Terms of Business & GDPR

PENGELLY PHOTOGRAPHY
Privacy Policy

Pengelly Photography takes your privacy very seriously. This privacy policy has been prepared in line with the EU’s General Data Protection Regulation (GDPR), which promotes fairness and transparency for all individuals in respect of their personal data. Should we ask you to provide certain information which you can be identified by when using this website then you can be assured it will only be in accordance with this privacy statement. This privacy policy applies to all data we process, and by using Pengelly Photography you consent to our collection and use of such data.
Pengelly Photography may need to change this policy from time to time and will update this page. You should check this page to ensure you are happy with any changes. This Policy is effective from the 23rd May 2018
1. The Data we collect
As a data controller we collect a variety of data in order to deliver our services, and we will manage your personal data transparently, fairly and securely.
We may ask you to provide us the following data –
Name and Surname
Contact information including email address and phone numbers you provide
Address and postcode
Date of your wedding and venue
Details / notes taken in a meeting with you; to help us remember conversations and details so we can provide the best possible service on the day.
If you email us or message us through social media these messages are stored within our email account and social media account and are stored as long as practicable so it allows us to provide you with better future services.
As we are a photographic business we also create and manage images as per our contractual agreement(s).

 

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2. What we do with the information we gather
We require this information to understand your needs and to provide you with the best possible service; we may use the information you have provided for:
Internal record keeping
To improve our products and services
To fulfil an order
We may send you emails from time to time to arrange meetings to discuss your wedding and timings in more details, let you know about special offers and new products, keep you updated on your images and other information you may find interesting using the email address you have provided.
We are also required by law to collect and retain certain information relating to any order you place with us and wedding booking you make with us to comply with HMRC accounting regulations.

3. Who do we share it with?
Pengelly Photography takes your privacy very seriously. We do not sell your data to third party organisations. There are only a few cases where some of your data may be shared with third parties to allow us to provide our services to you and these include:
Service Providers for delivery and postage to allow us to send you documentation, orders and albums (information shared would include Name, Address and in some case email address / mobile number)
Manufacturers (our album provider), information shared includes Name, wedding date and venue.
Customer payment provider when placing and online order so we can process your order and fulfil our service to you, information shared includes, name, address and email address.
4. How long is the data stored?
We will retain your data for a period of 7 years, after this time we will archive your photographs indefinitely along with your relevant details and consent forms. This is due to requests for replacement images being made several years after being taken.
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5. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

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

 

 

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7. Links to other websites
Our website does contain links to other websites which we feel may be of interest to you. Once you have used these links to leave our site, you should note that we do not have any control over that other website and we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

8. Controlling your personal information
You may choose to restrict the collection or use of your personal information by letting us know what you are not happy with and we will remove your details immediately.
We will never sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information, which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Pengelly Photography, 37 Layzell Croft, Great Cornard, Sudbury Suffolk CO10 0JY.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

 

Terms & Conditions

General

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking Fee

The Booking Fee assures the time and services of the Photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer(s) due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

Payments

Following payment of the booking fee, balance of fees due are to be paid 28 days prior to the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.

Display

The Photographer(s) may display any photographs included in this contract in his/her studio, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows and social media, Facebook, Instagram, Twitter.

Images

All image sizes are nominal. The Photographer(s) will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye.

Retouching

Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

Reorders

All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Copyright

Any images or copies of images, whether stored digitally or otherwise and any computer program, including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the Photographer(s) in writing.

Licence

The Photographer(s) shall be granted licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested.

Weather and/or Delays

Weather permitting, the photographs will be taken as agreed. In the event of inclement weather, Pengelly Photography, in co-operation with the Client, will make the necessary changes to the schedule and will do their best to produce coverage of the wedding within the time allocated to them. Similarly, when delays occur due to circumstances outside their control, Pengelly Photography will stay beyond the agreed time but will charge an extra fee for the extra time involved.

Requested Photographs

Pengelly Photography will honour requests for specific photographs subject to the following: weather and time permitting, availability and the co-operation of the person(s) concerned. All such requested photographs must form part of the clients final wedding order.

Coverage

Pengelly Photography cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by officials of the church, register office or licenced marriage venue.

Force majeure or Act of God

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

Attendance

In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Cancellation

The Client may cancel this contract at any time by giving written notice to The Photographer(s) but in doing so shall forfeit any monies paid. Should cancellation be received by the Photographer(s) less than 10 weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the Photographer(s) would suffer.

Digital Files

Digital files remain the property of the Photographers.

Prices

Complaints

Any complaints should first be raised by the client with the Photographer(s) in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint, the Client may request the The BIPP ( British Institute of Professional Photographers) or The Guild of Wedding Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Security

Shopping at Pengelly Photography is safe and secure because we use industry leading secure server technology that implements Secure Socket Layering (SSL) to protect your details and assist your shopping experience.

SSL is the industry standard for encryption and enables millions of secure online transactions everyday. We are committed to providing the safest and most secure shopping experience available online.

terms of business

Reprint Orders

Photographic orders will only be processed when full payment of orders are received.

Photographs will be dispatched on completion of order approximately two weeks from receipt of payment

If a mistake occurs on an order due to an oversight by the customer, then any photograph to be reprinted will be charged to the customer at current reprint prices.

If a mistake occurs on an order due to Pengelly Photography, then any photograph to be reprinted will be done so at no extra cost to the customer.

Any mistake must be notified to Pengelly Photography within 24 hours from receipt of photographs