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Privacy policy

THIS TEMPLATE MAY ONLY BE USED BY YOU IF YOU AGREE TO THE TERMS OF OUR DOCUMENT LICENCE:

http://www.website-law.co.uk/ourdocumentlicence.html

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1) What information do we collect?

We may collect, store and use the following kinds of personal data:

[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type, referral source, length of visit and number of page views]);]

[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including name address, emil address);]

[(c) information that you provide to us for the purpose of registering with us (including [DETAILS]);]

[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including [DETAILS]);]

[(e) any other information that you choose to send to us; and]

[(f) OTHER INFORMATION.]

[(2) Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website. [We will use the session cookies to: keep track of you whilst you navigate the website; and [OTHER USES].] [We will use the persistent cookies to: enable our website to recognise you when you visit; [OTHER USES].]

[Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]

[We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]

[Our [advertisers/payment services providers] may also send you cookies.]

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites [, including this one].]

(3) Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

[(a) administer the website;]

[(b) improve your browsing experience by personalising the website;]

[(c) enable your use of the services available on the website;]

[(d) send to you goods purchased via the website, and supply to you services purchased via the website;]

[(e) send statements and invoices to you, and collect payments from you;]

[(f) send you general (non-marketing) commercial communications;]

[(g) send you email notifications which you have specifically requested;]

[(h) send to you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);]

[(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]

[(j) deal with enquiries and complaints made by or about you relating to the website; and]

[(k) OTHER USES.]

[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.]

[We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.]

[All our website financial transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com). We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our website.]

(4) Disclosures

We may disclose information about you to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

[(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.]

Except as provided in this privacy policy, we will not provide your information to third parties.

[(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Economic Area (EEA), information which you provide may be transferred to countries [(including [the United States], [Japan], [OTHER COUNTRIES])] which do not have data protection laws equivalent to those in force in the EEA.

[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world.]

You expressly agree to such transfers of personal information.

(6) Security of your personal data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

[We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].]

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

[You are responsible for keeping your password and user details confidential. We will not ask you for your password.]

(7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

[We may also notify you of changes to our privacy policy by email.]

(8) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

(9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

(11) Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to [timhall@xsfoto.com] or by post to 139 Hangingwater Road, Sheffield, S11 7ES UK.

(12) Data controller

The data controller responsible for our website is [COMPANY/BUSINESS NAME].

Our data protection registration number is [NUMBER].

This website privacy policy is based on a template

created by Website-contracts.co.uk

and distributed by Website-law.co.uk.

Photographers' Contract

 This Contract is dated: 2007

BETWEEN:

(1) [ ] of [ ] (the “Photographer”); and

(2) [ ] of [ ] (the “Library”)

Fee: [ ]% of any licence fee received in relation to the Images

THE AGREED TERMS:

The Images: The Photographer has created original photograph(s) and wishes the Library to exploit the Image by granting limited use licences to customers. The Image must be uploaded to the Library’s computer system and accompanied with the Information requested by the Library during the upload process. The Library reserves the right to reject any Images and to refuse to include the Images in its databases.

Property: Ownership in the Images remain at the times with the Photographer. Whilst proper care will be taken of the Images, the Library shall not be responsible for any loss of or damage to the Images however caused whilst in its possession and the Photographer should keep his/her own copy and backups at all times.

Warranties: the Photographer warrants that:

(a) the Images are his/her original work;

(b) he/she owns the copyright of all the Images;

(c) he/she holds all appropriate consents from copyright owners, in respect of photographs reproducing other copyright Images;

(d) if appropriate, a model release is available in relation to all persons shown in the Images; and

(e) he/she has the full power to make this agreement, and has not entered into any other arrangement with a third party that adversely affects the granting of the rights in the Images to the Library.



Undertakings of Photographer: The Photographer undertakes:

(a) not to assign or dispose of the copyright in the Images;

(b) to indemnify the Library against any loss, costs, claims, proceedings, damage or expense the Library incurs in consequence of any breach of the warranties, these undertakings or this agreement;

(c) to waive all moral rights to be named as the creator of an Image or of any treatment of the Images other than any credit or special instructions that are included in the upload process for the Images.

Rights and Assignments: In consideration of the payments below the Photographer grants to the Library the right to copy and store copies of the Images in its databases, use low resolution versions of the Images in its marketing for licences of Images (and other photographer’s images), and to license the reproduction of the Images to third parties for the Term of this agreement.

Payments: the Library shall act as an independent licensor in respect of the Images and does not act as agent for the Photographer. The Library shall pay to the Photographer all and any monies received by it in respect of the use or exploitation of the Images less the Fee plus VAT. The Library will settle payment with the Photographer within 30 days of the end of each month in respect of all invoices paid during such period.

Audit: The Photographer has the right, upon written request, and not more than once a year, to appoint an auditor to examine the books of the Library insofar as they relate to the sales of the Images. This audit will be at his/her own expense but should an error in excess of 10% of sums due be discovered during such audit, the Library will pay the reasonable fees of such auditor.

Term:

(a) The agreement shall continue indefinitely until terminated. Either party may terminate this agreement by 30 days written notice.

(b) Termination shall not prejudice licensing agreements then existing or licenses issued by the Library or any negotiations which the Library has properly entered into with any third party prior to the date of termination.

Litigation: Each party shall promptly inform the other of any actual or suspected infringement of copyright, breach of moral rights or other matter giving rise to threatened proceedings or claims or demands in respect of any of the Images. The Photographer and the Library shall negotiate in good faith with a view to co-operating in any proposed legal proceedings. For the avoidance of doubt, the Library shall be under no obligation to institute any legal proceedings nor to take steps for the recovery of any fees payable in respect of use of the Images whether permitted or unauthorised.

Agreement: This agreement constitutes the entire understanding between the parties. It may not be varied except in writing signed by both.

Disputes: If any dispute shall arise between the Photographer and the Library out of or in connection with or in relation to this agreement, the matter shall be resolved by the English courts.

Law: This agreement shall be governed by the interpreted in all respects in accordance with the laws of England.

Users' Contract

Photographic Image Licence

Permission to reproduce requested by: [Name] [Address] [Telephone Number] [Fax Number] [email address] (the “User”)



Purpose of reproduction: [Advertising/Promotional] [Commercial Project] [Educational Project] [Entertainment Project] [Online Project] (the “Usage”)

Image to be reproduced: [insert] (the “Image”)

Type of Publication: [Book] [Newspaper/Magazine] [CD cover] etc. [Other (please state)]

Industry Sector: [ ]

Number of Publications: [insert] [the “Print Run”]

Title of Publication: [insert] (the “Publication”)

Territory: [ ] (the “Territory”)

Time: [ ] (“Time Period”)

Fee: [insert]

The Image may only be used for the declared Usage within the Industry Sector, the Territory and subject to the agreed maximum Print Run in the Publication, and/or Time Period.

In consideration of the User paying [£ ], under clause 13 of this Agreement (the “Fee”) [ ] (the “User”) hereby agrees that the User may use the Image upon the terms and conditions [attached] [or on-line]

Date: [insert]

Signed for and on behalf of the User:

[If on line check web site structure to ensure terms are brought to the attention of the user]

[Drafting note: If licence is to be ‘royalty free’ then definitions of purpose /publication/other restrictions/print run/Industry Sector etc. will be ‘none’.]

Terms and Conditions for the reproduction of Photographs

Permission to reproduce the Image is dependent on the acceptance of the Terms and Conditions detailed below and permission will be automatically withdrawn should any part be infringed.



1. The User is granted permission to use and reproduce the Image only for the Usage, Industry Sector, Type of Publications, Print Run, Publication, Territory, Time Period, or other limits selected by the User during the application process (“Project”).

2. The Rights that are granted to the User in respect of the Image are non-exclusive and non-transferable. All reprints, further editions or use of the Image, other than for the Project, including reproduction for an increase in the Print Run, will require a new application by the User and payment of a further fee.

3. Copyright in the Image remains the property of the Library or its Photographer unless otherwise stated. The User may not resell or licence or distribute the Image unless written consent is obtained from the Library.

4. The User may transfer the Image to its clients and printers for the Project, provided that they have no other rights to use the Image and cannot access or extract it from the file the User provides.

5. The User agrees to indemnify the Library in respect of any claims or damages or any loss or costs arising in any manner from the reproduction of the Image (or any part of it) without proper rights or consent.

6. The Library shall not be liable for any loss or damage suffered by the User or by any third party arising from the use of the Image or any part of it. The Library’s entire liability and the User’s exclusive remedy with respect to any claims arising from the use of the Image shall be limited to a refund of the Fee. Nothing in this agreement shall limit the Library’s liability for death or personal injury caused by its negligence or fraudulent misrepresentation.

7. All reproductions of the Image must be accompanied by the credit supplied to the User with the Image.

8. The Image may not be used in any way that the Library may consider (acting reasonably) (or under any applicable law) as being pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would reasonably likely to bring any person or property reflected in the Image into disrepute.

9. If the Image features a person (“model”) the Image may not be used in any way that would lead a third party to believe that:

(i) the model uses or personally endorses any business, product, service, cause, association or other endeavour; or

(ii) that depicts the model in a potentially sensitive subject matter including, health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments or any other subject that could be reasonably likened to be otherwise unflattering to any person in the Image.

10. No variation of these terms and conditions shall be effective unless agreed in writing by both parties.

11. This Agreement shall be governed by the laws of England.