TERMS AND CONDITION
The GTC are intended to strike a fair balance between the interests of the Photographer and those of the Client.
1. Photographic Work. The expression „Photographic Work“ refers to the result of work performed by the Photographer for the Client in accordance with the agreement reached between the parties.
2. Photographer. The „Photographer“ is the person commissioned with the creation of the Photographic Work. For the purposes of these GTC, usage of the male pronoun in relation to the term „Photographer“ refers naturally to persons of either gender. The term shall also include photo designers.
3. Client. The „Customer“ is the person who commissions the Photographic Work from the Photographer. For the purposes of these GTC, usage of the male pronoun in relation to the term „Client“ refers naturally to persons of either gender.
4. Parties. The „Parties“ are the Photographer and the Client.
II. Performance of the Photographic Work
1. Unless agreed otherwise in writing with the Client, the configuration of the Photographic Work shall be fully and entirely a matter for the discretion of the Photographer. In particular, he shall take the sole decision concerning the technical and artistic design medium, such as for example lighting, picture composition and the selection of instruments in order to achieve them.
2. When performing the Photographic Work the Photographer may engage auxiliary staff of his choosing.
3. The shooting equipment that is necessary for the performance of the Photographic Work shall be provided by the Photographer or will be rented at a local equipment supplier.
4. Unless agreed otherwise in writing, the Client shall be responsible for ensuring that the locations, objects and persons necessary for the Photographic Work are made available in due time if not agreed on otherwise with the Photographer.
5. In the event that the Client postpones until a later date a shoot session less than two working days prior to the appointment or fails to comply with his obligations under clause II.4., the Photographer shall be entitled to the reimbursement of any costs thereby incurred (including third party costs). He shall in addition be entitled to compensation, and shall amount to 50% of the daily rate that would have been owed in accordance with the agreed daily rate for holding the photoshoot that was cancelled.
6. The rule set forth in clause II.5. shall also apply in the event that a photoshoot is postponed until a later date on account of adverse weather conditions less than two working days prior to the start of the photoshoot.
7. The place of performance shall be at the registered office/town of the Photographer. In the event that the Client requests the Photographer to send him the Photographic Work or Copies of this work (hard or electronic copies), the transportation risk shall be borne by the Client.
8. The fee agreed upon between the Parties shall be subject to VAT (in addition) and – unless agreed otherwise in writing – shall be paid within 14 days of the issue of an invoice.
III. Liability of the Photographer
1. The Photographer shall only bear liability, including for defects, for intentional or grossly negligent conduct.
2. The Client must raise any objections relating to a defect in writing within six working days of the date of delivery of the work, failing which the Photographic Work shall be deemed to have been approved and no further claims may be raised.
IV. Use of the Photographic Work by the Client
1. The Client may only use the Photographic Work for the purpose agreed upon with the Photographer and for the agreed period. If no such period has been agreed upon, the duration shall be determined in accordance with the purpose of the appointment. In the event of any usage in breach of the agreement, the Client shall be obliged to pay compensation to the Photographer in the amount of 150% of the remuneration owed in that regard in accordance with the tariff scale of the SAB applicable at the time the contract was concluded
2. Only the Client shall be entitled to use the Photographic Work, in accordance with the agreement reached with the Photographer. Unless agreed otherwise in writing, the Client shall have no entitlement to transfer the right to use the Photographic Work to a third party.
3. The Customer shall state the name of the Photographer in a suitable form when using the Work in the manner agreed upon with the Photographer. It must be preceded by the © sign, or by another agreed upon with the Photographer (e.g. „All rights reserved by ...“). In the event that the note is not included, in addition to the fee agreed upon the Client shall owe compensation in the amount of 50% of the fee/daily rate that would have been paid for the unlawful use of the Photographic Work in accordance with the tariff scale of applicable at the time the contract was concluded.
b. Third party rights
1. If the Client has indicated to the Photographer that he must photograph (particular) persons when performing the Photographic Work, the Client must ensure that these persons have granted their consent to be photographed and to the subsequent usage of the Photographic Work in line with the contractual purpose.
2. If the Client has provided the Photographer with objects and/or equipment or indicated specific locations to him that are to be photographed as part of the Photographic Work, the Client shall ensure that no third party rights preclude the creation of the Photographic Work or its subsequent usage in line with the contractual purpose.
3. In the event that the obligations set forth in the two previous sub-clauses are breached, the Client undertakes to reimburse to the Photographer for any payment (e.g. damages) that the latter may be obliged to make to the entitled party and to compensate him for all costs arising in relation to the rectification of the situation (e.g. costs relating to settlement proceedings or litigation).
V. Use of the Photograhpic Work by the Photographer
If expressly so agreed in an individual case that the Client shall obtain copyright over the Photographic Work, the Photographer shall retain the right to use the Photographic Work for his own purposes, including in particular on his own website, in portfolios, at art exhibitions etc.
The Photographer shall be entitled at any time to refer to the cooperation with the Client and to the Photographic Work carried out for him, in particular in publications (internet, printed matter), at exhibitions and in discussions with potential clients.
1. The Client is not permitted to change the photographic work of the photographer without permission regarding color, shape, detail or composition.
2. The Client is not permitted to resize and reframe the Work without permission by the Photographer.
3. If point one or two have not been complied with, the Photographer can demand the removal of the images on the Internet or prohibit the publication in any form and media.
4. If the Client causes a unrepairable damage to the reputation by retouching the images on its own behalf the Photographer can charge the client with 50% of the agreed on daily rate.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Tobias Faisst. The use of the Internet pages of the Tobias Faisst is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Tobias Faisst. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Tobias Faisst has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Tobias Faisst is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Gabriel Max Strasse
C/O Sophie Schiewe, 19
3. Collection of general data and information
The website of the Tobias Faisst collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Tobias Faisst does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Tobias Faisst analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
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