LEGAL

TERMS OF USE

1. Introduction

1.1. These Terms of Use apply to the entire contents of this website (the “Website”) and contain important information explaining your rights to access and use the Website. The Website is operated by Nic Bisseker Photography.

1.2. Please read these Terms of Use carefully before using the Website. You should pay particular attention to the “Disclaimer of liability” section as this excludes or limits our legal liability in connection with your use of the Website. By accessing or using the Website you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use the Website. If you breach any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2. Changes to Terms of Use

2.1 We may make changes to these Terms of Use at any time without notice by updating these pages. You agree to review this section of the Website periodically to determine whether the Terms of Use have been changed. Your access to or use of the Website (or any part of it) at any
time shall constitute your agreement to the latest published version of the Terms of Use. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

2.2 Certain provisions of these Terms of Use may be amended or superseded by legal notices or terms located on particular pages of the Website or on materials that are downloadable from the Website.

3. Using the Website

3.1 This Website is a place for you to find out more about us. Unless otherwise specified all content and materials published on the Website are presented solely for your private, personal and non-commercial use.

3.2 The information and products shown on the Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. If accessing the Website or using of any material or content on the Website infringes any applicable law in your jurisdiction(s), you are not authorised to access or use the Website and you must exit immediately.

3.3 We reserve the right to terminate your access to the Website at any time without notice.

4. Modifications to Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website or the content or services available through it, including your access to the Website, with or without notice to you. Unless explicitly stated to the contrary, any new features including new content, will be subject to these Terms of Use. You confirm that we will not be liable to you or any third party for any changes to or permanent or temporary withdrawal of the Website.

5. Information you provide to us

5.1 The following applies to any information you provide to us through the Website, which may include your name, address, telephone number and email address. We may use this information to respond to your enquiries. We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email for these purposes only with your consent, if this was given at the time you provided us with the personal data. We may use this information as necessary for certain legitimate business interests, which include the following:

  • to administer our Website, to better understand how visitors interact with our Website and ensure that our Website is presented in the most effective manner for you and for your computer/device;
  • to conduct analytics to inform our marketing strategy and enable us to enhance and personalise the experience we offer to our members and our communications, including by creating customer or member profiles to enable personalised direct marketing communications;
  • to provide postal communications which we think will be of interest to you;
  • if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing;
  • to (a) comply with legal obligations, (b) respond to requests from competent authorities; (d) protect our operations or those of any of our affiliated businesses; (e) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (f) enforcing or
    defending legal rights, or preventing damage.

5.2 We share your personal data with selected third parties who act on our behalf to support our operations, such as IT suppliers and contractors (e.g. data hosting providers or delivery partners), as necessary to provide IT support, client management software providers and web analytics providers. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.

5.3 We retain information submitted through the Website for 7 years following contact with you, as applicable should you become a client. When you consent to receive marketing communications, we will keep your data until you unsubscribe. If your enquiry does not result in a
booking and you do not want to receive further marketing communications we will delete you from our database. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

5.4 Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:

a) Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need
to charge a reasonable fee.
b) Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do
so, we will also tell you with whom we shared your personal data so you can contact them directly.
c) Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us,
and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so.
d) Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
e) Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will provide you with your personal data in a structured, commonly used and
machine-readable format. You may reuse it elsewhere
f) to object: You may ask us at any time to stop processing your personal data, and we will do so:
i) If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or
ii) If we are processing your personal data for direct marketing.
g) Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
h)Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as
the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here).

5.5 If you wish to exercise any of these rights please contact us as described in section 5.6. below. We may also need to ask you for further information to verify your identity before we can respond to any request.

5.6 Questions, comments or requests regarding the above should be addressed to Nic Bisseker Photography, nic @ nicbissekerphotography.co.uk.

6. Misuse of Website

6.1 You may use the Website for lawful purposes only. You must not misuse the Website, including, without limitation, by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without
authority, interfere with damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.

6.2 Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this section of the Terms of Use, and to disclose such information to
law enforcement agencies as we reasonably believe is necessary.

7. Copyright

7.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. All intellectual property rights in the contents of the Website (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos)
are owned by us or our licensors. All product and company names and logos mentioned on the Website are the trade marks, service marks or trading names of their respective owners. All rights are reserved.

7.2 You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

7.3 Any commercial use or exploitation of the Website or its content is strictly prohibited.

8. Linked websites

8.1 Where the Website contains links to third party websites and resources, these links are provided for your information only. We have not reviewed these websites and are not responsible for their availability, accuracy or content or for any loss or damage that may arise out
of your use of them. When you access any other Website you understand that it is independent from us and that we have no control over the content or availability of that website. Access to third party websites is entirely at your own risk. You should read any terms and conditions applying to the use of any third party website that you visit and address any complaints or queries relating to such websites to the operator of that website. Please be aware that a link to any other website does not mean that we endorse or approve of or accept any responsibility for the content, or the use of, such a website.

8.2 You may not use any part of the Website on any other website or link any other website to the Website without our prior written permission.

9. Disclaimer of liability

9.1 All content, materials and information on the Website are provided on an “as is” basis and “as available” basis, for information purposes only and without any conditions, warranties or other terms of any kind. You assume total responsibility and risk for your use of the Website and use of all information contained within it.

9.2 We undertake no obligation to update the Website or to correct any inaccuracies which may become apparent, but reserve the right to do so without notice to you.

9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.

10. Applicable Law

10.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute regarding these Terms of Use and any and all dealings between us and you.

10.2 The Website has been approved for access in the United Kingdom. We do not warrant or otherwise represent that the Website, use of the Website or these Terms of Use (in whole or in part) are in compliance with laws or available for use in locations outside this territory. If you
choose to access the Website from locations outside this territory, you do so at your own initiative and are responsible for compliance with local laws.

11. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of the Website.

Your continued use of this website constitutes your full acceptance and understanding of our Privacy Policy. Please read in its entirety.

Privacy Policy

This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a customer (“you” or “your”). It provides information on what data we collect, why we collect the data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”).

1. Who are we?
We are Nic Bisseker Photography. We are the data controller responsible for your personal data.

2. What do we collect?
We collect the following information from you:

Personal information: This includes your name, address, e-mail address; phone number; gender and date of birth; country, as well as the names, dates of birth, gender and other details about your family members and other participants in a photography session, any health details relevant to your session with us (for eg child allergies or dog behavioural considerations) together with any other information that you elect to provide to us. This may be gathered for eg via this website (“Contact Me Form”), via enquiries from you, and/or through completing the Session Contract on booking a session.

Payment Information: Information about your debit/credit card and bank account information provided by you to our payment service providers, that we require for the purpose of processing payment for our goods and services.

Other Information: Personal details you choose to give when corresponding with us by phone or email or other equivalent , the Contact Me Form or attend a session. In providing our services we create photographs which may identify you, your family members and other participants and that may be considered personal data. Our photographs may be produced in print and digital format. You are responsible for ensuring that all participants in a photograph session have been provided with a copy of this privacy policy.

3. How we will use your personal information
We use your personal information in the following ways:

to provide you with our services and to create and deliver the products you have requested and contact you regarding your use of the services. Such use is necessary to respond to or implement your request and for the performance of the contract between you and us.

As necessary for certain legitimate business interests, which include the following: where we are asked to deal with any enquiries or complaints you make; if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing; and to (a) comply with legal obligations, (b) respond to requests from competent authorities; (c) protect our operations; (d) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (e) enforce or defend legal rights, or prevent damage.

With your consent, we may use your photographs to promote and advertise our business, including (a) in our studio and in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on our website and other digital advertising of our services; and (c) in social media forums such as Instagram, Pinterest and Facebook.

We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email only with your consent, if this was given at the time you provided us with the personal data. This information is not shared with third parties and you can unsubscribe at any time via phone or email. If you are not already on a mailing list you can indicate below if you would like to receive this information from us:

Please sign me up to receive details about future offers and news from Nic Bisseker Photography.

We may use your personal data for other purposes which you have consented to at the time of providing your data.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).

4. Disclosure of your information

We share your personal data with third parties in the following situations:
Service Providers: we sometimes engage selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services, and (iii)
providers of specialist services, including retouching, printers, framers and book binders. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.

Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our customers may be one of the transferred assets. Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.

5. Payment information

Any credit/debit card payments and other payments you make will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.

We store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted. You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details for the purpose of making any future purchases.

6. Data transfers

Your personal data will be transferred to and stored in countries other than the country in which the information was originally collected, including the United States (for eg Seventeen Hats – a client management software programme) and other destinations outside the European Economic Area (“EEA”) to our service providers for the purposes described above.

Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United Kingdom or EEA. Where we transfer your personal data to countries outside of the EEA we will take all steps to ensure that your personal data continue to be protected. We will implement appropriate safeguards for the transfer of personal data to our service providers in accordance with the applicable law, such as relying on our service providers’ Privacy Shield certification or implementing standard contractual clauses for data transfers. If you would like to receive more information on the safeguards that we implement,
including copies of relevant data transfer contracts, please contact us as indicated below.

7. Data retention
We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain your personal data for 7 years after your photography session and we retain full resolution digital files of your photographs for approximately 4 years. If you have given a model release for us to use your images in our promotions, we will retain your low resolution files for as long as we require for this purpose but usually not longer than 8 years. When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

8. Cookies

Cookies are used on this website and full details can be found including how to disable cookies in your browser in the Cookie Policy set out below.

9. Your data protection rights

Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:

Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.

Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

Right to object: You may ask us at any time to stop processing your personal data, and we will do so:
If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or If we are processing your personal data for direct marketing.

Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here https://ico.org.uk/global/contact-us/).

If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request.

10. Contact

Questions, comments or requests regarding this Privacy Policy should be addressed to:

Nic Bisseker
Nic Bisseker Photography
07879840171
nic @ nicbissekerphotography.co.uk

10. Changes to this Privacy Policy

This policy may be updated in the future and the last date of material changes will be shown above. If you continue to use our website you are agreeing to be bound by the latest policy update.

When you visit our site a banner pops up as required by law to get you to “Agree to our use of cookies or to Disable/Read More”. Given the explicit Cookie banner, you consent to the use and storage of cookies on your end device by continuing to use the website. Please otherwise either disable the cookies in your browser as set out below or stop using the website itself and delete if you wish as set out below.

What are cookies?

Like most websites, we use cookies. These are very small text files that are sent by your web browser by a website you visit and stored on your computer. Cookies for example record the preferences of visitors and identify especially popular sections of our website. In this way we can adapt the content and design of our website more specifically to suit its users and thereby improve what we offer you by providing you with the best user experience. They determine whether there has been contact between us in the past and thereby make your next visit easier.

This Website May Use:

Essential cookies – these are necessary for the operation of the website for eg to allow you to navigate around.

Preference cookies – These allow us to recognise you when you return so we can personalise the content you see.

Site analytic/performance cookies – These allow us to measure, how long you looked at them and where you found us. You can opt out of Google Analytics by clicking: https://www.google.com/intl/en/policies/privacy/. Mouseflow tracks movement anonymously around our site to help us improve our website for the future. It does not identify you by name or user details and does not see passwords ( just an IP address) and as we are part of the EU any details entered on my Contact Form are not tracked, but you can nevertheless opt out of any tracking it does at all by clicking: https://mouseflow.com/opt-out

Cookies on this site may also track the images you pin from here onto Pinterest so we can see which images you are enjoying.

Advertising/targeting cookies – This site uses a piece of software called the Facebook Pixel. This helps us to analyse how well our advertising on Facebook is working in relation to our website. As a result we can improve our advertising and ensure it is targeted most appropriately. You may be shown adverts we run on Facebook more often if you have previously visited this site. For more information on this, Facebooks Privacy Policies and how to opt out specifically please visit: https://www.facebook.com/policies/cookies/

Please note that third parties ( for example provider of external services like web traffic analysis services may also use cookies. ) These cookies are likely to be analytical/performance cookies or advertising cookies.

How to disable cookies from your browser

Some essential cookies cannot be disabled if they would stop the website from working so please discontinue your use of the site if you would like to opt out of the use of essential cookies. 

For other cookies used by my site you need to disable these in your browsers. Please be aware this may effect the quality of your visit to our site. You can prevent new cookies being installed and delete existing ones by following the links below according to the browser you are using:

For Chrome users:
https://support.google.com/chrome/answer/95647?hl=en

For Firefox users:
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

and to delete cookies already stored:
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored 

For Safari users:
https://help.apple.com/safari/mac/8.0/#/sfri11471

For Internet Explorer users:
https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

For any further information please check the support documentation for your browser or end device or go to:
http://allaboutcookies.org/

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