Sylvia Ciociano Photography | Privacy Policy - Terms & Conditions
PRIVACY POLICY 
 
What Information is being collected?
 
During your initial enquiry I normally collect your name, email address, telephone number, your estimated due date or date of birth of your little one.
 
Who is collecting it?
 
It’s me Sylvia Ciociano and no one else.
 
How is it being collected?
 
If you make an enquiry via my “contact me” form, email or telephone you may wonder what happens to those details.
 
This form has been created on Jotform Website. Jotform Website servers are based in the US Their Privacy Policy can be found on the following link https://www.jotform.com/gdpr-compliance/
 
 The form is forwarded to me via email, and I then input that information into an Excel spreadsheet to help me track enquiries, send contracts and basically helps me run my business.
 
If you enquire via telephone or email you details will go straight into the same spreadsheet as above.
I will respond to your enquiry via email with the relevant information that you requested. Your details will go on my database and I will follow up with you as needed.
I send email only when I have special offers and model calls. I do not spam you and I limit the number of emails to at most 9 per year.
 
Why is it being collected and how will it be used?
 
 Your data is collected simply so I can respond to your enquiry.
 
Who will it be shared with?
 
Your privacy is just as important to me as my own privacy is. I do not share your information with any third parties.
 
Note: This Privacy Policy was written under the guidance of Suzanne Dibble. You can purchase the GDPR complaince pack. I highly recommend this for a stress free process to becoming GDPR compliant! 
 
 
 
1). INTRODUCTION 
 
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.sylviaciociano.co.uk
By providing us with your data, you warrant to us that you are over 13 years of age.
Sylvia Ciociano Photography is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Contact Details
Our full details are:
Full name of legal entity: Sylvia Ciociano Photography 
Email address: info@sylviaciociano.co.uk
Postal address: 16 Carnecke Gardens SE9 6EY Eltham, Greenwich.
Telephone number: 07507519409
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at info@sylviaciociano.co.uk
 
2). WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
 
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
• Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
• Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
• Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
• Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
• We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is a legitimate interest which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
 
Sensitive Data
 
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
We require your explicit consent for processing sensitive data, so when you submit your details you will be asked to confirm your consent to this processing.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at info@sylviaciociano.co.uk In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
 
3). HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies.
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or agregators.
We may also receive data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
 
4). MARKETING COMMUNICATIONS
 
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at info@sylviaciociano.co.uk at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
 
5). DISCLOSURES OF YOUR PERSONAL DATA 
 
We may have to share your personal data with the parties set out below:
• Service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers
• Government bodies that require us to report processing activities.
• Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
 
6).  INTERNATIONAL TRANSFERS 
 
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
• We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
• Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
• If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
 
7). DATA SECURITY
 
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
 
 
8). DATA RETENTION 
 
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
 
9). YOUR LEGAL RIGHTS 
 
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
 
You can see more about these rights at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
 
If you wish to exercise any of the rights set out above, please email us at info@sylviaciociano.co.uk.
 
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
 
 
10). THIRD-PARTY LINKS
 
Of course, other sites that we have links to are not in our control and this privacy policy does not cover the links within this site that go elsewhere.
Where you do find links on this site they have been put there because we think they may have something of use to you.
 
11). COOKIES
 
What are cookies?
Cookies are small, harmless, helpful files which are stored on your computer in order to gather information or to aid the functionally of a website. Cookies are extremely common and are used by almost every website you visit.
 
We use cookies to gather information on visitor’s journeys through our website. Collecting this information allows us to understand how visitors use our website and gives us the ability to improve and tailor our website to the needs of our users.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
 
If you wish to block cookies there are lots of ways of doing this so don’t worry you will still be able to view my website. 

 

 

TERMS & CONDITIONS

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.

  1. Booking Fee

The Non-refundable Booking Fee secures the time and services of the Photographer for the 1st Birthday Cake Smash Session and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation.

  1. Payments

No Photographs, Storyboards, prints or Optional Extras will be delivered until all payments due have been paid in full. Sylvia Ciociano Photography will be in contact with you approximately [1] week prior to your session to arrange a pre-event appointment, if this is deemed necessary.

  1. Prices

All prices are as at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Optional Extras and Travel, then we will inform the Client of such within 07 days.

  1. Photographer(s)

The Principal Photographer will be Sylvia Ciociano-Nel, and where she deems appropriate, a 2nd Photographer of her choice will be provided at no extra cost. They will be the ONLY stills Photographers allowed to attend the session for financial gain. 

  1. Images

All image sizes are nominal. The Photographer 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 fibers. It is sometimes impossible to record digitally the exact colour as seen by the human eye. The number and style of photographs delivered to the client by the Photographer shall be deemed correct. Once the Gallery is ready the Client will come back to my house to see it and purchase their products on the day. If the Client fails to attend their viewing session and wants to arrange another one the Client will have to pay £85.

  1. Creative Licence

The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.

Display

The Photographer may display any photographs included in this contract in her studio, web site, portfolio, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client at the time of signing the contract.

  1. Retouching

Retouching, digital manipulation and artist finishing is available to the Client as an optional extra (£10 per photo).

  1. 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.

  1. 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. Digital files remain the property of The Photographer(s).

Client agrees SCP can use the images from the session on her Website, Social Media or advertising material.

  1. Licensed Images

Images supplied by us on a USB as jpeg format digital files will be of sufficient resolution for printing (if Client has purchased a digital set of files). They are licensed to you for sharing or displaying electronically with Family and Friends and for printing by Parents only.

  1. Third Party Printing

Sylvia Ciociano Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB that we supply by Third Party Printers such as High Street photo processing shops.

  1. Attendance

In the unlikely event of the assigned Photographer being unable to attend the session due to unforeseen circumstances, we will rearrange the session.

  1. Delivery

Digital processing and image manipulation can take anything from 2-3 weeks in busy periods might take up to 4 weeks. Sylvia Ciociano Photography can therefore only provide the final product (USB/prints, albums, photoblocks) around that time. Upon receipt of the products, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required. Cooling off period All portraits, books, albums, etc. are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period. By placing an order with Sylvia Ciociano Photography you are committing to buy the ordered products.

  1. 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. It is the responsibility of the client to inform the photographer of any allergies upon booking Cake Smash & Splash Sessions. The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The photographer has the cakes professionally made by a third-party. Items may contain or have come in contact with nuts.

  1. Force Majeure (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.

  1. 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.

We understand that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Sylvia Ciociano Photography no later than 12 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Sylvia Ciociano Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Sylvia Ciociano Photography has the right to cancel the booking with all payments made non-refundable. When cancelling a Cake Smash Session because the cake is made to order, Cake Smash sessions must be cancelled at least 4 working days in advance. If less notice than this is given, a £30 rebooking fee will be charged, whatever the reason for the cancellation.

Cancellation less than 4 weeks before the event will result in the payment in full. All cancellations must be in writing. Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s).  In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

Notice received 30 days prior to the event/session date or more: Booking Fee only.

Notice received less than 30 days: 50% of the agreed balance due will be payable.

Where no package has been selected on the original booking form/email, the agreed balance will be accepted and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.

Where an Event/Session is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.

  1. Complaints

Any complaints should first be raised by the Client with the Photographer in writing within 24hours from the date of receipt of images or any products.

  1. Conduct & Safety

The Photographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control their conduct, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer or of the Client. The Client understands that in such an event, no refunds will be granted. Photographic equipment: Cameras, mobile phone cameras and camcorders are not permitted during any session, in studio or on location.

  1. Country of Jurisprudence

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.