Privacy Policy and Terms and Conditions including GDP

 

General Data Protection Regulations

 

From 25th May 2018 the new General Data Protection Regulations came into force.

 

  • Any information provided through this website or other forms of communication is treated in the strictest confidence, and used solely for the purposes of communication whilst providing photographic services or potentially providing such services.  Any personal data provided, normally but not exclusive of name, address, email address, telephone number will never to be shared without direct permission from you.

 

  • Your information is never shared with any third parties unless I am required or permitted to do by law. Basically, I will treat your information as I do my own; 'carefully'. If you become a client, your information is kept for a minimum of 6  years as required under UK Tax Law or until such time it is no longer required.   Your information is not used for marketing purposes; you will not be put on a mailing list, or marketed via email.

  • For any images used for marketing purposes then personal information is not attached to images in the public domain. If you are making a purchase and I request financial information please be assured that I will not disclose personally identifiable information to any third party.  Such information will solely be used for the purchase transaction only.

  • IT Security: My hardware is strong password protected and my website is secured by strong password protection and encryption.

  • Users contacting me via this website, however, do so at their own discretion and provide personal details at their own risk.  If you are at all concerned please do not  hesitate to contact me via mike@mikespencerphoto.com.

 

  • Although my website features, safe & reputable social media platform links , all users are advised to click on these links at their own discretion. I do not guarantee or verify the content of any externally linked website, nor can I be held liable for any damages or implications caused by visiting these external links.

  • You can request at anytime to know what information is held about you and how it is stored.  To make a request please contact mike@mikespencerphoto.com.

 

 

This Privacy Policy may change from time to time; any updates can be made to and can be viewed on this page.

 

Terms & Conditions

 

The following Terms and Conditions form an integral part of any Agreement/Contract undertaken between the Client and the Photographer (Mike Spencer Photography), and no modification or variations shall be deemed effective unless otherwise agreed by Mike Spencer Photography and the Client.

 

Booking and Photography Session Fees

 

Depending on the client requirements a booking deposit of 50% of the total session fee may be charged to secure a photography booking and is due when the client confirms a booking arrangement. A fee of £50 will be charged for cancellation with less than 48 hours notice given. Likewise postponement notice must be given with at least 48 hours notice and sessions may be rescheduled. Successive postponements may incur a £50 charge. Once the booking form is signed the Client agrees to abide by the terms of the Agreement, and understands the terms cannot be changed unless agreed by both parties in writing.

 

Artistic Licence

 

The Photographer will attempt to follow client briefs / requirements as closely as possible but shall be granted complete artistic licence including locations, lighting and poses.  The Photographer's judgement regarding the above, along with the number of images taken is final.  Due to the unpredictability of the weather, other external forces, and perhaps the co-operation, or not, of the subjects it may not be possible to create all the images/scenarios requested.

 

Copyright

 

Under the 1988 Copyright Act, all images taken at an agreed photography session are the copyright of Mr Michael Spencer of Mike Spencer Photography and that unless otherwise agreed in writing, copyright and all rights to publication and/or copying of all photography produced will remain the property of Mr Michael Spencer of Mike Spencer Photography. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of Mike Spencer Photography in writing.  

 

Image Usage

Unless specifically agreed otherwise, Mr Michael Spencer of Mike Spencer Photography may use the images for promotional purposes, on websites, social media, including displays, exhibitions, presentations, competitions, editorial and advertising at any time in the future without having to seek permission. The client will be responsible for ensuring that attendees of events are aware that photography will be taking place and that by entering the event they consent to their image being captured and used without compensation for use in any and all media formats and that they release Mike Spencer Photography from any liability whatsoever of any nature.  If attendees do not wish to be photographed they should make the photographer aware.  The Client and any guests must understand that this is a model release.

It is contrary to the Act to copy or allow to be copied any photographs belonging to the Photographer. It is a requirement of this Agreement that all reprints/copies shall require the permission of Mike Spencer Photography. Images will be presented in a private on-line gallery in an agreed timescale following the shoot date (unless unforeseen circumstances prevent this; ie. Illness, equipment failure etc) and will remain on the website for a minimum of three months. 

Image Enhancement/Re-touching

Image editing refers to and includes cropping, colour correction, contrast control, sharpening, basic blemish removal.  It is the Client’s responsibility to inform the Photographer if they require image enhancements and to what extent, at the time of booking. Further enhancements including, but not limited to, body reshaping (slimming down body parts), major scar, eczema or other blemish removal, teeth/eye whitening, other major airbrushing will be priced individually upon application from the Client. Any special requests must be made in writing. If unsure what is included, ask the photographer at the time of booking. 

 

Digital Images

 

A licence will be granted by Mike Spencer Photography that will detail for what purpose and use any supplied digital images can be used for.  Images may not be used for any other purposes outside of the granted licence without permission of Mike Spencer Photography and additional licenses and cost may be applicable. Images supplied for the purposes of 'personal use' unless otherwise agreed with Mike Spencer Photography shall include the uses of printing for personal use, the individuals social media accounts, computer screensavers or wallpaper, emailing to friends, family or business contacts.

 

This Agreement prohibits the Client from using the images to enter competitions or for other purposes of monetary gain unless otherwise agreed in writing. The copyright and ownership of the images remains and will remain with the Photographer unless otherwise negotiated and agreed. This agreement is made with the full understanding that no responsibility will be taken with regard to the calibre of equipment used by the Client for viewing the supplied images in their original state. Likewise, no responsibility will be taken for any editing or manipulation carried out on the images following delivery of the images. It is recommended that only a reputable, professional digital processing laboratory is used for the printing of any images. No responsibility will be taken for poor print quality resulting from the Client's use of  third party suppliers or personal equipment and materials. Every effort will be made to provide photographs with a pleasing colour balance, however exact colour matching cannot be guaranteed. Anomalous reflectance caused by a combination of certain dyes and materials, especially man made fibres sometimes deem it impossible to record the exact colours of materials seen by the human eye.  (ie.the  colours on screen may differ to those  in the final printed image, exact colour matching cannot be guaranteed). Digital files remain the property of the photographer.

Liability

All imagery will be captured on a reasonable endeavours basis and where situations allow — e.g. excludes where image capture is restricted by health/safety/access.  If individuals do not wish to be photographed or access to individuals is restricted / denied then this will be respected.

Mike Spencer Photography cannot be held responsible for any external adverse conditions, climatic, electrical disruptions, transportation failure etc, affecting the ability of the shoot to go ahead or the quality of the photography in such circumstances. In such circumstances the Client will be offered a full session fee refund or a rescheduled session date. In the unlikely event of partial or total equipment failure caused by mechanical, electrical or operator error, Mike Spencer Photography’s liability shall be limited to a full refund of the session fee paid or a rescheduling of the session date. In extenuating circumstances eg. Illness, personal injury or death, to the photographer, Mike Spencer Photography reserves the right to cancel the booking and offer a full refund of the session fee or seek to find a replacement photographer to undertake the photo session. Mike Spencer Photography cannot be held responsible for the breach of the Agreement due to circumstances beyond their control. These circumstances include, but are not limited to, equipment failure, lack of access to the venue/location, venue/location becoming unavailable, weather conditions preventing travel, or participation in the photo session. Neither party shall be liable for indirect or consequential loss. During any photographic session the Client shall be given ample opportunity to check their appearance before and during shooting; Mike Spencer Photography cannot be held responsible for a Client not appearing in the resulting images as envisaged by a non-present third party. The laws of England and Wales shall govern this Agreement. Once signed this Agreement is legally binding and because of the custom nature of the product, cancellation or price reduction will not be possible. Balance of payment is required prior to provision of final images.

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