Tel: +49 176 551 39972
Munich tax office
Tax number: 144/102/30543
With this data protection declaration we would like to inform you about how we process personal data. We are aware of the importance of the processing of personal data for the user concerned and accordingly observe all relevant legal requirements. The protection of your privacy is of the utmost importance to us. Therefore, compliance with the legal provisions on data protection is a matter of course for us.
Data Protection Officer
We collect and process the following personal data about you:
– contact information
- Payment Information
– Social media identifiers
– online identifiers
We process your data for the following purposes:
– contract processing
- Quality control
The processing of your data takes place on the following legal basis:
– Your consent, Art. 6 Para. 1 lit. a) GDPR
– to execute a contract with you and to fulfill legal obligations, Art. 6 (1) (b) GDPR
– Legitimate interests, Art. 6 Para. 1 lit. f) GDPR (see below)
When processing your data, we pursue the following legitimate interests:
– Improvement of our offer
– Protection against misuse
When processing your data, we work together with the following service providers who have access to your data:
– Web hosting provider
– Providers of social media platforms
We receive the data from you (including about the devices you use).
Data transfer to third countries
Data is transferred to third countries outside the European Union. This is done on the basis of contractual provisions provided for by law, which are intended to ensure adequate protection of your data and which you can view on request.
We store your data
– if you have consented to the processing, no longer than until you revoke your consent,
- if we need the data to execute a contract or to fulfill legal obligations, at most for as long as the contractual relationship with you exists or statutory retention periods are in effect,
- if we use the data on the basis of a legitimate interest, at most as long as your interest in deletion or anonymization does not prevail.
rights of the data subject
You have the right – sometimes under certain conditions –
– request information about the processing of your data,
– correct your data,
– to have your data deleted or blocked,
– to have the processing restricted,
– to object to the processing of your data,
– receive your data in a transferable format and transmit it to a third party,
– revoke your consent to the processing of your data for the future and
– to complain to the competent supervisory authority about inadmissible data processing.
Need or Obligation to Provide Data
Unless expressly stated during the survey, the provision of data is not required or mandatory.
status of this data protection declaration
May 25, 2018
We reserve the right to change this data protection declaration at any time with effect for the future.
GENERAL DELIVERY AND BUSINESS CONDITIONS (GTC)
1. The following general terms and conditions of delivery and business (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the photographer.
2. They are deemed to have been agreed when the customer accepts the delivery or service or the photographer's offer, but no later than when the photographic material is accepted for publication.
3. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing.
4. Within the framework of an ongoing business relationship, the GTC also apply to all future orders, offers, deliveries and services of the photographer without express inclusion, unless expressly agreed otherwise.
II. Commissioned Productions
1. Insofar as the photographer creates cost estimates, these are non-binding. If costs increase during production, the photographer is only to report this if it becomes apparent that the originally estimated total costs will be exceeded by more than 15%. If the planned production time is exceeded for reasons for which the photographer is not responsible, additional remuneration based on the agreed time fee or in the form of an appropriate increase in the flat fee is to be paid.
2. The photographer is entitled to commission services from third parties that have to be purchased to carry out the production in the name and with authorization and for the account of the customer.
3. Unless otherwise agreed, the photographs that are presented to the customer for approval after the end of production are selected by the photographer.
4. If the photographer does not receive a written notice of defects within two weeks of delivery of the photos, the photos are deemed to have been accepted in accordance with the contract and free of defects.
III. Provided image material (analogue and digital)
1. The General Terms and Conditions apply to any image material provided to the customer, regardless of the creative stage or the technical form in which it is available. They also apply in particular to electronic or digitally transmitted image material.
2. The customer acknowledges that the photographic material provided by the photographer is copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
3. Design proposals or concepts commissioned by the customer are independent services that are to be remunerated.
4. The photographic material provided remains the property of the photographer, even if damages are paid for it.
5. The customer must treat the image material carefully and carefully and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
6. Complaints relating to the content of the delivered shipment or the content, quality or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded.
IV. Rights of Use
1. In principle, the customer only acquires a simple right of use for one-time use. Publications on the Internet or placement in digital databases are limited to the duration of the publication periods of the corresponding or comparable print object, unless otherwise agreed.
2. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
3. With the delivery, only the right of use is transferred for the one-off use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which/-s/-n the customer has/-s/-r arises from the circumstances of the placing of the order. In case of doubt, the purpose for which the image material was made available, as evidenced by the delivery note or the shipping address, is decisive.
4. Any use, exploitation, duplication, distribution or publication that goes beyond Section 3 is subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
– a secondary use or secondary publication, in particular in anthologies, product-related brochures, advertising measures or other reprints, any processing, modification or redesign of the image material,
– the digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard drives, RAM, microfilm, etc.), insofar as this is not only for technical processing and administration of the image material according to Section III 5. General Terms and Conditions,
– any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including internal electronic archives of the customer),
– the transfer of the digitized image material by way of long-distance data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.
5. Changes to the image material through photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the photographer and only if marked with [M]. The image material may not be drawn, photographed or otherwise used as a motif.
6 The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries. Any use, reproduction or forwarding of the image material is only permitted if the copyright notice provided by the photographer is attached in unequivocal assignment to the respective image.
7 The granting of the rights of use is subject to the condition precedent of the full payment of all payment claims of the photographer from the respective contractual relationship.
8th Even if the exclusive rights of use are transferred, the photographer remains entitled to use his photos for self-promotion purposes.
1 The photographer assumes no liability for infringement of the rights of depicted marks (trademarks, company designs), persons or objects, unless a correspondingly signed release form is attached. The acquisition of rights of use beyond the photographic copyright, e.g. B. for illustrated works of fine or applied art as well as obtaining publication permits from collections, museums etc. is the responsibility of the customer. The customer bears the responsibility for the captions as well as the contexts resulting from the concrete publication.
2 From the time the image material is properly delivered, the customer is responsible for its proper use.
1 The agreed fee applies. If no fee has been agreed, it is determined according to the current photo fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee does not include the applicable VAT.
. The agreed fee covers the one-off use of the image material for the agreed purpose in accordance with Section IV.3.
. Costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel expenses, necessary expenses, etc.) are not included in the fee and are borne by the customer.
4 The fee claim is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. In the case of production orders, the photographer is entitled to demand advance payments in accordance with the scope of services rendered.
5 The fee according to VI. 1. Terms and Conditions must also be paid in full if the commissioned and delivered image material is not published. If the recordings are used as a work template for layout and presentation purposes, a fee of at least EUR 75.00 per recording will be charged, unless otherwise agreed.
6 Offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. It is also permissible to set off counterclaims that are disputed but are ready for a decision.
VII. Return of the Images
1 Analogous image material must be returned in the form supplied without being asked immediately after publication or the agreed use, but no later than three months after the delivery date; two specimen copies must be enclosed. An extension of the 3-month period requires the written approval of the photographer.
2 Digital data must always be deleted or the data carrier destroyed after use has ended. The photographer is not liable for the existence and/or the possibility of a re-delivery of the data.
3 If, at the request of the customer or with the customer's consent, the photographer provides image material solely for the purpose of checking whether use or publication is possible, the customer must return analog image material within one month of receipt at the latest, unless a different period is stated on the delivery note. Digital data are to be deleted or the data carriers are to be destroyed or returned. An extension of this period is only effective if it has been confirmed in writing by the photographer.
4 The image material is returned by the customer at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage during transport until it is received by the photographer.
VIII. Penalty, Compensation
1 In the case of any unauthorized (without the consent of the photographer) use, application, reproduction or transfer of the image material, a contractual penalty of five times the usage fee must be paid for each individual case, subject to further claims for damages.
2. If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned, a surcharge of 100% on the agreed or usual usage fee is to be paid.
1. The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad.
2. Ancillary agreements to the contract or to these GTC must be in writing to be effective.
3. Any nullity or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful, valid provision that comes as close as possible to the desired regulation from an economic and legal point of view.
4. Place of performance and place of jurisdiction is, if the customer is a registered trader, the place of residence of the photographer.
GENERAL TERMS AND CONDITIONS OF DELIVERY AND BUSINESS
1. The following Standard Terms and Conditions of Delivery and Business (hereinafter referred to as the Standard Terms and Conditions) shall apply to all of orders, offers, deliveries and services executed by the photographer.
2. They shall be deemed to be binding on both parties upon acceptance of the photographer's delivery, service or offer by the customer, however no later than upon the photographic material being accepted for publication.
3. If the customer does not accept these Standard Terms and Conditions, it shall lodge written notification to this effect within three working days. Any alternative Standard Terms and Conditions on the part of the customer are hereby rejected. Alternative Standard Terms and Conditions on the part of the customer shall be deemed to be void unless the photographer agrees in writing to be bound by them.
4. In the absence of any express reference to the contrary, these Standard Terms and Conditions shall also apply to all of the photographer's future orders, offers, deliveries and services under the ongoing business relationship notwithstanding the absence of any express reference to them.
II. Commission products
1. Any cost estimates provided by the photographer shall be given without engagement. If any increase in costs occurs during production, the photographer shall only report such increase when it becomes evident that the original estimate of the total costs is likely to be exceeded by more than 15%. If the planned production period is exceeded for reasons beyond the photographer's control, additional remuneration shall be paid on the basis of the agreed time-based fee or in the form of a reasonable increase in the flat-rate fee agreed upon.
2. The photographer may commission third party services which are required for the execution of the production on behalf and for the account of the customer and with the customer's authorization.
3. Subject to any other provisions, the photographer shall be responsible for selecting the photographs to be presented to the customer for approval at the conclusion of production.
4. The photographs shall be deemed to have been duly accepted in accordance with the terms of the contract and be free of any faults unless notification to the contrary is served upon the photographer within two weeks of submission of the photographs.
III. Provision of photographic material (analogue and digital)
1. These Standard Terms and Conditions shall apply to all photographic material submitted to the customer regardless of its degree of completion or technical form. They shall expressly also apply to photographic material transmitted electronically or digitally.
2. The customer acknowledges that the photographic material provided by the photographer constitutes copyright material as defined in Section 2 (1) No. 5 of the German Copyright Act.
3. Any suggestions submitted by the customer concerning modifications or adjustments shall be deemed to constitute individual services which shall be subject to separate remuneration.
4. The photographic material provided shall remain the photographer's property notwithstanding the fact that consideration may have been received for it.
5. The customer shall treat the photographic material carefully and may only make it available to third parties for internal business purposes, i. e. for viewing, selection purposes and technical editing.
6. Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described.
IV. Utilization rights
1. The customer shall fundamentally only receive simple rights for one-time utilization. Subject to any other agreements, the right of publication on the Internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item.
2. Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to separate agreement as well as a surcharge of at least 100% on top of the basic fee in question.
3. Upon the photographic material being delivered, only the utilization rights shall be granted for one-time use of the photographic material for the purpose specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the recipient address shall be decisive.
4. Any use, exploitation, dissemination, copying or publication going beyond the scope provided for in Section 3 above shall be subject to separate remuneration and require the photographer's prior written approval. This shall particularly apply to
– secondary exploitation or publication including but not limited to anthologies, product-related brochures, advertising or, in the case of any other types of reprinting, any editing of or modifications or changes to the photographic material,
– digitalization, storage or duplication of the photographic material on data media of any type (e.g. magnetic, optic, magneto-optic or electronic media such as CD-ROM, DVD, hard disks, RAM, microfilms etc.) other than for the technical editing and management of the photographic material pursuant to III. 5. in,
– any reproduction or utilization of the photographic data on digital data media, inclusion or display of the photographic data on the Internet or in on-line databases or other electronic archives (including the customer's internal electronic archives),
– the transmission of digitalized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hardcopies.
5. Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the photographer's prior written approval and shall be designated as such by [M]. In addition, the photographic material may not be copied in drawing form, recreated photographically or used in any other manner as a motive.
6. The customer may not transfer the rights of utilization or any part thereof granted to it to any third parties unless these are members of its group or subsidiaries. All use, reproduction and transfer of the photographic material shall be subject to the condition that the copyright information stipulated by the photographer be included in such a way that it can be clearly allocated to the picture in question.
7. The grant of the rights of utilization shall be subject to the condition precedent of full settlement of all of the photographer's claims for payment under the applicable contractual relationship.
8th. The photographer still has the right to use his photographs for house advertising purposes even if he grants exclusive rights to the customer.
1. The photographer shall not be held liable for the breach of any rights (trademarks, company names, design rights) shown in the photographs or held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e. G. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.
2. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
1. The agreed fee shall apply. If no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax at the applicable rate.
2. The fee shall be deemed to constitute good consideration for the one-time utilization of the photographic material for the agreed purpose in accordance with Section IV. 3.
3. The fee shall not include any costs and expenses arising in connection with the order (e.g. cost of materials, laboratory, models, props, travel, other necessary expenses), which shall be borne by the customer.
4. The fee shall be payable upon delivery of the photographs. If the results of the production are supplied in parts, the corresponding part payment shall fall due upon receipt of the corresponding delivery. In the case of commission productions, the photographer may request advance payments matching the percentage of completion of the production.
5. The fee provided for in Section VI. 1 in shall be payable in full notwithstanding the fact that the photographic material ordered and supplied is not published. If the photographic material is to be used as a basis for layout and presentation purposes, a fee of at least Euro 75.00 shall be payable in the absence of any other agreement to the contrary.
6. Only counter-receivables which are not disputed or have been upheld in a court of law may be netted or shall be subject to a right of retention. Moreover, counter-receivables which are disputed but on which a decision is soon to be made may also be netted.
VII. Return of photographic material
1. Analog photographic material shall be returned in the form in which it was supplied immediately after it has been published or utilized for the agreed purpose provided that this is no later than three months after the date of delivery; two sample copies of the publication in which the photographic material appears shall be enclosed. An extension to this three-month period shall require the photographer's written approval.
2. Digital data shall be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued existence and/or possibility of renewed delivery of the data.
3. If at the customer's request or with its approval the photographer supplies photographic material solely for the purpose of determining whether it is suitable for use or publication, the customer shall return analog photographic material no later than one month of receipt in the absence of any other period stated on the consignment note. Digital data shall be deleted and/or the data media destroyed or returned. This period may only be extended with the photographer's written consent.
4. The customer shall return the photographic material at its own cost in standard packaging. The customer shall bear the risk of loss or damage during transportation until the photographic material reaches the photographer.
VIII. Penalties, damages
1. In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (ie without the photographer's consent), the customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other remedies available to the photographer.
2. If the copyright notice is missing, incomplete, in the wrong position or not possible of being clearly allocated to the picture in question, a surcharge of 100% of the agreed or customary fee shall be payable.
IX. General provisions
1. The contractual relationship anticipated by these Standard Terms and Conditions shall be subject to German law including in the case of deliveries to foreign destinations.
2. Any additions or modifications to these Standard Terms and Conditions shall be in writing only.
3. If any of the provisions contained in are void, this shall not prejudice the validity of the remaining provisions. In such a case, the parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.
4. The place of fulfillment and the legal venue shall be the photographer's domicile in cases in which the customer is a full merchant as defined by German commercial law.