This page and all contents below were last updated in June 2020.

TERMS OF USE

 

To look after your privacy and to keep our Services useful, Jack Abbiss Photography Ltd users and account holders must adhere to this Terms of Use Agreement (“Terms of Use”) and our Privacy Policy. By using Jack Abbiss Photography Ltd, either as a visitor or as an account holder, you are deemed to have accepted these Terms of Use and our Privacy Policy.

1. About us

Jack Abbiss Photography is a trademark of Jack Abbiss Photography Limited, a private company registered in England under Company Number 12584966.

2. Use of our Site and Services

Your access to and use of our Site and Services is subject to these Terms of Use. It is a legal agreement between you and Jack Abbiss Photography Ltd and forms a contract for the use of our Services. Subject to your acceptance of and adherence to these Terms of Use, we grant you a limited, non-exclusive license to utilise our Services as set forth herein.

By accessing and using our Site and Services, you accept, without limitation or qualification, these Terms of Use and our Privacy policy.

The terms “you”, “your”, “user”, “customer”, “buyer”, “client” refer to all individuals and entities that access our Services.

3. Modification of Terms of Use

We reserve the right to change these Terms of Use from time to time without notice, as we deem necessary. A link to the most current Terms of Use will be available from abbiss.org/policies and we will indicate the date of the latest update at the top of the page. We encourage you to review the Terms of Use periodically to check you understand the latest version. Your continued use of our Services constitutes your acceptance of any changes to the Terms of Use.

4. Requirements of use

Jack Abbiss Photography Ltd Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Purchases from abbiss.org, portfolio.abbiss.org and clients.abbiss.org may only be made if you are over 18 years of age.

5. Acceptable use

You may only use our Services in accordance with these Terms of Use and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access our Services.

In particular, you agree not to access without authority, interfere with, damage or disrupt any:

  1.  Part of our Services;
  2.  Equipment or network on which our Services are stored;
  3.  Software used in the provision of our Services; or
  4.  Equipment or network or software owned or used by any third party.

Your contributions to our Services in the form of data and other information must:

  1.  Be accurate; and
  2.  Comply with applicable law in the UK and in any country from which they are posted.

Your contributions to our Services in the form of data and other information must not:

  1.  Contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
  2.  Promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3.  Infringe any copyright, database right, trademark or any other right of any other person;
  4.  Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  5.  Be likely to harass, upset, embarrass alarm or annoy any other person;
  6.  Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  7.  Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When issues are brought to our attention we will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Services. When a breach has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing your right to use our Services; removing any posting or material you have uploaded; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by Jack Abbiss Photography Ltd.

6. User generated content and data

Subject to Jack Abbiss Photography Ltd’s adherence to the privacy settings you select within our Services, you hereby grant to Jack Abbiss Photography Ltd a perpetual, irrevocable, non-exclusive, worldwide, royalty-free licence, with the right to sub-license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, images or other data and information you submit to our Services (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. User Generated Content includes but is not limited to [service details]. Subject to Jack Abbiss Photography Ltd’s adherence to the privacy settings you select within our Site or Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Jack Abbiss Photography Ltd’s use of the User Generated Content or require your permission for Jack Abbiss Photography Ltd to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Jack Abbiss Photography Ltd or its partners relating to Jack Abbiss Photography Ltd’s or its partners’ use of the User Generated Content in accordance with your privacy settings, and you hereby release Jack Abbiss Photography Ltd and its partners from any such claims. You represent that your User Generated Content and Data will fully comply with our “Acceptable use” (Clause 5) rules above.

7. Privacy policy and passwords

If you use our Services you may share information about yourself and your experiences. Although we will always ask for your permission to share your information, it is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our Privacy Policy which we encourage you to read.

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login information or password. Jack Abbiss Photography Ltd cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party’s fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in Jack Abbiss Photography Ltd account registration form is accurate and complete, and you agree to update your account information, as necessary, including providing Jack Abbiss Photography Ltd with your current email address, so that you may receive notifications and other account-related communications.

8. Intellectual Property

The contents of our Services and underlying technologies used in connection with the provision of Jack Abbiss Photography Ltd Services are protected by copyrights, trademarks, database rights and other intellectual property rights which are owned by Jack Abbiss Photography Ltd and/or its partners. You acknowledge this and agree that no part of Jack Abbiss Photography Ltd’s Services may be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of Jack Abbiss Photography Ltd, or any third party. You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by Jack Abbiss Photography Ltd.

9. User indemnification

You agree to indemnify, keep indemnified, defend and hold harmless Jack Abbiss Photography Ltd, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with your use of our Services, including any User Generated Content you post, store, reproduce, display, or distribute; your violation of these Terms of Use; or your violation of any intellectual property or other third party rights or any applicable law in connection with your use of our Site or Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you agree to cooperate with us in asserting the available defences.

10. Our Services; Limitation of Liability

Jack Abbiss Photography Ltd works hard to provide helpful and accurate information on our Site and Services but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made through them.

Further, our Site and Services are provided to you on an “as is” and “as available” basis. You agree that access to and use of our Site and Services, their functionality and the content and data therein is at your own risk. To the fullest extent permitted by law, our Site and Services and any individual person or party connected to them or involved in creating, producing or delivering them hereby exclude:

  1.  All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
  2.  Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of our Services or websites and applications linked to our Services, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  3.  Written communication and notices

When using Jack Abbiss Photography Ltd Services, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us, including any complaints that you might have about Jack Abbiss Photography Ltd Services, must be given to Jack Abbiss Photography Ltd by email via Contact us. We may give notice to you at either the email address you provide to us when you create an account, or in any of the ways specified in this paragraph.

11. Waiver

If we fail at any time during the term of your use of our Site to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

12. Severability

If any of these Terms of Use or any provisions of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

13. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of our Site and Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

14. Availability

All Jack Abbiss Photography Ltd products and services are subject to availability and are made available at the sole discretion of Jack Abbiss Photography Ltd.

15. Law and jurisdiction

These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

16. Photo Requests

By submitting a Photo Request Form, you confirm that you are either the subject (person in the photograph) of the photo, or have the express permission of the subject of the photos being requested. Where the subject of a photo is a child, you confirm that you are either the parent or legal guardian of that child. Photos requested, viewed and purchased via Jack Abbiss Photography Ltd and this website are for private use, and are not to be used commercially without the express permission of Jack Abbiss Photography Ltd.

SALES TERMS AND CONDITIONS

 

Thank you for shopping with Jack Abbiss Photography Ltd! By placing an order on abbiss.org, portfolio.abbiss.org or clients.abbiss.org, you accept the Terms of Sale set forth below. Please read through them thoroughly. These items may be updated at any time; please check back for updates. Contact Jack directly with any questions via abbiss.org/generalenquiry.

Please note that by purchasing prints and/or other physical products from Jack Abbiss Photography Ltd, you are licensed to use the images for limited personal use only. Unless your session fee or your purchase includes a digital file download and an accompanying personal use release, you are not licensed to create digital copies of your images, use for commercial purposes or print copies of them elsewhere.

1. Refund / Exchange Policy

Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by Jack Abbiss Photography Ltd on abbiss.org, portfolio.abbiss.org and clients.abbiss.org are non-refundable. If an item is identified to be damaged or defective, the buyer is to report this to Jack Abbiss Photography Ltd within 3 working days of receiving the product. Refund are strictly at the discretion of Jack Abbiss Photography Ltd. Digital downloads are non-refundable.

All returns for replacement must follow the conditions below:

  • All products must be returned complete.
  • Jack Abbiss Photography Ltd will not accept items that have been intentionally physically damaged or abused. Each returned item will be closely inspected by our print lab, Loxley Colour, in order to determine if a refund is necessary.
  • All returns must be shipped freight prepaid.
  • All related fees (shipping and return shipping fees) are non-refundable for all products in all cases.
  • Claim for missing products must be reported within 10 days from date item is shipped. If the item has been marked as delivered by the courier, a refund is not possible, and the issue should instead be taken up with the delivery courier using the tracking number provided.

2. Unauthorised Returns

Shipments that are refused without authorisation, or that are returned because the address was invalid are not subject refund. The buyer accepts all responsibility for ensuring they provide correct information.

3. Production Times

Our print partner, Loxley Colour, aims to produce our products in some of the industry’s quickest times. Where delay is caused by a factor beyond our reasonable control, we will not be responsible for any loss suffered by you because of the delay. In many circumstances’ orders will be dispatched quicker than the allotted production time.

4. Copyrights & Trademarks

All materials appearing on abbiss.org are the property of Jack Abbiss Photography Ltd. Materials protected by this copyright include, any and all images and any and all text; (including logos and other graphics); and any and all design elements of the website. You may use the content abbiss.org, portfolio.abbiss.org and clients.abbiss.org for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorised use of the materials appearing on abbiss.org, portfolio.abbiss.org and clients.abbiss.org may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorised use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of abbiss.org, portfolio.abbiss.org and clients.abbiss.org.

The “Jack Abbiss Photography” logos are trademarks of Jack Abbiss Photography Ltd, as are all custom graphics, icons, and logos found on abbiss.org, portfolio.abbiss.org and clients.abbiss.org.

5. Disclaimer & Limitation of Liability

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Jack Abbiss Photography Ltd on abbiss.org, portfolio.abbiss.org and clients.abbiss.org are non-refundable. Jack Abbiss Photography Ltd makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Jack Abbiss Photography Ltd expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Jack Abbiss Photography Ltd arising from any product sold on this website shall be the price of the product ordered. In no event shall Jack Abbiss Photography Ltd, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Jack Abbiss Photography Ltd, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of abbiss.org.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

6. Typographical & Photographical Errors

Jack Abbiss Photography Ltd attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on abbiss.org, portfolio.abbiss.org or clients.abbiss.org is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Jack Abbiss Photography Ltd shall have the right, at our sole discretion, to either honour the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

7. Order Acceptance Policy

Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. Jack Abbiss Photography Ltd reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.

8. Jurisdiction

Jack Abbiss Photography Ltd is based in the United Kingdom, and you agree that any legal action brought against Jack Abbiss Photography Ltd shall be governed by the laws of the United Kingdom without regard to its conflict of law principles.

9. Sales Policy Agreement

By placing an order at abbiss.org, portfolio.abbiss.org and clients.abbiss.org, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order at abbiss.org, portfolio.abbiss.org and clients.abbiss.org, a customer has agreed to the total amount of the sale, and authorised Jack Abbiss Photography Ltd to collect payment via the payment method the customer specified. Jack Abbiss Photography Ltd reserves the right to make changes to this site and these terms and conditions at any time.

Note: Jack Abbiss Photography Ltd attempts to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Jack Abbiss Photography Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

10. Privacy & Security Policies

Jack Abbiss Photography Ltd does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.

11. Your Personal Information

When you place an order at our site, you provide us with your name, email address, credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.

In order to serve you best, credit card transactions are handled by a reputable third-party banking institution. Once the bank authorises your credit card, we begin processing your order. The banking institution we do business with is under strict obligation to keep your personal information private.

We also work with third parties that perform various vital functions on our behalf. Such functions include shipping and delivering of packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.

Jack Abbiss Photography may occasionally notify you via email about important functionality changes to our web site or special offers we think you’ll find valuable. At the bottom of every such email are directions on how to take your email address off our list.

12. Your Consent

By using our web site, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, we will post those changes on this page. Jack Abbiss Photography Ltd will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful, to the proper authorities. Additionally, we may release account information when we feel that such a release is necessary to enforce the terms of our user agreement, or to protect the rights, property, and safety of our users, Jack Abbiss Photography Ltd, or others. Other sites accessible through abbiss.org have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Jack Abbiss Photography Ltd is not responsible for the actions of third-parties.

If you have any questions about this privacy statement, Jack Abbiss Photography Ltd’s practices, or your business with Jack Abbiss Photography Ltd, please contact customer service at abbiss.org/generalenquiry. Please check back occasionally for any updates or changes to our privacy policy.

13. Voucher Policy

All vouchers purchased by abbiss.org website or by any other source are non-refundable. They have set expiration date after which any voucher will not be eligible to use.

14. License

All images are property of Jack Abbiss Photography Ltd and are copyrighted by law. None of them cannot be copied, used or published for commercial purposes without Jack Abbiss Photography Ltd’s clear permission to do so. Jack Abbiss Photography Ltd reserves the right to use all of the Client’s images on website, blogs, or any other related marketing material.

15. Quality of Products

By purchasing digital downloads and prints, you accept that the physical or digital item may degrade in quality based on the size of the canvas. This is a natural limit imposed by the megapixels capacity of the camera equipment and/or printing equipment. For large prints, the customer accepts that a degradation to the image quality may be visible, especially when viewed closely. Additionally, all screens differ in the way the colour spectrum appears due to differing configurations. Whilst it is often subtle differences, customers should note that the colours which appear on a screen will differ to a printed version of the item. Finally, any differences in the dimensions of the printed item less than 15mm from that expected of the ordered product are considered to be acceptable printing flaws and will not be considered for refund.

In purchasing items, the customers agrees Jack Abbiss Photography Ltd will not be held liable or to account for any of the issues detailed above.

DIGITAL IMAGE LICENCE

 

1. Customer Usage

The Customer shall only use the digital files in accordance with the permissions within this agreement. The Customer’s digital files are for personal use only and shall not be submitted to contests, reproduced for commercial use, or reproduced in any way by parties other than the Photographer. The redistribution of digital images is strictly prohibited.

Jack Abbiss Photography Ltd grants the Customer a non-exclusive, non-transferable, perpetual, personal-use license to reproduce Media via print only for any non-commercial use, including but not limited to reprints, enlargements, gifts to family and friends, slide shows, and web pages. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with Jack Abbiss Photography Ltd. There are no warranties, express or implied. The Media is provided “as is.”

2. Social Media

The Customer may share blog post links and Social Media albums through use of the share functions and dissemination of direct links. All images posted on social media require a direct link or credit towards Jack Abbiss Photography Ltd. The Customer shall not copy, download, screen shot, or capture the photographs in any other fashion.

3. What You May Do

Personal, Non-Commercial use of the Media includes:

  • Display on personal websites and computers

  • Making image prints for personal use

4. What You May Not Do

Buyer may not:

  • Resell, relicense, sub-license, redistribute without express written permission from the Photographer

  • Use the Media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration

  • Use the Media in advertising

  • Use the Media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner

  • Incorporate the Media into trademarks, logos, or service marks

  • Make the Media available for download

Neither Jack Abbiss Photography Ltd nor Jack Abbiss Photography Ltd’s vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or Customer’s use of the Media.

5. Licence 

All images are property of Jack Abbiss Photography Ltd and are copyrighted by law. None of them cannot be copied, used, or published for commercial purposes without Jack Abbiss Photography’s clear permission to do so. Jack Abbiss Photography Ltd reserves the right to use all of the Customer’s images on website, blogs, or any other related marketing material.

PRIVACY POLICY

 

1. Your privacy

This privacy policy is issued on behalf of Jack Abbiss Photography Ltd so when we mention “Jack Abbiss Photography Ltd”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in Jack Abbiss Photography Ltd responsible for processing your data.

Your privacy is important to us and we are committed to protecting any information about you that we collect and store. This privacy policy will tell you what personal information we collect, how we look after it and how the law protects you.

This privacy policy is divided into sections so that you can move easily between sections.

2. How to use our privacy policy

This privacy policy gives you information on how and why we collect and processes your personal data, for example any data you may provide when you sign up to our newsletter, purchase a surf session, sign our waiver or take part in a competition.

We keep our privacy policy under regular review. This version was last updated in May 2020. Please check this page from time to time to ensure that you are aware of any updates.

3. Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Full name of legal entity: Jack Abbiss Photography Ltd

Email: via Contact page (https://www.abbiss.org/generalenquiry)

4. Third-party links

This website may include links to third-party websites and applications. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

5. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes information such as your IP address, browser, network location, operating system and device.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

6. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

7. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you;
  • create a User Account;
  • make a purchase;
  • buy an Early Rider Membership pass;
  • subscribe to our newsletter;
  • sign up for director or partner marketing;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

8. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you (e.g. when you have made a purchase).
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

9. Marketing

We will provide you with clear choices on how we use your personal data for marketing and advertising purposes.

10. Direct Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

11. Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

12. Opting out

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 contacting us at any time.

13. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

14. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

15. Disclosures of your personal data

We may share your personal data with the parties set out below.

  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
  • Other companies in Jack Abbiss Photography Ltd Group Limited Group.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

16. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

17. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

18. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

19. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

– If you want us to establish the data’s accuracy.

– Where our use of the data is unlawful but you do not want us to erase it.

– Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

– You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

20. No fee usually required

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. Alternatively, we could refuse to comply with your request in these circumstances.

21. What we may need from you

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.

22. Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could 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 and keep you updated.

COOKIE POLICY

 

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Some cookies are used for advertising, so you are shown adverts that are more personalised to you, based on your previous internet behaviour.

Some examples of cookies could be:

  • storing information to personalise the website to your chosen requirements
  • a website that sells things may use a cookie to record items you have in a shopping basket
  • cookies can be used to record users behaviour on a website, for example to record the pages they have viewed

There are two different types of cookie that can be placed in your browser by a website:

  1. Session cookies are only used for the period you use the website, and are deleted when you close your web browser. A new cookie would then be placed in your web browser if you were to visit the same website again in the future.
  2. Persistent cookies remain in your browser once you have left the site and closed your web browser. The next time you visit the site the information in the cookie will be used to ensure the website works as set up at the previous visit. For example, to display certain things on the homepage. Persistent cookies will expire if the website that set them is not visited again within a certain timescale.