TERMS OF SERVICE
THE FOLLOWING TERMS OF SERVICE (TOS) APPLY TO ALL SERVICES PROVIDED BY RISBEYS ( 9 SKINNERGATE DARLINGTON DL3 7NJ ).BY PURCHASING SERVICES FROM RISBEYS YOU AGREE TO THESE TERMS OF SERVICE.
APPLICATION OF TERMS
1.2. This TOS, together with your Order, represents the entire agreement relating to the Service agreements previously agreed between you and Risbeys, except those covering confidentiality and non-disclosure. Any other contract provisions imposed by you by your own order forms or otherwise are expressly excluded.
1.3. Risbeys may alter this TOS at any time without notification to you. However, the current TOS is always available on our website. Your sole remedy in the event that you do not agree to any amendments shall be to provide us with written notice of termination within the time scale required for the contract in place. Only a manager of Risbeys may alter this TOS. No agent of, or person employed by or under contract with, Risbeys has any authority to alter or vary this TOS in any way. No oral explanation or oral information given by any party shall alter this TOS.
2.1. “Risbeys” means Risbeys Photography and/or any affiliate which shall supply Services to you.
2.2. “End User” is the individual or entity who uses, or to whom you provide your services;
2.3. “Fees” means the charges to be paid by you for the provision of the Services as set out in any Order or, if not set out on the Order, those set out on our website;
2.4. “Objects” means any names, marks or materials and any other information, documents or software which you supply to Risbeys under this Agreement;
2.5. “Order” means the order form or purchase order, including electronic and online forms, or letter signed or submitted by you or on your behalf requesting Services;
2.7. “Service” or “Services” means any and all services provided by Risbeys under this TOS including, without limitation, professional services and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Pages);
2.8. “Term” means the period during which this Agreement binds the parties;
2.9. “TOS” means these terms and conditions, including all documents incorporated by reference;
2.10. “You” and “your” means the person, firm or company who purchases Services from Risbeys; and
2.11. “We,” “us” or “our” means Risbeys.
2.12. “Booking deposit” means money paid to reserve an appointment time. Money on account.
2.13. “Booking free,” “Session fee” or “Photo-shoot fee” means the money paid for Risbeys time and services.
2.14. “Viewing” A Viewing is when a client returns to view the images taken at a shoot.
2.15 “TOS” Term of Service.
2.16 “AUP” Acceptable use policy.
GENERAL TERMS AND CONDITIONS
3.1. You will conform to the standards and acceptable use policies of Risbeys as set out in our AUP.
3.2. Risbeys may disclose your name and address to a complaining individual if, in our reasonable discretion, it is necessary or appropriate to do so.
3.3. The Services are provided to you as set out in the Order. You bear ultimate responsibility to ensure that the Services are designed to meet your personal operational, needs.
4.1. Special Requests / Booking Type
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Any special requests must be made by the client to the photographer in writing.
4.2. The Photographer
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer (e.g. due to ill health).
All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes impossible to record the exact colour as seen by the human eye. Because of difference in equipment, processing, proofing, paper, inks, pigment and other conditions between the individuals colour proofing monitors calibration for viewing. The production operation, of the printed images may have a reasonable variation in colour. This shall constitute an acceptance.
Retouching, Images produced are digitally cleaned and colour balanced to Risbeys standard. Further manipulation and artist finishing is available to the client as an optional extra. Charges may apply. All editing shall constitute an acceptance when done to a standard Risbeys believe acceptable.
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 in writing. Any breaking of seals in the album will presume a breach of copyright.
When images are provided with copyright licence enabling printing, Risbeys can not be held liable for the edited or quality of print by third party printers. It is the sole responsibility of the persons in receipt of the copyright image, not Risbeys.
4.6. Negatives / Digital Files
Negatives / digital files remain the property of the photographer.
The photographer shall be granted complete artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the locations/poses and number of images taken shall be final. Due to the variances of the weather and the willingness of subjects it may not be possible to capture all the images requested.
4.8. Force Majeure or Act of God (see 12.)
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Although the photographer will do his best to produce more proofs/preview images than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview images will be produced.
The client hereby allows the photographer to display any images included in this contract in their studies, portfolios, literature, exhibitions and advertising or commercial reason. If for reasons a person images can not be used for studies, portfolios, literature, exhibitions and advertising or commercial reason they must inform Risbeys at the time of booking. It is not Risbeys responsibility to check and is the total responsibility of the person in question.
4.11. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence or in any other circumstance, the liability of photographer shall be limited to the total booking fee. Neither party shall be liable for indirect or consequential loss.
A viewing appointment is when a client returns to view the images taken at a shoot.
Viewings must take place within four to six weeks after a shoot. If an appointment for a viewing has not been made after six weeks the contract will be classed as concluded. Any offer vouchers or deposits will be non redeemable.
4.13. Archiving Images
After six months images will be discarded from our live system to archive. Any viewing requested after six week period will require a new viewing booking fee £40 and £25 refundable deposit. Viewing after the six month time frame will require an additional charge for archive search and reactivation of £20.
4.14. Late Appointments
If you the client are more than fifteen minutes late past the appointment start time, without any communication you will require a new appointment. We class this as a No Show therefore an additional appointment deposit will be required for any further appointments. See 12.4
You are required to provide notices to us about the Services through our website or email. We will provide notices to you using the information you provide to us in the “Details Account Holder” section of our records. We have no responsibility for misdirected notices based on your failure to provide correct information.
4.16. Termination notices must be provided to us as set out in section 12.
4.17. Sole Rights
Risbeys Photography. shall be the sole professional photographers at the venues specified. The Client will assist Risbeys photographers in ensuring that no photographs are taken of poses arranged by Risbeys, and that guests’ photographs are taken at a special interval which is convenient to Risbeys Photographer.
4.18. Mobile Phones
Due to the Sensitive nature of our work and copyright of our images, clients are NOT to use Mobile Phones or Camera equipment in the studio or viewing room areas. Anyone found to be in breach of this will invalidate any complimentary prints, vouchers and special offers already purchased. Where a refundable fee has been paid this will also become non-returnable. Copying any images produced by Risbeys is theft, anyone found to be doing this MAY face prosecution and WILL be invoiced for All Images in Hi Res at the current price list rate. CCTV is in operation throughout the building.
4.19. If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
4.20. Risbeys Photography reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement.
4.21. Except for the obligation to pay the Fees, neither party shall be liable for any delay, failure in performance or service due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, equipment failures or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event. Every effort will be made to fulfill all orders placed with Risbeys.
4.22. Any delay or forbearance by either party in enforcing any provisions of any Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
Any dispute, controversy or claim (individually and collectively a “Dispute”) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section.
5.2. Any complaints should be raised by the client with the photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images. In the unlikely event of an unresolved complaint the Client may request The British Institute of Professional Photography or Master Photographers Association to act as independent arbitrators, with regards to quality. Any attempts to slander by mean of electronic post or print may result in prosecution and is deemed a breach of this contract.
5.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the UK Court. (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Crown Court located in North East England. The parties agree that after the procedures in paragraph 5.2. above have been followed, these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court.
OWNERSHIP OF YOUR ACCOUNT
6.1. Your contact information is set out in the “Details Main Account” section. It is the primary Name “Details” of a name relating to an account.
6.2. If you, on behalf of another person or entity, create an account/booking, you warrant that you will administer the account in good faith and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User or result in any claim against us.
6.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information “Details” section is considered by us to be the owner of the account. The individual or entity paying for the Services is not considered by us to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
7.1. You must be over the age of 18 at the time you place your Order.
7.2. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may not receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen.
7.3. Orders placed using credit agreed payment will only be released after the last payment has been made.
7.4. Risbeys shall have no obligation to deliver any Services beyond those identified in the Order.
7.5. Any instructions supplied by you to Risbeys in relation to the Services must be complete, accurate and clearly legible. Risbeys reserves the right to charge for any costs and any additional work incurred by Risbeys from a failure by you to comply with this provision; we shall not be liable for any errors caused by such a failure.
7.6. All orders placed with Risbeys will go into our standard timeline for completion.
The start times will be the day of ordering and including payment.
7.6.1. All orders will take between 3 and 5 weeks, however on some occasions due to stock deliveries beyond our control we may take longer. We will do our best to keep you informed on such occasions however this does not constitute a cancellation of the order.
8.1. You are responsible for the Fees set out on the Order. Fees are due on the date set out on your invoice (Due Date).
8.2. You are responsible for all taxes and fees levied on the Service
8.3. Invoices are payable by the Due Date without set-off or deduction. Unpaid invoices without arrangement shall accrue interest at a rate of [1.5%]. We reserve the right to suspend the Service until we receive payment.
8.4. If you believe there is an error on your invoice, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next invoice. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, and your chargeback claim is past the Dispute Deadline, you will be charged a £50 investigation fee and a £70 reactivation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.
8.5. We are pleased to provide you with a statement of account on your written request. This statement is based on our records. To ensure accounting consistency, we cannot alter the information in our records.
8.6. We offer Credit over a four payment period as standard. Other payment agreements can be made. By making a part payment on an order you agree to this payment period and our TOS.
8.6.1. All credit payment must be paid on the 1st of each month unless other arrangement have been made. All outstanding balances must be paid in full before or on the last payment.
8.6.2. Failure of an agreed payment is breach of this credit agreement and the contract order terms. This will result in the full outstanding balance been paid immediately.
8.6.3. Failure to pay immediately, you agree for us to apply to you bank/card daily, to process a payment till the balance is paid off.
8.6.4. By providing Risbeys with bank card or bank details you hereby allow Risbeys to take payment when required until the balance is paid in full.
8.7. We often offer special promotions, such as discounts or items provided at no charge (Special Promotions). These Special Promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms. If you Terminate or the Contract order is Terminated due to a breach of terms. The Services and order to which a Special Promotion applied, the discount, or other benefit provided by the Special Promotion, will be removed, and your account will be re-billed as if it had been set up without the Special Promotion. If this results in additional Fees, you will be charged for those Fees.
9.1. Items are sent to the address given on the order form by the customer. Should the delivery address differ from the invoice address, the Customer is to give both addresses on the order form and the parcel will be shipped to the delivery address specifically indicated on the form.
9.2. Deliveries are made to your delivery address door, It is not our responsibility to take goods into your premises. Deliveries are made with a 3rd party carrier and likely to be by Van or Lorry.It is not the responsibility of Risbeys to ensure that the delivery address is accessible and there is no liability to Risbeys for any re-delivery charges or late deliveries.
9.2.1. Any accessibility issues must be disclosed at the time of order. Deliveries made must be signed for.
9.3. ETA information on the day of delivery are at the discretion of the carrier, Risbeys will therefore not be able to guarantee delivery times. Delivery time on our internet order are 5-7 working days. Special order may vary but will be clearly stated at the time of purchase.
9.4. Please inspect the goods at delivery, any claims for damages or missing goods must be made with the carrier at the time of delivery.
9.5. All information regarding missing items and damaged items will need to be noted on the carriers paperwork. Claims must be made within 5 working days of delivery.
9.6. Refused goods that arrive back with Risbeys that are in good condition will result in a returned delivery charge.
RETURN / REFUND POLICY
10.1. Returns of whole orders can be made within 7 days of receipt of goods and must be received by us in original packaging and good condition (this excludes special orders).
10.2. You are responsible for any carriage charge for the return and also the original delivery charge.
10.3. Risbeys does not accept part order returns.
10.4. Due to the custom pre-designed nature of some services, (special order) there are no refunds.
10.4.1. Albums ordered are considered custom product therefore there are no refunds on any album orders. Flush Mount and certain framed products that are made to order (special order) cannot be returned or exchanged unless: a fault or manufacturer defect is evident and reported.
10.5. If you’ve had the product for up to 1 year, we’ll repair the product or, if that’s not possible, give you a replacement or, if that’s not possible, a refund.
10.6. If the Customer decides to return the goods to Risbeys, the Customer Care department will issue an RMA file number. The Customer will have to send back the item preferably in its original packaging even if it was opened. All the original accessories will also have to be included (user’s manual, cables, remote control, warranty card).
CANCELLATION AND RETRACTIONS
11.1. Please read the Returns Procedure and Conditions beforehand. Procedure – In accordance with the provisions of article 6 and in compliance with the Directive 97/7/EC of the European Parliament and of the Council, the Consumer is entitled to a fourteen (14) day retraction period starting from the date he/she receives the product(s) to return any item that may not suit his/her needs.
11.2. Special orders have a 48 hour cancellation period. Products must be, preferably, in original packaging and in good condition in order to be resold. The Customer will be allowed to choose between having the returned goods replaced with another reference or receiving a refund without any penalty, with the exception of return fees. The Consumer is therefore entitled to a fourteen (14) day period to inform Risbeys that it is his or her wish to cancel his or her order and to obtain an RMA number from the Customer Care department.
11.2.1. IMPORTANT NOTE: The Right to Retract cannot be exercised if the returned items are unlikely to be resold. The item must be returned in pristine condition, preferably in its original packaging.The item must be returned with all its accessories (user’s manual, cables, remote control, warranty card, CD software etc?). Should the item fail to meet these conditions, it will be returned to the Consumer, at his/her expense.
11.2.2. The Consumer must systematically state his order reference and his name and complete address if he/she wants his request to be processed efficiently.
11.3. Specific conditions impeding the right to retract No return will be accepted for : Items that may be copied (Multimedia devices, CDs, DVDs, Photographs) if the return request exceeds the 7-day after delivery requirement and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used. Recording devices (Digital Frames, hard drive disk, USB flash drive, memory module) if the return request exceeds the 7-day after delivery requirement and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used or installed. Books: if the return request exceeds the 7-day after delivery requirement and/or if the book is damaged, torn, dog-eared…“Abstract” or Downloadable software or images
TERMINATION & CANCELLATION
Either party may terminate an Agreement upon written notice to the other party.
12.1. Termination by Risbeys Photography
12.1.1. Risbeys Photography may terminate this Agreement (1) if you fail to pay any sums due to Risbeys Photography as they fall due; (2) if, in Risbeys Photography ‘s reasonable opinion, you do not attend appointment needed so Risbeys Photography can carry out its agreed service; or (3) you violate this TOS or any agreement incorporated into it by reference.
12.1.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
12.1.3. If Risbeys cancel a service contract at any time due to clause 12.1.1. You shall forfeit any monies paid. In addition you will be eligible to pay a sum equal to 50% average contract value. The said sum shall be payable as compensation as an estimate of the loss that Risbeys Photography would suffer.
12.3. 48 hours notice must be given on all changes of appointment. Failure to give notice to Risbeys will result in an appointment deposit being forfeited. Further appointment will require a new deposit to be paid.
12.4. Late Appointments, If you the client are more than fifteen minutes late past the appointment start time, without any communication, you will require a new appointment. We class this as a No Show therefore an additional appointment deposit will be required for any further appointments. This is classed as an appointment cancellation not a contract cancellation.
12.5. An appointment cancelled within the 48 hour Notice Period must be remade to go in the appointment book within 5 Days of the cancellation. The appointment must be within the terms of the voucher period. Failure to make an appointment within the five days, will end in the voucher been terminated and any contract then cancelled.
12.6. Cancellation of out-of-hours appointments. Due to the High demand of out-of-hours appointments a cancellation will result in the inability to book further out of hours appointment, this policy excludes any paid out of hours appointments. Out of hours are times outside 10am -5pm Wednesday to Friday.
12.7. A viewing must take place within four to six weeks after a shoot. After six weeks the contract will be classed as concluded and therefore terminated. Any offer vouchers or deposits will be non redeemable.
After six months images will be discarded from our live system to archive. Any viewing requested after six week period will require a new viewing deposit. Viewing after the six month time frame will require an additional charge for archive search and reactivation.
12.8. Voucher Cancellation is relevant to the CANCELLATION AND RETRACTIONS section.
12.9 Voucher Cancellation post activation is non refundable and classed as a booking fee. All payment for a shoot type made at the booking are classed as a booking fee and are non refundable. The booking deposit is subject to the 48 hour cancellation policy.
TERMINATION BY YOU
13.1. You must terminate the Services in writing (Termination Request). This is the only way to effectively terminate the Services. If you do not, or you fail to confirm a (Termination Request) to terminate the Services, the Services will not be Terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service.
13.2. When you provide a termination request prior to the first event/sitting with 48 hours notice. We will provide you with a refund for your booking deposit.
13.3. Termination request by you after a event/sitting is classed as a contract violation and a termination by Risbeys. see section 12.1.1.
13.4. Once you provide us with the Termination Verification, it will take us five calendar days to process the Termination. You are responsible for any Fees that accrue during this five-day period.
13.5. In cancelling a service contract at any time by giving written notice to Risbeys Photography You shall forfeit any monies paid. Should cancellation be received by the photographer less than 5 weeks prior to the date of the event/sitting the client shall in addition eligible to pay a sum equal to 50% average contract date value. The said sum shall be payable as compensation as an estimate of the loss that Risbeys Photography would suffer.
13.6. Paragraph headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
13.7. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Other than as set out herein, neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
Regarding Material or Images
14.1. Each party shall indemnify and hold the other harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against the other party so far as it is based on a claim that the Customer Content on the one hand, or the Service (fully owned by us) supplied hereunder on the other, infringes any UK. patent, copyright, or trademark, or that a Required Consent has not been procured. This paragraph will be conditioned on the party seeking indemnification notifying the other party promptly in writing of the claim and giving the party providing indemnification full authority, information, and assistance for the defence and settlement thereof. The party seeking indemnification shall have the right to participate in the defence of the claim at their expense. If, in our case, such a claim has occurred, or is likely to occur, you agree to permit us, at our option and expense, either to: (1) procure for you the right to continue using the Service; (2) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing Service, or modify the same so that it becomes non-infringing; or (3) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this Agreement with regard to such Service. This shall be your sole and exclusive remedy for a UK. patent, copyright, or trademark infringement claim based on this Agreement.
COPYRIGHT AND TRADEMARK NOTICE
15.1. Risbeys.co.uk website and its contents, including, but not limited to all included text, photographs, graphics, illustrations, video, sound, and other material (all these collectively referred to as “Content”) are protected under UK and international copyright laws and are the property of Risbeys or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, Images and button icons displayed on the Risbeys website are service marks and/or trademarks of Risbeys or its third-party licensors. Copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any marks in any form or by any means without the express written permission of the Company is strictly prohibited and shall violate the international copyright or trademark laws, those of the United Kingdom and/or other countries.
Data protection is of a particularly high priority for Risbeys. The use of the Internet pages on Risbeys is possible without any indication of personal data; however, if a data subject wants to use special services via our website, processing of personal data will become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone numbers of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the European country-specific data protection regulations.
Risbeys has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However absolute protection from all data attack and breach can never be guaranteed.
The data protection declaration of Risbeys is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
- Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the identity of that person.
b) Data subject
- Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
- Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s economic situation, personal preferences, interests, reliability, behaviour, location or movements.
- Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
- Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor is a natural or legal person, agency or other body which processes personal data on behalf of the controller.
- Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
- Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the Risbeys collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Risbeys does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Risbeys analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Contact possibility via the website
The website of the Risbeys contains information that enables a quick electronic contact to our business, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing, data processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a) Right of confirmation
- Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the controller.
b) Right of access
- Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
- If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact the controller.
c) Right to rectification
- Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the controller.
d) Right to erasure (Right to be forgotten)
- Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
- If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Risbeys, he or she may, at any time, contact the controller. Risbeys shall promptly ensure that the erasure request is complied with immediately.
- Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Risbeys will arrange the necessary measures in individual cases.
e) Right of restriction of processing
- Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Risbeys, he or she may at any time contact the controller. Risbeys will arrange the restriction of the processing.
f) Right to data portability
- Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
- In order to assert the right to data portability, the data subject may at any time contact any employee of the Risbeys.
g) Right to object
- Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
- Risbeys shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
- If Risbeys processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Risbeys to the processing for direct marketing purposes, Risbeys will no longer process the personal data for these purposes.
- In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Risbeys for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- In order to exercise the right to object, the data subject may contact Risbeys. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
- Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
- If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Risbeys shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
- If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact Risbeys.
i) Right to withdraw data protection consent
- Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
- If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact Risbeys.
9. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
10. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees.
11. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact Risbeys. Risbeys clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
13. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.