Privacy Policy and
Terms and Conditions

For Gavin Kemp Photography Limited

Privacy Policy Gavin kemp Photography  Limited

BBusiness Privacy Policy – Gavin Kemp Photography Limited


This privacy policy sets out how Gavin Kemp Photography collects, uses, stores and protects any information that you give to us when you use the website at www.gavinkemp.net and www.gavin kemp.studio (“the company websites”).
This website is hosted by UK2 and designed in house.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018. Gavin Kemp Photography Ltd is the data controller and responsible for your personal data (“we” “us” “our” in this privacy notice). Our contact details are set out below.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from November 2023.
What we collect
We may collect the following information:
• Your name and job title.
• Contact information including your email address, postal address and telephone number.
• Demographic information such as postcode, it’s unlikely that we will collect preferences and interests.
• Other information relevant to customer surveys and/or offers provided by us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
• We do not collect any special categories of data.

The legal basis for processing your data
We collect this data from you on at least one of the following legal bases:
• In the case of marketing to individuals/sole traders/partnerships, Tthat you have provided your explicit opt-in consent for us to do so.
• In the case of commercial details, Tthat we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).
• In the case of your corporate email address (where you have provided us with this), Tthat we have a legitimate interest in doing so for our own commercial marketing activities and activities related to customer satisfaction and product development and service improvement where our use of your data is proportionate, has a minimal impact on your privacy and is promotes an activity that you might reasonably expect us to be engaged in.

How is your data collected?
We use different methods to collect data from and about you, including through:
• Direct interactions with you when you fill in a form or correspond with us by post, phone, email or otherwise;
• Third parties for example where we have purchased a mailing list;
• Automated technologies or interactions, for example as you interact with this website we may automatically collect technical data about your equipment, browsing actions and patterns or by using cookies. Please see below for more information on how this website uses cookies.
What we do with the information we gather
We use, store and process this information to understand your needs and provide you with a better service, and in particular, for the following reasons:
• Internal record-keeping and to administer any account(s) that you might have with us.
• We may use the information for our legitimate business interests to improve our products and services to you.
• We may periodically send promotional emails about new products or services, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use or, where you have provided us with a corporate email address, for our legitimate interests (as described above), provided you have not unsubscribed.
From time to time, we may also use your information to contact you for our own market research and survey purposes. We may contact you by email, phone, fax or post but only in accordance with your express and explicit consent for such contact. We may also use the information for our internal business purposes and legitimate interests of improving customer satisfaction to customise our website(s) according to your interests to provide you with a better experience.


How long do we keep your personal information for?

We will only retain your personal information for the minimum time that is necessary for the purpose for which it was collected. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.In relation to financial and transactional data this will be for a period of approximately 6 years after the date of the transaction. In the case of marketing consent, we will contact you to renew this every 5 years.

Controlling your personal information – your rights
You may choose at any time to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes – if you don’t agree then don’t tick.
• Right to withdraw consent, data retention and the right to be forgotten - If you have previously agreed to us using your personal information or we are using your contact details for our legitimate interests for direct-marketing purposes, you may change your mind at any time by writing to or emailing us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten (your right to have your data erased) cannot be implemented but we will inform you of this should you contact us on this basis.

• Right of data portability – You have the right to request a copy of the data that we hold aboutyou provided us with you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. We will provide the information in a commonly used and machine-readable format free of charge.

• Right of access to your data - You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. You will not need to pay a fee to access your personal data.

• Right to rectification of inaccurate data - If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net as soon as possible. We will promptly rectify any information found to be incorrect.

• Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net.


Disclosures of your personal data

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting but only if you tell us that you wish this to happen.

[WHO IS SUPPORTING THE WEBSITE? WHO IS HOSTING? WHERE ARE THEY LOCATED? THIS INFORMATION NEEDS TO BE PROVIDED]

We may need to disclose your data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

[We do not transfer or give access to your personal data outside the European Economic Area].
[IfF YOUwe do, for example,DO E.G. FOR WEBSITE SUPPORTfor website support, we ensure that data is secure.

Security
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controllerus or our staff or those nominated by the Data Controller as Data Processors. We limit access to your personal data to those employees and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
In the event of any data security breach, we will comply with our legal responsibilities to notify the applicable regulator and you as outlined in the applicable legislation.

Any password(s) which you might use to access our website or other platforms that are operated by the us using third-party providers are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straightaway and change it.

Complaints
If you have reason to make a complaint, then you should contact us in writing as soon as possible at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net

How we use cookies on our website(s)
A cookie is a small text file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We may use traffic-log cookies to identify which pages are being used. This helps us analyse data about web-page traffic and improve our website(s) in order to tailor it to user's’ needs. We only use this information for statistical analysis purposes and the data is then removed from the system.
Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website(s).

Links to other websites
Our website(s) may contain links to other websites of interest. However, once you have used these links to leave our this website, you should be aware that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy statement applicable to the website in question.




Terms and ConditioNs

Terms and Conditions of Sale:  Gavin Kemp Photography Limited
Date 1st  March 2022
Definitions
"The Seller " shall mean  Gavin Kemp Photography Limited, registered at  The Studio, Belper Street, Ilkeston, Derbyshire, DE7 5FJ
"The Customer" shall mean any person, company or firm entering into any contract for the provision of goods or services to which these Conditions shall apply.
1. Basis of the Contract
1.1The Seller shall provide and The Customer shall receive goods or services ("Goods" or “Services”) in accordance with The Sellers quotations which are accepted by The Customer, or a written or telephone order of The Customer which is accepted by The Seller, subject in either case to these Conditions, which shall govern the contract between the parties ("the Contract") to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by The Customer.
1.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of The Customer and The Seller.
1.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by The Seller shall be subject to correction without any liability on the part of The Seller.
2. Orders and specifications
2.1 All orders accepted by The Seller shall be subject exclusively to these Conditions and no others.
2.2 The Customer shall be responsible to The Seller for ensuring the accuracy of the terms of any order submitted by The Customer.
2.3 The quantity and description of the Goods or Services required shall be those set out in The Seller's quotation, or pro forma invoice or written order form submitted by The Customer.
2.4 No order which has been accepted by The Seller may be cancelled by The Customer except with the agreement in writing of The Seller
3. Price
3.1 The price of the Goods and Services shall be The Seller's quoted price as described in The Sellers 's quotation. All prices quoted are valid for thirty days only or until earlier acceptance by The Customer, after which time they may be altered by The Seller without giving notice to The Customer.
3.2 Except as otherwise stated all prices for Goods or Services are given by The Seller on an ex works basis, and where The Seller agrees to deliver the Goods or Services.
3.3 The price for any Goods or Services is exclusive of any applicable value added tax.
4. Terms of payment
4.1 The Customer shall pay the price of the Goods or Services within thirty days of the date of The Seller's invoice, notwithstanding that delivery may not have taken place. The time of payment of the price shall be of the essence of the Contract.
4.2 The Seller shall be entitled to invoice The Customer for the full price of the Goods or Services on or at any time after delivery of the Goods or Services once The Seller has notified The Customer that the Goods are ready for collection.
4.2.1 Where The Seller has supplied proofs and no further instructions have been received from The Customer The Seller can invoice for the full amount thirty days after despatch of the proofs.
4.3 If The Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to The Seller, The Seller shall be entitled to:
4.3.1 cancel the contract or suspend any further deliveries to The Customer;
4.3.2 appropriate any payment made by The Customer to such of the Goods or Services (or the Goods or Services supplied under any other contract between The Customer and The Seller) as The Seller may think fit (notwithstanding any purported appropriation by The Customer); and
4.3.3 charge The Customer interest (both before and after any judgment) on the amount unpaid at the rate in accordance with late payment legislation in force at the time of the contract until payment in full is made plus any compensation due to The Seller.
5. Delivery
5.1 Delivery of Goods or Services shall be made by The Seller arranging delivery to such place as is notified to The Seller by The Customer.
5.2 Unless specifically agreed in advance and in writing any dates quoted for the delivery of Goods or Services are approximate only and The Seller shall not be liable for any delay in delivery of Goods or Services howsoever caused. Time for delivery shall not be of the essence unless previously agreed by The Seller in writing.
5.3 Where the Goods or Services are to be delivered in instalments, each delivery shall constitute a separate contract and failure by The Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by The Customer in respect of any one or more instalments shall not entitle The Customer to treat the Contract as a whole as repudiated.
5.4 If The Customer fails to take delivery of Goods or Services or fails to give The Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond The Customer's reasonable control) then, without prejudice to any other right or remedy available to The Seller, The Seller may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to The Customer for the excess over the price under the Contract or charge The Customer for any shortfall below the price under the Contract.
6. Risk and Intellectual Property
6.1 The intellectual property in the Goods or Services belonging to The Seller  will remain with the Seller at all times. The Customer will receive  The Seller’s Standard Licence to use the as defined in section 8
6.2 Any images or photography (digital or otherwise) created by The Seller or its agents remain the copyright of The Seller or its agents respectively and may not be commercially reproduced, resold or changed in any way unless by prior agreement with The Seller.
6.3 The Seller is not responsible for any copyright infringements caused by or relating to materials provided by The Customer or its agents. The Seller reserves the right to refuse acceptance of any material over which copyright may apply unless adequate proof is provided to us of the right to use such material.
6.4 Transfer of intellectual property between The Seller and The Customer can only take place with the written agreement of a Director of The Seller and The Customer.
6.5 The Seller reserves the right to make reproductions of still images  or video created under this contract for marketing, advertising, promotional, competition and editorial purposes anywhere in the world. Such reproductions shall occur without notice or payment to The Customer. This right extends to any derivative works created by The Seller.
7 Warranties and representation
7.1 The Seller warrants that it will perform the contracted services with reasonable care and skill and that the Goods or Services supplied under this agreement shall be fit for the purpose defined in the specification and will so far as is reasonably practicable comply with the prevailing specification.
7.2 The Customer shall ensure that there is an authorised representative present at the assignment to ensure the correctness of The Sellers interpretation of The Customers brief. In the event of no Customer representation, The Sellers interpretation of the brief shall be deemed as correct.
8 Standard License
8.1 The Seller grants The Customer an exclusive transferable license to use images or photography created by The Seller or its agents provided within the specification and scope of the Work subject to the terms or limitations for its use as set out in any proposal or quotation relating to the Work and agreed by The Customer.
8.2 Unless otherwise agreed the licence granted will be the Sellers Standard License.  The Standard License under these terms and conditions is for a  1 year license (with a break at 90 days from the date of invoice).
8.3 The only circumstances the break in the licence can be activated is if at 90 days The Seller has not received full payment for any or all invoices under this contract. If full payment has not been received 90 days after the date of the invoice the break will be enforced automatically and without notice to The Customer.
8.4 This is for 2 agreed uses of the images that may be: catalogue, newsletter, e-commerce, online, PR, some social media use (see exclusions).
8.5 This license excludes the following uses, 3 or more uses,  point of sale, outdoor campaigns, indoor campaigns, advertising, packaging,  social media where payment to sponsor or promote an images to increase it's reach/circulation has taken place.
9 Confidentiality
All trade or professional information other than information in the public domain given to any of the parties or their respective employees by the other shall remain the property of the party giving that information.
9.1 Each of the parties agrees to use all reasonable means to prevent the disclosure of any trade or professional information not in the public domain to any third party or to any of its employees or agents other than that required to carry out the Work to which this agreement applies.
9.2 The Seller or its agents shall not be liable for any loss or consequence arising from the disclosure of any information provided by The Customer its agents or third parties for the purpose of carrying out or becoming incorporated into the Work where the Work is intended for publication.
10 Termination
The contract may be terminated forthwith by The Seller if The Customer fails to pay any sum due pursuant to the contract within seven days of the final due date provided that written notice has been supplied by any party if the other commits any material breach of any term of the contract and which shall not have been remedied within sixty days of a written request to remedy the same by any party if the other ceases to trade or becomes insolvent or similar.
11 Limitations of Liability
11.1 The Seller's liability for monetary or other remedies will not exceed the total of the charges paid by The Customer to The Seller for the services provided under this agreement.
11.2 The Customer will at all times be responsible for all garments, props, accessories and any other items supplied by The Customer or obtained by The Seller working under the instructions of The Customer in the fulfillment of this contract. In no event shall The Seller be liable to The Customer for any consequential incidental indirect or special damages under any circumstances even if The Seller has been advised of the possibility of the same except that which it is unlawful to exclude.
11.3 The Seller will not be responsible for the performance, or appearance of any model supplied or recommended by The Customer, unless the model has first been to a casting at where a representative from The Seller is present where their suitability for the work has been assessed. Selection the model based on pictures, previous work or agency recommendation or specifications will not be sufficient to accept any liability for the models appearance or performance by The Seller.
12. Insolvency of Customer
12.1 This clause applies if:
12.1.1 The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
12.1.2 an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of The Customer; or
12.1.3 The Customer ceases, or threatens to cease, to carry on business; or
12.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to The Customer and notifies The Customer accordingly.
12.2 If this clause applies then, without prejudice to any other right or remedy available to The Seller, The Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to The Seller, and if the Goods or Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12.3 In any of the circumstances set out in this paragraph (12)  any/all licenses granted under this contract and any other contract with the customer this contract relates to will be terminated with immediate effect.
13 Cancellation.
13.1, Where The Customer cancels within 4 days of an agreed booking The Seller can charge up to 50% of the agreed fee for the services of The Seller, Where The Customer cancels on the day of an agreed booking The Seller can charge the full agreed fee for the services of The Seller.
13.2 Where props and other items have been purchased at the direction of The Customer, if The Customer cancels the contract for any reason The Customer will be liable in full for any items purchased plus any additional charges incurred by The Seller. This also includes any items where orders have been placed and Goods or Services not yet delivered.
13.3 Where The Seller has engaged the services of others suppliers for example make up artists, models (freelance or through agents) if The Customer cancels at any time they will be liable in full for any fees and additional charges incurred by The Seller as a result of the cancellation.
13.4. Where the customer postpones the work and agrees and alternative date in writing The Seller can at their discretion can waive or amend any fees under 14.1, where no alternative date is agreed in writing this will be treated as a  cancellation.
14. General
14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at the address shown overleaf or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.2 No waiver by The Seller of any breach of the Contract by The Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 The Contract shall be governed by the laws of England and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
15. Precedence
These Terms and Conditions take precedence and cannot be varied or altered, or overridden by the imposition of any such conditions by a third party that negate or alter any of the material clauses in these Terms and Conditions of business.
These Terms and Conditions become Effective as of 1st March 2022

Contact

  • London, England, United Kingdom
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