CLIENT AGREEMENT
This agreement is for this website – www.schallerimages.com – and governs the privacy of its visitors. It explains how we comply with the EU’s GDPR (General Data Protection Regulation) legislation and the DPA (Data Protection Act). This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR and DPA are adhered to.
THE DPA & GDPR MAY 2018
This website complies with the DPA (Data Protection Act 1998) and the GDPR (General Data Protection Regulation), effective from May 2018.
CONTACTING US
This website, www.schallerimages.com, collects private user data using the contact form which generates emails sent to schallerimages@gmail.com. The data from these forms is emailed to the address listed above and also stored on the website server, in most cases dating back to when each form was created. The website server is accessible by the website administrators for www.schallerimages.com. By completing any contact form, you agree to Luke Schaller contacting you about Schaller Images’ photography and videography services. Your contact information will be recorded and retained in a customer management system (CMS) and kept securely online in accordance with their privacy policy. You will not be added to any mailing lists and will only be contacted by Luke Schaller personally in relation to your inquiry. Your personal details will not be used for any marketing purposes nor will they be passed onto any third parties. They will be stored in the email generated by this contact form which will be filed in the email account for Schaller Images which is hosted by Gmail and which can only be accessed by Luke Schaller. If you wish to request for any email(s) containing your personal information to be deleted, please email schallerimages@gmail.com.
EMAIL MARKETING
Email marketing messages sent after a visitor has supplied their contact information and specifically requested / consented to being added to the email mailing list may contain tracking beacons / tracked clickable links or similar server technologies in order to track reader activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
CLIENT GALLERIES
Schaller Images creates a client gallery for each client to whom photos are delivered as part of the services contracted. Jordanna Marston Photography’s client galleries are externally hosted by Pixieset. Their privacy policy can be found on their website. To visit a Schaller Images client gallery, you may be required to enter your first name and email address. This personal data (email address) will be stored within Pixieset’s system, on their servers and will be used to email you only with information relevant to the client gallery you have accessed.
Only Luke Schaller will have access to your personal data (email address) stored on Pixieset’s system on behalf of Schaller Images. It will only be used as detailed above, will not be used for any other marketing purposes and will not be passed onto any third parties. Pixieset’s technical support team will have the means to access to your personal data (email address) but will never access or share this data other than by request from Luke Schaller. If you wish to request for your personal data (email address) to be deleted from Pixieset’s servers, please email schallerimages@gmail.com.
EXTERNAL WEBSITE LINKS & THIRD PARTIES
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note that they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
CLIENT DATA HELD ON FILE
We take care over the processes around looking after personal data stored on our physical systems. Schaller Images holds the following personal data of clients:
i) Names
ii) Addresses (including email addresses)
iii) Phone numbers
within soft copy and sometimes hard copy contracts as well as soft copy client ‘day plan’ documents. Soft copy contracts and day plans are safely stored within my password protected home computer. Hard copy contracts are filed in my secure home office. Client photos are safely stored within my password protected home office computer and backed up to an external hard drive.
CLIENTS CAPTURED IN PHOTOS
Under GDPR legislation, a photograph may in some instances constitute a form of personal data where they can be processed to allow “the unique identification or authentication of a natural person”. Schaller Images will never photograph an individual as a means of unique identification or authentication unless consensually contracted to do so. Guests/attendees at events appear in photos taken by Schaller Images as a part of the visual recording of the event in photos. Guests/attendees captured in portraits or in group photos do so as part of the event and their rights are protected by Schaller Images as detailed in this privacy policy.
In terms of explicit GDPR compliance, clients and guests/attendees are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’. The taking of photographs of guests/attendees when viewed as a form of processing personal data is necessary for the legitimate interests of Schaller Images as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.
Operating within the parameters of legitimate interests as laid out in GDPR legislation, the disproportionate effort involved in providing privacy policy information to all event guests at the event and the degree to which it would distract us from performing our job renders it infeasible to do. Clients are therefore requested to direct their guests/attendees to read this privacy policy in advance of the event and to advise them to contact us in advance with any concerns around the processing of their personal data, namely being photographed.
SOCIAL MEDIA POLICY & USAGE
We adopt a safe and responsible social media policy. While we may have official profiles on social media platforms, users are advised to verify the authenticity of such profiles before engaging with, or sharing information with, such profiles. We will never ask for personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
DISPLAY OF IMAGES
We may display any photographs to promote Schaller Images on the Schaller Images website, social media channels, third-party blogs, photography related websites, exhibitions, advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to Schaller Images’ client(s). The rights of the people captured in these photographs are protected by Schaller Images as detailed in this privacy policy.
SESSION FEES
Client agrees to pay photographer a non-refundable retainer at the time of booking with a minimum payment of 20% of the total session cost to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due at or before the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored.
LOCATION COSTS & FEES
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 50 miles of the photographer’s home office in Olympia, WA. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.
RESCHEDULING
If an illness or situation prevents a photo session from taking place, client may reschedule their session one time at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
RE-SHOOTS & REFUNDS
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
PAYMENT
All payments are due in full at the time of session or before the session unless payment arrangements have been made.
DAMAGE
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
LIABILITY
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
Copyright & Penalty
Schaller Images retains all copyrights to all images created during client’s session. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Schaller Images during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen.