Privacy Policy and General Terms and Conditions
Privacy Policy
We are very pleased that you have shown interest in our company. Data protection is of a particularly high priority for the management of Stefanie Kösling Fotografie. The use of the Internet pages of Stefanie Kösling Fotografie 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 legal basis for such processing, we generally obtain the consent of 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 Stefanie Kösling Photography. 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 of their rights by means of this data protection declaration.
Stefanie Kösling Fotografie, as the controller, 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 have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of Stefanie Kösling Fotografie 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 easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy we use, among others, the following terms:
1.1. Personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “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.
1.2. Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
1.3. 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.
1.4. Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
1.5. Profiling
Profiling is 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.
1.6. 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.
1.7. Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing 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 his or her nomination may be provided for by Union or Member State law.
1.8. Processors
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
1.9. Recipient
Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be considered recipients.
1.10 Third
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.
1.11. Consent
Consent 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 concerning him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Stefanie Kösling Photography
Appelsgasse 12
60487 Frankfurt am Main
Germany
Mobile +49 (0) 178 3487484
mail@stefaniekoesling.de
www.stefaniekoesling.de
3. Collection of general data and information
The website of Stefanie Kösling Fotografie collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected: (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 accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, Stefanie Kösling Fotografie does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by Stefanie Kösling Fotografie both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.
4. Routine deletion and blocking of personal data
The controller shall process and store 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.
If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
5. Rights of the data subject
Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
5.2. Right to information
Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following:
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, all 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 has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees relating to the transfer. If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.
5.3. Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time.
5.4. Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay where one of the following reasons applies and processing is not necessary: The personal data were collected or otherwise processed for such purposes for which they are no longer necessary. The data subject withdraws consent on 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 there is no other legal ground for the processing.
The data subject objects to the processing pursuant to point (a) of 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 point (2) of the GDPR.
The personal data were processed unlawfully. The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject. The personal data were collected in relation to information society services offered pursuant to Art. 8 Para. 1 GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Stefanie Kösling Fotografie, he or she may contact any employee of the controller at any time. The employee of Stefanie Kösling Fotografie will ensure that the erasure request is complied with immediately. If the personal data was made public by Stefanie Kösling Fotografie and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, Stefanie Kösling Fotografie shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Stefanie Kösling Fotografie will arrange the necessary measures in individual cases.
5.5. Right to restriction of processing
Any person concerned by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions 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 the restriction of the use of the personal data instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject to assert, exercise or defend legal claims.
The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh 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 Stefanie Kösling Fotografie, he or she may at any time contact any employee of the controller. The employee of Stefanie Kösling Fotografie will arrange the restriction of the processing.
5.6. Right to data portability
Any person concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, 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, unless the processing is 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 Art. 20(1) GDPR, the data subject has the right to have the 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.
To assert the right to data portability, the data subject may contact any employee of Stefanie Kösling Fotografie at any time.
5.7. Right to object
Any person concerned by the processing of personal data has the right granted by the European legislator to object at any time, for reasons related to his or her particular situation, 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.
In the event of an objection, Stefanie Kösling Fotografie will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Stefanie Kösling Photography processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to Stefanie Kösling Photography to the processing for direct marketing purposes, Stefanie Kösling Photography will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by Stefanie Kösling Fotografie for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of Stefanie Kösling Fotografie or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
5.8. Automated decisions in individual cases, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized 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.
Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the data subject’s explicit consent, Stefanie Kösling Fotografie 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 to contest the decision.
If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact any employee of the controller at any time.
5.9 Right to withdraw consent to data protection
Any person concerned by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact any employee of the controller at any time.
6. Legal basis for processing
Art. 6 I lit. a GDPR serves our company 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 to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or 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 had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
7. Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
8. Period for which personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required for the performance or initiation of a contract.
9. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences of non-provision of the personal data would be.
10. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Bremen, in cooperation with the data protection lawyer Christian Solmecke.
General terms and conditions of business
1 Validity of the terms and conditions
1.1 The production of images and the granting of image licenses are carried out exclusively on the basis of the following terms and conditions. These conditions also apply to all future production and licensing contracts, unless expressly agreed otherwise.
1.2 Terms and conditions of the client that deviate from the following conditions will not be recognized. Such deviating terms and conditions will not become part of the contract even if the photographer does not expressly object to them.
2 production orders
2.1 The photographer’s cost estimates are non-binding.
The photographer only needs to report cost increases if the originally estimated total costs are expected to exceed the original estimate by more than 15 percent.
2.2 When taking pictures of people and objects to which third parties have copyrights, property rights or other rights, the client is obliged to obtain the consent of the people depicted and the rights holders required for the production and use of the images. The client must indemnify the photographer against claims for compensation from third parties that result from the violation of this obligation. The indemnification obligation does not apply if the client proves that he is not at fault. The above regulation also applies if the photographer himself selects the people or objects to be photographed, provided he informs the client of the selection made in good time so that the client can obtain the necessary declarations of consent or select and make available other suitable people or objects for the photographic work.
2.3 If the services of a third party must be used to process the order or if another contract must be concluded with a third party, the photographer is authorized to enter into the corresponding obligations in the name and on behalf of the client.
2.4 The photographer selects the images that he presents to the client for approval at the end of production. Rights of use are only granted to images that the client accepts as being in accordance with the contract, provided that full payment has been made (3.4).
2.5 The client is obliged to examine the images presented to him after completion of the photographic work within a reasonable period of time and to notify the photographer of any defects. Obvious defects must be notified in writing within two weeks of delivery of the images, and non-obvious defects must be notified within two weeks of the defect being identified. To meet the notice period, it is sufficient to send the notice in good time. If the obligation to inspect and notify is violated, the images are deemed to have been approved with regard to the defect in question.
3 Production fee and incidental costs
3.1 If the time allocated for the photographic work is significantly exceeded for reasons for which the photographer is not responsible, an agreed flat fee must be increased accordingly. If an hourly fee is agreed, the photographer will also receive the agreed hourly or daily rate for the time by which the photographic work is extended.
3.2 In addition to the fee owed, the client must reimburse the additional costs incurred by the photographer in connection with the execution of the order
(e.g. for film material, digital image processing, photo models, travel).
3.3 The production fee is due upon delivery of the images. If an image production is delivered in parts, the corresponding partial fee is due upon delivery of each part. If the execution of an order extends over a longer period of time, the photographer can request advance payments in accordance with the amount of work performed.
3.4 The client only acquires the copyright usage rights upon full payment of the fee and reimbursement of all additional costs.
4 Request for archive images
4.1 Images that the client requests from the photographer’s archive are made available for viewing and selection for a period of one month from the date of the delivery note. If no license agreement is concluded within the selection period, analogue images and image data storage devices provided by the photographer must be returned by the end of the period and all image data that the client has saved on their own data storage devices must be deleted.
4.2 No rights of use are transferred by providing the images for viewing and selection.
Any use requires a prior written release from the photographer.
4.3 The use of the images as working templates for sketches or for layout purposes, as well as presentation to customers, already constitutes a chargeable use. If slide frames or transparencies are opened, the photographer is entitled – subject to a further claim for payment – to charge a layout fee, even if the images were not used.
4.4 The photographer can charge a processing fee for compiling the selection of images, which is calculated according to the type and extent of the effort involved and is at least €30. Shipping costs (packaging, postage) including the costs for special shipping methods (taxi, air freight, express courier) must also be reimbursed by the client.
4.5 If the return period for analogue images specified in 4.1 or agreed in the license agreement is exceeded, a blocking fee must be paid in addition to the other costs and fees until the photographer receives the images. The blocking fee is €1.50 per day and image, whereby the maximum amount that can be claimed for an individual image, regardless of the respective blocking period, is the amount specified in 7.5 (sentence 2) of the terms and conditions as a flat-rate compensation for the loss of the image. The client reserves the right to prove that the photographer has not suffered any damage as a result of the delayed return of the images or that the damage incurred is significantly lower than the blocking fee.
5 Rights of use
5.1 The client only acquires rights of use for the images to the extent contractually agreed. Ownership rights are not transferred. Regardless of the extent of the rights of use granted in individual cases, the photographer remains entitled to use the images for his own advertising purposes.
5.2 The granting and transfer of rights of use acquired by the client to third parties, including other editorial departments of a publishing house, requires the photographer’s written consent.
5.3 The images may only be used in their original form. Any change or modification (e.g. montage, photo-technical alienation, coloring) and any change in the image reproduction (e.g. publication in sections) requires the photographer’s prior consent. The only exception to this is the removal of unwanted blurring or color weaknesses by means of electronic retouching.
5.4 The photographer must be named as the author of each image published. The name must be included with the image.
6 Digital image processing
6.1 The digitization of analogue images and the distribution of digital images by means of
remote data transmission or on data storage devices is only permitted if the exercise of the granted rights of use requires this form of reproduction and distribution.
6.2 Image data may only be digitally archived for the client’s own purposes and only for the duration of the right of use. The storage of image data in online databases or other digital archives that are accessible to third parties requires a separate agreement between the photographer and the client.
6.3 When the images are digitally recorded, the photographer’s name must be electronically linked to the image data. The client must also take suitable technical precautions to ensure that this link is maintained for each data transmission, when the image data is transferred to other data storage devices, when it is reproduced on a screen and when it is reproduced publicly, and that the photographer can be identified as the author of the images at any time.
7 Liability and compensation
7.1 The photographer is only liable for damages that he or his vicarious agents cause intentionally or through gross negligence. Excluded from this are damages resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body or health, for which the photographer is liable even in the event of slight negligence.
7.2 The photographer accepts no liability for the type of use of his images. In particular, he is not liable for the admissibility of the use under competition and trademark law.
7.3 Claims by the client that result from a breach of duty by the photographer or his
vicarious agents expire one year after the statutory limitation period begins. Excluded from this are claims for damages that are based on an intentional or grossly negligent breach of duty by the photographer or his vicarious agents, and claims for damages due to injury to life, body or health, even if they are based on a slightly negligent breach of duty by the photographer or his vicarious agents; the statutory limitation periods apply to these claims for damages.
7.4 The sending and return of images takes place at the risk and expense of the client.
7.5 If analogue images are lost within the client’s area of risk or if such images are returned in a condition that precludes further use in accordance with normal practice, the client must pay damages. In this case, the photographer is entitled to demand at least damages of €1,000 for each original and €200 for each duplicate, unless the client proves that no damage was caused at all or that the damage is significantly lower than the flat-rate compensation demanded. The photographer reserves the right to claim higher damages.
7.6 In the event of unauthorized use, modification, alteration or distribution of an image, the photographer is entitled to demand a contractual penalty of five times the agreed or, in the absence of an agreement, five times the usual usage fee, but at least €500 per image and individual case. The assertion of further claims for damages remains unaffected by this.
7.7 If the photographer is not named when an image is published (5.4) or the photographer’s name is not permanently linked to the digital image (6.3), the client must pay a contractual penalty of 100 percent of the agreed or, in the absence of an agreement, the usual
usage fee, but at least €200 per image and individual case. The photographer also reserves the right to claim further claims for damages in this respect.
8 VAT, social security contribution for artists
In addition to the fees, charges and costs to be paid by the client, value added tax and the artist social security contribution, which may be incurred by the photographer for third-party services, will be added at the respective statutory rate.
9 Statute and jurisdiction
9.1 The law of the Federal Republic of Germany applies.
9.2 In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after conclusion of the contract, the photographer’s place of residence is agreed as the place of jurisdiction.