Licensing and Security: Terms and Conditions
For all enquiries: office@vervate.com
IF YOU HAVE ANY ENQUIRIES ABOUT OUR PRIVACY & SECURITY PROCEDURES, OR IF YOU HAVE AN ENQUIRY RELATING TO YOUR OWN PERSONAL DATA THAT WE HOLD, PLEASE USE THE CONTACT FORM AND TELL US. WE’LL GET BACK TO YOU ASAP.
Contacting Liz Finlayson Photography
When you complete our online Contact Form, we will store it in our email server called Rackspace. Click on their names below for further information about their high levels of security.
Be assured that we absolutely never pass on your details to anyone without your consent. We will also always ask you if it’s ok to contact you with other information when we answer your enquiry.
PHOTOGRAPHS
Photographs are held in the following legislation, which Liz Finlayson Photography
adheres to:
Photographs are classed as personal data in the UK GDPR although no guidance has yet been released. In the meantime, we are taking all other steps to be GDPR compliant.
Taking Photos
Where photographs are taken for a client of Liz Finlayson Photography’s (in UK GDPR speak they are the ‘Controller’), we do so via a contract and Licence to Use. If you have issues about this then please do contact us directly or if you are an employee, refer directly to your employer or HR Department for clarification.
Where a photograph is taken in a public space, Liz Finlayson Photography retains the right to own the photograph in lieu of further or differing GDPR legislation.
Where a Vervate Photographer (a ‘sub-processor’) asks you for consent to take your photograph – for instance posing in a shopping centre, then we will take that as consent in lieu of further guidance from UK GDPR. Such occasions are already under the legislative banner of the DPA. You can also refer any concerns about that to the owner of the space you are in (for example the Shopping Centre).
VERVATE TRUST POLICY: We do therefore have a pertinent Business Interest for taking photographs and processing them, but please do be assured that we take security and your own identity very seriously.
Images Online
Vervate take images via a contract with one of our client’s (GDPR terms them as the ‘controller’). We are usually allowed in that contract to use various images to market our services. We are always very sensitive about which images we use and don’t use – with the subject of the photo our prime concern. If you see an image of yourself that do not wish to be public, that is credited to Vervate, please contact us. We are likely to refer you to our own client as the controller of the information held about you.
Image Security
When we have taken a photograph, we will then edit it, transfer it to our client and store it safely. We may also use it to market our services or on a private gallery for clients. Personal data further than just facial or location identification may occur in the title of the photograph (eg your name) or in the Metadata – information about a photograph that explains what it is and is stored ‘behind’ an image – you can view it using software such as Photoshop. This information is really important as it also helps us to keep track of where are photographs have been used and for anyone to find out who took it.
All of our cloud and hard disc drives have double encryption security barrier.
Personal Data
We store paper copies for the legal requirement of 7 years. However, give that we use as little paper as humanly possible, the data is online. Online and external cloud providers* are also secure:
Rackspace (email provider) | |
Mailchimp (for our newsletters only) | |
We Transfer | https://wetransfer.zendesk.com/hc/en-us/articles/360000341863-GDPR-compliance |
Dropbox | |
Shootproof | |
WP Engine | |
WordPress site | Updated every week with security patches All images are right click disabled and low compression |
Shootproof Galleries
These are sent to the controller as private password protected galleries. The content is live for 30 days only.
Right To Erasure, Including Retention And Disposal
We routinely and securely dispose of personal data that is no longer required, in line with the agreed timescales as stated in our contract with the Controller.
This does NOT apply to photographs which we store for business interests. Contact us for any enquiries or concerns.
Terms and Conditions – Registered address: Preston Park House, South Road, Brighton, BN1 6SB
Email: office@vervate.com
Vervate Ltd is a company registered in England and Wales, No. 09814969
DEFINITIONS
The Photographer is contracted to Vervate and is the Author of the photograph. As such the photographer has copyright but Vervate has ownership of photographs.
The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
Vervate administers the licensing of the works of the Photographer
These terms and conditions represent the entirety of the agreement between Vervate and the Client. Any variation is only applicable when agreed in advance and in writing.
REPRODUCTION RIGHTS
The following terms are used when describing the reproduction rights granted by Vervate to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures with a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied for purposes agreed by Vervate beforehand
BOOKING & CANCELLATION
Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Vervate will not accept any other work from other clients for those times and dates and as a result, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule (at Vervate’s discretion):
Cancellation Fees
We understand that things can go wrong and will always seek to be as reasonable as possible – these charges are thus at the sole discretion of Vervate Ltd.
7 working days notice: 50% of the full fee
Within 72 hours notice: 100% of the full fees
In cases where other work has been declined: 100% of the full fees
PAYMENT TERMS
Our payment terms are strictly 14 days from date of invoice
If payment is not made in accordance with (a) above then Vervate may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
A fee of £15 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client may become due of immediate effect.
REJECTION
No discounts are available for reasons of style or taste as that is subjective.
LIABILITY
While Vervate takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
The Client agrees to indemnify Vervate in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client, as well as loss of storage of said imagery, which is done for Vervate purposes, not the Client’s.
The Client must ensure that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Vervate gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Vervate against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
APPLICABLE LAW
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
Licence to Use
Entire copyright of Vervate commissioned photographs is with the photographer as per UK Law. The Licence to Use lays out the terms under which a client can use the photographs on any individual commission. For further information about Copyright, please see this link: Photography Copyright or get in touch with us at Vervate. Unless otherwise superceeded by individual Contracts and Licence Agreements signed by Vervate and a Client, all commissions undertaken by Vervate are covered by a Licence to Use as follows: