Gavin Kemp Photography – Trading as Inked Identities - Terms and Conditions

1) Scope:
Inked Identities is a trading name of Gavin Kemp Photography Limited
These Terms only apply to Gavin Kemp Photography Limited – Trading under (or booked under) the trade name of ‘Inked Identities’.
These terms do not apply to commercial clients booking with Gavin Kemp Photography Limited trading as Gavin Kemp Photography Limited. These separate terms can be found via the Gavin Kemp.net website, or are available on request.

2) Exclusivity and Privacy
Inked Identities respects clients need for privacy, and will not share or use the photographs taken in a session in any way without the written permission of the client / portrait subject.
Inked Identities may occasionally request use of images for the purpose of promoting their own work across Inked Identities social media channels and website. To be compliant with GDPR this will be a separate agreement.

3)The Licence Granted
The licence granted to the client is a non exclusive perpetual licence (see note 2.0 above) allowing the use of the images for personal use only, this includes social media.
The commercial use of the images is forbidden, as is sale of the images.
Publication of the images by a 3rd party (magazine or website) requires the consent of Inked Identities to be obtained before publication. Inked Identities will not accept any liability arising from publication in any media.

4) Extent of Liability
Inked Identities shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Inked Identities, it’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
Inked Identities maximum aggregate liability for all losses, damages, costs, claims and expenses however or whenever arising out of or in connection with these Terms shall in any event be limited to the total amount of the fees paid to Inked Identities in relation to the relevant Assignment.
Not withstanding the above, nothing in these terms excludes or limits the liability of Inked Identities for death or personal injury caused by the Photographer’s negligence or that of it’s employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.
Inked Identities hereby disclaims any warranties, conditions and other terms on or relating to the services hereunder or any parts thereof which might otherwise be implied whether by statute, law, custom, course of dealing or otherwise, including without limitation any warranty, condition, or other terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted by law.

5) Client Confidentiality
Inked Identities will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the portrait session.

6) Location Hire
Location hire costs are estimated and agreed at the time of commission and charged accordingly. Where extra expenses or time are incurred by Inked Identities as a result of alterations to the original brief by the client or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at Inked Identities normal rate in addition to the expenses agreed or estimated.

7) Refunds
The utmost care and attention to detail will be taken in the photographing and processing of each portrait session, however, due to the artistic nature of photography, the client has no right to request a refund or refuse agreed payment for their portrait session with Inked Identities on any subjective, stylistic or aesthetic grounds.

8) Termination
On-site, the Photographer reserves the right to terminate any photographic session without notice if they deem the client’s behaviour to be disrespectful or unsafe. Heavy rain or other unforeseen circumstances outside the control of Inked Identities may necessitate the cancellation or re-arrangement of a session.

9) Cancellation
Notice of at least 3 days must be given in order to receive a 100% refund, or free rescheduling. Notice of cancellation given between 3 days and 24 hours results in a 50% cancellation fee, and cancellations within 24 hours of the appointment incur a full 100% cancellation fee.
The client will be liable in full for any fees incured by Gavin Kemp Photography before the shoot that can not be cancelled, for example Make Up Artists, Location Hire , Stylists etc.

10) Travel Expenses
In any case where travel expenses will be charged, Inked Identities will notify the client beforehand, and a predicted travel cost will be included in the estimate given.

11) Examples
All images shown on this website and in any marketing material distributed by Inked Identities in print or digital form, are for illustrative purposes only. As such these examples are visual suggestions, and do not necessarily represent the exact photographic style of images which will be produced for any commissioned shoot.

12) Images/Data Supplied in Electronic Format
For all images / data supplied to the Client in electronic format (including but not limited to electronic mail, web based transfer services, and pen drive, etc.), Inked Identities will endeavour to do everything in its power to ensure that the data sent is not corrupt and is virus-free before despatch but cannot be held responsible for problems arising with third party services.
Inked Identities cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to Inked Identities is not corrupt.

13) Photography of Minors
Inked Identities only accepts bookings from adults over the age of 18 years for photography of adults with tattoos over the age of 18. Children will only be photographed with the written permission of, and in the presence of, a parent or legal guardian who are themselves being photographed.

14) Payment
A booking fee of £50 is to be paid at the time of booking
The balance of the fee is to be paid by the date of the booking
Inked Identities does not offer credit or act as a credit broker.
All photographs remain the property of Inked Identities until full payment is received.

15) Applicable Law
This agreement shall be governed by the laws of England, Wales, and Scotland. Variation: These Terms and Conditions shall not be varied except by agreement in writing.


Privacy Policy

Privacy Policy Gavin kemp Photography Limited



This privacy policy sets out how Gavin Kemp Photography collects, uses, stores and protects any information that you give to us when you use the website at www.gavinkemp.net and www.gavinkemp.studio (“the company websites”),www.Dippingand Dementia.co.uk, www.petrolheadportraits.co.uk and www.inkedidentities.co.uk
These website is hosted by UK2 or Dynadot and designed in house.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018. Gavin Kemp Photography Ltd is the data controller and responsible for your personal data (“we” “us” “our” in this privacy notice). Our contact details are set out below.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from November 2023.
What we collect
We may collect the following information:
• Your name and job title.
• Contact information including your email address, postal address and telephone number.
• Demographic information such as postcode, it’s unlikely that we will collect preferences and interests.
• Other information relevant to customer surveys and/or offers provided by us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
• Some projects may require the collection of special categories of data (for example health status) this will only be in connection to commercial and non commercial photography.

The legal basis for processing your data
We collect this data from you on at least one of the following legal bases:
• In the case of marketing to individuals/sole traders/partnerships, That you have provided your explicit opt-in consent for us to do so.
• In the case of commercial details, That we need to in order to fulfill our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you). With consent some data (photography) may be processed for non commercial project work.
• In the case of your corporate email address (where you have provided us with this), That we have a legitimate interest in doing so for our own commercial marketing activities and activities related to customer satisfaction and product development and service improvement where our use of your data is proportionate, has a minimal impact on your privacy and is promotes an activity that you might reasonably expect us to be engaged in.





How is your data collected?
We use different methods to collect data from and about you, including through:
• Direct interactions with you when you fill in a form or correspond with us by post, phone, email or otherwise;
• Third parties for example where we have purchased a mailing list;
• Automated technologies or interactions, for example as you interact with this website we may automatically collect technical data about your equipment, browsing actions and patterns or by using cookies. Please see below for more information on how this website uses cookies.
What we do with the information we gather
We use, store and process this information to understand your needs and provide you with a better service, and in particular, for the following reasons:
• Internal record-keeping and to administer any account(s) that you might have with us.
• We may use the information for our legitimate business interests to improve our products and services to you.
• We may periodically send promotional emails about new products or services, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use or, where you have provided us with a corporate email address, for our legitimate interests (as described above), provided you have not unsubscribed.
From time to time, we may also use your information to contact you for our own market research and survey purposes. We may contact you by email, phone, fax or post but only in accordance with your express and explicit consent for such contact. We may also use the information for our internal business purposes and legitimate interests of improving customer satisfaction to customise our website(s) according to your interests to provide you with a better experience.


How long do we keep your personal information for?

We will only retain your personal information for the minimum time that is necessary for the purpose for which it was collected. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.In relation to financial and transactional data this will be for a period of approximately 6 years after the date of the transaction. In the case of marketing consent, we will contact you to renew this every 5 years. Some data (Photography and associated data) nay be kept to meet the requirements of copyright legislation ie the lifetime of the copyright holder plus 70 years.

Controlling your personal information – your rights
You may choose at any time to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes – if you don’t agree then don’t tick.
• Right to withdraw consent, data retention and the right to be forgotten - If you have previously agreed to us using your personal information or we are using your contact details for our legitimate interests for direct-marketing purposes, you may change your mind at any time by writing to or emailing us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten (your right to have your data erased) cannot be implemented but we will inform you of this should you contact us on this basis.

• Right of data portability – You have the right to request a copy of the data that we hold aboutyou provided us with you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. We will provide the information in a commonly used and machine-readable format free of charge.

• Right of access to your data - You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net. You will not need to pay a fee to access your personal data.

• Right to rectification of inaccurate data - If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net as soon as possible. We will promptly rectify any information found to be incorrect.

• Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net.


Disclosures of your personal data

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting but only if you tell us that you wish this to happen.

We may need to disclose your data to 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 notice.

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.

International Transfers

Data may be processed out of the UK for a limited number of purposes - this purpose being editing of photography only.

Security
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controller us or our staff or those nominated by the Data Controller as Data Processors. We limit access to your personal data to those employees 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.
In the event of any data security breach, we will comply with our legal responsibilities to notify the applicable regulator and you as outlined in the applicable legislation.

Any password(s) which you might use to access our website or other platforms that are operated by the us using third-party providers are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straightaway and change it.

Complaints
If you have reason to make a complaint, then you should contact us in writing as soon as possible at Gavin Kemp Photography Limited, Registered office, West Side Factory, Belper Street, Ilkeston or info@gavinkemp/net

How we use cookies on our website(s)
A cookie is a small text file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We may use traffic-log cookies to identify which pages are being used. This helps us analyse data about web-page traffic and improve our website(s) in order to tailor it to user's’ needs. We only use this information for statistical analysis purposes and the data is then removed from the system.
Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website(s).

Links to other websites
Our website(s) may contain links to other websites of interest. However, once you have used these links to leave our this website, you should be aware that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy statement applicable to the website in question.