The GTC are intended to strike a fair balance between the interests of the Photographer and those of the Client.

I. Definitions

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

a. General

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.

VI. References

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.

VII. Retouching

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.

–> Download Commercial Portfolio

Privacy Policy

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.

1. Definitions

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:

• a)    Personal data
  Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  
• b) Data subject
  Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
  
• c)    Processing
  Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  
• d)    Restriction of processing
  Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
  
• e)    Profiling
  Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  
• f)     Pseudonymisation
  Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  
• g)    Controller or controller responsible for the processing
  Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
  
• h)    Processor
  Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  
• i)      Recipient
  Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
  
• j)      Third party
  Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  
• k)    Consent
  Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  

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:

Tobias Faisst

Gabriel Max Strasse
C/O Sophie Schiewe, 19
10245 Berlin

Deutschland

Phone: 017620085479

Email: hello@tobiasfaisst.com

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

• a) Right of confirmation
  Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
  
• b) Right of access
  Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
• Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
  If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
  
• c) Right to rectification
  Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
  
• d) Right to erasure (Right to be forgotten)
  Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
• If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Tobias Faisst, he or she may, at any time, contact any employee of the controller. An employee of Tobias Faisst shall promptly ensure that the erasure request is complied with immediately.
  Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Tobias Faisst will arrange the necessary measures in individual cases.
  
• e) Right of restriction of processing
  Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
• If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Tobias Faisst, he or she may at any time contact any employee of the controller. The employee of the Tobias Faisst will arrange the restriction of the processing.
  
• f) Right to data portability
  Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
  In order to assert the right to data portability, the data subject may at any time contact any employee of the Tobias Faisst.
  
• g) Right to object
  Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
  The Tobias Faisst shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
  If the Tobias Faisst processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Tobias Faisst to the processing for direct marketing purposes, the Tobias Faisst will no longer process the personal data for these purposes.
  In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Tobias Faisst for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
  In order to exercise the right to object, the data subject may contact any employee of the Tobias Faisst. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
  
• h) Automated individual decision-making, including profiling
  Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
  If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Tobias Faisst shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Tobias Faisst.
  
• i) Right to withdraw data protection consent
  Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
  If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Tobias Faisst.
  

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.

This Privacy Policy has been generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.