
The original negatives and/or digital files produced in the photoshoot will remain the intellectual property of the photographer, unless specified as part of the contract or in writing. The photographer will seek permission to share these original images electronically or in print, but this will only take place upon a written agreement between both parties. The RAW files are NEVER released and this is non negotiable.
8. ARTISTIC LICENCE
All locations and poses will be decided by the photographer, who will be granted full artistic licence. The photographer will also decide how many images are necessary to finish the photoshoot. The photographer’s decision is final.
9. ACTS OF GOD
The contract is subject to change and cancellation by either party if the cause is deemed by both parties to be beyond their control.
10. IMAGE PREVIEWS
The client will be invited back into the studio approximately two weeks after the initial photoshoot to view the best images produced. The quality of each image, when putting together the collection, will be decided by the photographer. The photographer cannot guarantee that any particular number of photographs will be suitable for this viewing or future purchase.
11. DISPLAY OF FINAL IMAGES
The photographer may not display any images produced in the photoshoot online, in their studio, in their portfolio, on their website, in literature, or in any exhibitions to advertise the photography business or otherwise, unless signed written consent is acquired from the client. Images will not be used publicly or privately for any reason or purpose by the photographer unless expressly, and in written form, approved by the client.
12. BOOKING FEE
A non-refundable booking fee is required to secure the studio session. Payment of the booking fee is taken as acceptance of the terms and conditions of the contract.
13. CANCELLATIONS
Please refer to your booking confirmation for cancellation terms.
14. LIMITATION OF LIABILITY
Should the contract be cancelled by either party, for any reason at all, the liability of each party is limited to the total value of the contract. Neither party shall be liable for indirect loss.
15. COMPLAINTS
Complaints from client to photographer should be raised in writing within 28 days of the incident that caused the complaint, or within 28 days of receiving any faulty products or incorrect images.
16. SAFETY, PRIVACY, & MODESTY
It is the photographers preference to imply nakedness rather than photograph babies or children unclothed. An exception may be considered only by special request of both parents, particularly where images are requested to reflect the ‘newness’ of the baby. The photographer will avoid, wherever possible, photographing the baby’s private areas, but cannot ensure the baby will remain still as the shutter closes. All photographs that show the baby’s private areas will be immediately deleted, in the client’s presence, and the photoshoot will progress as planned. If the client is uncomfortable with the style of photographs being taken, he/she must express this at the time. No photographs will be retaken after the photoshoot has ended, and the style cannot be changed. Unreasonable stylistic requests will be accepted at the photographer’s discretion.
If you have any further questions about our Terms and Conditions or our use of your data, please don't hesitate to give us a call on 01722 340022, or send an email to mail@kismetphotography.co.uk