Tel: + 49 176 551 39972
Tax Office Munich Tax
Samuel Afaso Adjei
Data Protection Officer
We collect and process the following personal information about you:
- Contact Information
- Payment Information
- Social Media Identifiers
- Online Identifiers
We process your data for the following purposes:
- contract processing
- quality assurance
The processing of your data is based on the following legal basis:
- Your consent, Art. 6 (1) lit. a) GDPR
- to carry out a contract with you and to fulfill legal obligations, Art. 6 para. 1 lit. b) GDPR
- legitimate interests, Art. 6 para. 1 lit. f) GDPR (see below)
When processing your data, we pursue the following legitimate interests:
- Improvement of our offer
- Protection against misuse
Data Recipients When processing your data, we work with the following service providers who have access to your data:
- Web hosting providers
- Providers of social media platforms
We receive the data from you (including the equipment you use).
Data transfer to third countries
Data is transferred to third countries outside the European Union. This is done on the basis of legally provided contractual regulations, which should ensure an adequate protection of your data and which you can see upon request.
Period of storage
We store your data,
- if you have consented to the processing until at the most, until you revoke your consent,
- if we need the data to carry out a contract or to fulfill legal obligations at most as long as the contractual relationship with you or statutory retention periods run
- if we use the data on the basis of a legitimate interest at most for as long as your interest is not predominant at a deletion or anonymization.
Rights of the person concerned
You have the right, partly under certain conditions, to
: - request information about the processing of your data,
your data , - have your data deleted or blocked,
- have the processing restricted,
- the processing of your data
- to object to data, - to receive your data in a transferable format and to transmit it to a third party,
- to revoke your consent to the processing of your data for the future and
- to complain to the competent supervisory authority about inadmissible data processing.
Requirement or obligation to provide data
Unless specifically stated in the survey, the provision of data is not required or required.
Status of this Privacy
Policy May 25, 2018
GENERAL DELIVERY AND TERMS AND CONDITIONS
1. The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services performed by the photographer.
2. They shall be deemed to have been agreed upon upon acceptance by the customer of the delivery or service or the offer of the photographer, at the latest, however, upon acceptance of the photographic material for publication.
3. If the customer wants to contradict the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid, unless the photographer acknowledges them in writing.
4. The terms and conditions apply in the context of an ongoing business relationship even without explicit inclusion for all future orders, offers, deliveries and services of the photographer, unless otherwise expressly agreed.
II. Commissioned productions
1. As far as the photographer creates cost estimates, these are not binding. If cost increases occur during production, they must be reported by the photographer only when it becomes apparent that this may result in exceeding the originally estimated total costs by more than 15%. If the intended production time is exceeded for reasons for which the photographer is not responsible, additional remuneration shall be paid on the basis of the agreed time fee or in the form of a reasonable increase in the flat-rate fee.
2. The photographer is entitled to commission services provided by third parties who must be purchased to carry out the production in the name and with the authorization and for the account of the customer.
3. Unless otherwise provided, photographs taken by the photographer after completion of production are selected by the photographer.
4. If the photographer has not received written notice of defects within two weeks after delivery of the recordings, the recordings are deemed to have been accepted in accordance with the contract and without defects.
III. Submitted image material (analogue and digital)
1. The general terms and conditions apply to any image material left to the customer, regardless of the stage of production or in which technical form. They also apply in particular to electronic or digitally transmitted images.
2. The customer acknowledges that the photographic material provided by the photographer is copyrighted photographic works within the meaning of § 2 para. 1 no. 5 Copyright Act.
3. Design proposals or conceptions commissioned by the customer are independent services that must be remunerated.
4. The provided photographic material remains the property of the photographer, even in the event that damages are paid.
5. The customer must treat the picture material carefully and with care and may pass it on to third parties only for business purposes of sighting, selection and technical processing.
6. Complaints regarding the content of the delivered item or the content, quality or condition of the picture material must be notified within two weeks after receipt. Otherwise, the photographic material is deemed to have been received in accordance with the contract, in accordance with the contract and as recorded.
IV. Rights of use
1. In principle, the customer acquires only a single right of use for a single use. Publications on the Internet or the setting in digital databases are subject to other arrangements limited in time to the duration of the publication periods of the corresponding or a comparable print object.
2. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
3. With the delivery, only the right of use is transferred for the one-time use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which / -s / -n the customer specified or which / -s / -r results from the circumstances of the order. In case of doubt, the purpose of use for which the picture material has been provided, as evidenced by the delivery note or the shipping address, is authoritative.
4. Any use, exploitation, duplication, distribution or publication beyond Clause 3 shall be subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
- a second utilization or second publication, in particular in anthologies, product-accompanying brochures, in advertising measures or other reprints, any processing, modification or transformation of the image material,
- the digitization, storage or duplication of the image material on data carriers of all kinds (eg magnetic, optical , magneto-optical or electronic media such as CD-ROM, DVD, hard disks, memory, microfilm, etc.), as far as this is not only the technical processing and management of the image gem. Para. III 5. Terms and Conditions
- any reproduction or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (even if they are internal electronic archives of the customer),
- the dissemination of the digitized image material in the Methods of remote data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.
5. Changes to the photographic material through photo-composing, montage or electronic aids for the creation of a new copyrighted work are only permitted with the photographer's prior written consent and only when marked with [M]. Also, the image material may not be signed off, post photographed or otherwise used as a motif.
6 The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group or subsidiary companies. Any use, reproduction or transfer of the image material is only permitted under the condition that the copyright notice given by the photographer is attached to the respective image without any doubt.
7 The granting of rights of use is subject to the condition precedent of the full payment of all payment claims of the photographer under the respective contractual relationship.
8 Even if the exclusive (exclusive) rights of use are transferred, the photographer is entitled to use his photos for self-promotion purposes.
1 The photographer assumes no liability for the infringement of rights of the pictured license plates (trademarks, company design patents) persons or objects, unless a correspondingly signed release form is attached. The acquisition of rights of use beyond the photographic copyright addition, z. B. for pictorial works of fine or applied art as well as the obtaining of publication permits for collections, museums, etc. incumbent on the customer. The customer bears the responsibility for the caption as well as the contexts of meaning resulting from the actual publication.
2 From the time of the proper delivery of the photographic material, the customer is responsible for its proper use.
1 The agreed fee applies. If no fee has been agreed, it is determined according to the current image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is exclusive of the applicable VAT.
, The agreed fee will be used once for the agreed purpose according to para. IV. 3 settled.
, Costs and expenses incurred by the order (eg material and laboratory costs, model fees, costs for necessary props, travel expenses, required expenses, etc.) are not included in the fee and are charged to the customer.
4 The fee is due upon delivery of the admission. If a production is delivered in parts, then the corresponding partial fee with respective delivery is due. The photographer is entitled to demand advance payments for production orders according to the scope of services provided.
5 The fee according to VI. 1. Terms and Conditions must be paid in full even if the commissioned and delivered images are not published. When using the recordings as a working template for layout and presentation purposes, a fee of at least Euro 75.00 per recording is payable, subject to a different agreement.
6 Set-off or exercise of the right of retention is only permitted with undisputed or legally established claims of the customer. In addition, offsetting with disputed but decision-ready counterclaims is permissible.
VII. Return of photographic material
1 Analogue photographic material shall be returned as requested without undue delay after publication or agreed use, but no later than three months after the date of delivery; Attached are two voucher copies. An extension of the 3-month period requires the written permission of the photographer.
2 Digital data must always be deleted after the use has been completed or the data carriers must be destroyed. The photographer is not liable for the existence and / or the possibility of a new delivery of the data.
3 If the photographer, at the request of the customer or with his consent, leaves photographic material for the sole purpose of checking whether use or publication is to be considered, the customer must return analogue artwork no later than one month after receipt, unless the delivery note specifies a different deadline , Digital data must be deleted or the data media must be destroyed or returned. An extension of this period is only effective if confirmed by the photographer in writing.
4 The image material is returned by the customer at his expense in customary packaging. The customer bears the risk of loss or damage during transport to the photographer's entrance.
VIII. Contractual penalty, damages
1 In the case of any unauthorized use (without the consent of the photographer), use, reproduction or transfer of the photographic material, a contractual penalty of five times the user fee shall be payable for each individual case, subject to further claims for damages.
2. If the copyright notice is omitted, incomplete, incorrectly placed or not assignable, a surcharge of 100% shall be payable on the agreed or customary usage fee.
1. The law of the Federal Republic of Germany applies as agreed, including for deliveries abroad.
2. Additional agreements to the contract or these terms and conditions must be in writing in order to be valid.
3. Any nullity or ineffectiveness of one or more provisions of these GTC does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid, valid provision which comes closest to the desired provision economically and legally.
4. Place of performance and place of jurisdiction is, if the customer is a registered trader, the domicile of the photographer.
GENERAL TERMS AND CONDITIONS OF DELIVERY AND BUSINESS
1. The following Standard Terms and Conditions of Delivery and Business (s) shall apply to all orders, offers, deliveries and services executed by the photographer.
2. They shall be deemed to be binding on both parties upon acceptance of the photographer's delivery, service or offer by the customer, however, no later than upon the photographic material being accepted for publication.
3. If the customer does not accept these Standard Terms and Conditions, it shall Any alternative Standard Terms and Conditions on the part of the customer are hereby rejected. Alternative Standard Terms and Conditions shall be deemed to be void unless the photographer agrees to be bound by them.
4. In the absence of any express reference to the standard terms and conditions, therefore, apply to all of the photographer's future orders, offers, deliveries and services under the ongoing business relationship.
II. Commission products
. If any increase in costs occurs during production, the photographer will only increase the total cost. In the form of a reasonable increase in the flat-rate fee agreed upon.
2. The photographer may commission third party services which are required for the execution of the production on behalf and for the account of the customer and with the customer's authorization.
3. Subject to any other provisions, the photographer shall be responsible for selecting the photographs to be submitted to the customer for approval at the conclusion of production.
4. The cases shall be deemed to have been accepted in accordance with the terms of the contract and free of charge.
III. Provision of photographic material (analogue and digital)
1. Thesis Standard ( noun, feminine).
2. The customer acknowledges that the photographic material is copyrighted as defined in Section 2 (1) no. 5 of the German Copyright Act.
3. Any suggestions submitted to the individual shall be deemed to be separate.
4. The photographic material shall remain the photographer's property.
5. The customer shall treat the photographic material carefully and may only make it available for internal business purposes, i. e. for viewing, selection purposes and technical editing.
6. Any complaints concerning the content or quality of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in accordance with the contract and as described.
IV. Utilization rights
1. The customer shall only receive basic rights for one-time utilization. Subject to any other agreement, the publication on the Internet.
2. Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to a separate agreement as well as a surcharge of 100% on top of the basic fee in question.
3. By the customer in the publication, medium or data vehicle which has been given by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been delivered as evidenced by the delivery note.
4. Any use, exploitation, dissemination, copying or publication beyond the scope provided for in Section 3 above shall be subject to separate and require the photographer's prior written approval. This will apply to
Digitalization, storage or duplication of the photographic material, including or not limited to anthologies, product-related brochures, advertising or in the case of any other types of reprinting; photographic material on data media of any type (eg magnetic, optical, magneto-optical or electronic media such as CD-ROM, DVD, hard disks, RAM, microfilms, etc.) other than the technical editing and management of photographic material to III. 5. in,
- any reproduction or exploitation of the photographic data on the digital data media, on the Internet or on-line databases or other electronic archives,
- the transmission of digitized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hardcopies.
The photographer's prior written approval and shall be as searched by [M]. In addition, the photographic material may not be copied in drawing form, recreated photographically or used in any other way as a motive.
6. The customer may not transfer the rights of use or any part thereof to any third party. All use, reproduction and transfer of the photographic material shall be deemed to be the copyright information stipulated by the photographer.
7. The grant of the claim for payment under the applicable contractual relationship.
8. The photographer still has the right to use his photographs for home advertising purposes.
1. The photographer shall not be held liable for the infringement of any rights (trademarks, company names, design rights) shown in the photographs or held by persons or objects in the photographic material unless a duly signed release is contained. The customer shall be responsible for acquiring the rights to the copyright and the photographs. G. for images showing works of applied or plastic arts. The customer must be responsible for the legend as well as the context in which the photographer is used.
2. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
1. The agreed fair shall apply. Mittelstandsgemeinschaft Foto-Marketing (MFM). If it has not been, it should be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax.
IV. 3 into.
3. The fee shall be deemed to be the cost of materials, laboratory, models, props, travel, other expenses, which shall be borne by the customer.
4. The fee shall be payable upon delivery of the photographs. If the results of the delivery are given in parts, the corresponding part payment shall be due upon receipt of the corresponding delivery. In the case of commission productions, the photographer requests advance payment.
5. The fee is provided for in Section VI. 1 in shall be payable in full notwithstanding the fact that the photographic material is ordered and supplied is not published. If the photographic material is used as a basis for layout and presentation purposes, a fee of at least Euro 75.00 shall be payable in the absence of any other agreement.
6. Only counter-receivables which are not disputed or have been committed in a court of law may be subject to a right of retention. Moreover, counter-receivables which are disputed on which a decision is soon to be made.
VII. Return of photographic material
1. The photographic material shall be returned to the form in which it has been submitted. in which the photographic material shall be enclosed. An extension to this three-month period requires the photographer's written approval.
2. Digital data shall be deleted and / or destroyed. The and / or possibility of renewed delivery of the data.
3. If at the customer's request or at the customer's request other period stated on the consignment note. Digital data shall be deleted and / or destroyed. This period may only be extended with the photographer's written consent.
4. The customer shall return the photographic material at its own cost in standard packaging. The customer must bear the risk of loss or damage during the photographic material reaches the photographer.
VIII. Penalties, damages
1. In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (ie, without the photographer's consent), the customer shall be liable to pay a penalty any other remedies available to the photographer.
2. If the copyright notice is missing, incomplete, in the wrong position, or not possible, it will be payable.
IX. General provisions
1. The contractual relationship anticipated by synthesis Standard Terms and Conditions shall be subject to German law Including in the case of deliveries to foreign destinations.
2. Any additions or amendments to the Standard Terms and Conditions shall be in writing only.
3. If any of the provisions contained herein are invalid, this shall not prejudice the validity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one as well as economically feasible.
4. The place of fulfillment and the legal venue shall be the photographer's domicile in cases in which the customer is a full merchant as defined by German commercial law.