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Privacy
Policy

This privacy policy sets out how Aberration Films Ltd collects, uses, stores and protects any information

that you give to us in correspondence and when you use the website at www.af.vu (“this website”).

This website is hosted by Zen Internet and supported by W2 Creative Consultants.

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. Aberration

Films 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 are registered as a data controller with the

Information Commissioner’s Office under registration number ZA298148.

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 1st May 2018.

  • 1.  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, 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.

    1. We do not collect any special categories of data.

  • 2.  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 subscribing to our newsletter directly via the website, that you have provided your explicit opt-in consent for us to do so.
    •  In the case of contact and address details that we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).
    •  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.
  • 3.  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.
  • 4.  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.

  • 5.  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. 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 two years.

  • 6.  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 mail@af.vu. 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 you provided us with 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 mail@af.vu. 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 mail@af.vu. 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 mail@af.vu 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 mail@af.vu
  • 7.  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.

  • 8.  International Transfers

    We do not transfer or give access to your personal data outside the European Economic Area.

    If we do, for example, for website support, we ensure that data is secure and transferred using

    Dropbox or WeTransfer.

  • 9.  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 encrypted Dropbox or in the case of paper documentation, in

    secured cabinets only accessible by 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 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.

  • 10. Complaints

    If you have reason to make a complaint, then you should contact us in writing as soon as possible at

    mail@af.vu.

  • 11. 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 users’ 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).

  • 12. Links to other websites

    Our website(s) may contain links to other websites of interest. However, once you have used these links

    to leave 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.

Terms And
Conditions

Here’s the brass tacks of how we work. We think it’s fair do’s and invite you to have a read through.

  • 1.  DEFINITIONS

    For the purpose of this agreement "the Client" shall, where the context so admits, include their respective assignees, sub-licensees and successors in title.  "Photographs and Films" means all photographic material furnished by Aberration Films Ltd, whether transparencies, negatives, prints, videos, movies or any other type or form of physical or electronic material.

     

  • 2.  COPYRIGHT

    The entire copyright in the Photographs or Films are retained by Aberration Films Ltd at all times throughout the world.

  • 3.  OWNERSHIP OF MATERIALS

    Title to all Photographs and Films remains the property of Aberration Films Ltd.  When the ‘Licence to Use’ the material has expired the Photographs and Films must be returned to Aberration Films Ltd in good condition within 30 days.

  • 4.  USE

    The Licence to Use comes into effect from the date of payment of the relevant invoice(s).  No use may be made of the Photographs and Films before payment in full of the relevant invoice(s) without Aberration Films Ltd's express written permission.  Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.  The Licence only applies to the Client and to the Photographs and Films specific to the commission and its benefit shall not be assigned to any third party without Aberration Films Ltd's written permission.  Accordingly, even where any form of 'all media' Licence is granted, Aberration Films Ltd's permission must be obtained in writing before any use of the Photographs or Films for other purposes e.g. use in relation to another product or sub-licensing through a photo library.  Permission to use the Photographs or Films for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs or Films will be subject to these terms and conditions.

  • 5.  EXCLUSIVITY

    The Client will be authorised to publish the Photographs or Films to the exclusion of all other persons including Aberration Films Ltd.  However, Aberration Films Ltd retains the right in all cases to use the Photographs and Films in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work.  After the exclusivity period indicated in the ‘Licence to Use’ Aberration Films Ltd shall be entitled to use the Photographs and Films for any purposes.

  • 6.  CLIENT CONFIDENTIALITY

    Aberration Films Ltd 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 photography or films, save as may be reasonably necessary to enable Aberration Films Ltd to carry out their obligations in relation to the commission.

  • 7.  INDEMNITY

    Aberration Films Ltd agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by Aberration Films Ltd to obtain any clearances for which it was responsible in respect of third party copyright works, trademarks, designs or other intellectual property.  Aberration Films Ltd shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify Aberration Films Ltd against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

  • 8.  PAYMENT

    Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice.  If the invoice is not paid in full within 30 days Aberration Films Ltd reserves the right to charge for compensation and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is received by Aberration Films Ltd.

  • 9.  EXPENSES

    Where extra expenses or time are incurred by Aberration Films Ltd 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 Aberration Films Ltd's normal rate to Aberration Films Ltd.

  • 10. REJECTION

    Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style
    or composition.

  • 11. CANCELLATION & POSTPONEMENT

    A booking is considered firm as from the date of confirmation and accordingly Aberration Films Ltd will, at their discretion, charge a fee for cancellation or postponement as outlined below:-

     

    Cancellation with less than 7 days notice, 25% of commission fee.

     

    Cancellation with less than 4 days notice, 50% of commission fee.

     

    Cancellation with less than 48 hours notice, 100% of commission fee.

     

    Plus any incurred expenses.

  • 12. RIGHT TO A CREDIT

    Aberration Films Ltd assert their statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

  • 13. ELECTRONIC STORAGE

    Save for the purposes of reproduction for the licensed use(s), the Photographs or Films may not be stored in any form of electronic medium without the written permission of Aberration Films Ltd.  Manipulation of Photographs and Films, or use of only a portion of a Photograph or section of a Film, may only take place with the written permission of Aberration Films Ltd. It is the Client’s responsibility to safely store any digital image(s) supplied by Aberration Films Ltd whether a photograph or a film.  Aberration Films Ltd will not be responsible for indefinite storage or archiving of the Client’s material.

  • 14. APPLICABLE LAW

    This agreement shall be governed by the laws of England & Wales

  • 15. VARIATION

    These Terms and Conditions shall not be varied except by agreement in writing.

    3rd October 2016

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