Imprint / Data Protection & Cookies / GTC

Imprint:

Kaya Koinig
Member of the WKO Vienna
Business: photography; color-, type- & style advice
Tax-free due §6 (1) 27 UStG

Clark H. Alexander
Member of the WKO Vienna
Business: photography
UID: ATU67810915

Nauseagasse 30/ Top 42
1160 Vienna
office@chakkboom.com
Phone: +43 676 6747 198
Phone: +43 676 9553681

 


 

Data Protection & Cookies

Data protection and data security are a high priority for us. All data collected on our website are solely for the improved use of our website and offers. We do not use any „third party“ links except for a link to Vimeo for the video stream. The following Privacy Statement explains what information is collected through your visit and how this information is used. By visiting our website you agree with the privacy policy.
Please read this explanation best before using the website, as it explains how the back-end of our homepage collects and processes personal data. The privacy statement only applies to this website, operated by soo schön OG, Nauseagasse 30/42, 1160 Vienna, www.sooschoen.com.
At any time you have the opportunity to request informations about the data stored about you, the origin of the data, the recipients and the purpose of the storage of this data. In addition, of course, you have a right to correct, block or delete your data as required by law. Please contact us via email: hello@sooschoen.com

Handling personal data:
Personal data are informations that helps a person to identify, i.e. informations that can be traced back to a person. This includes the name, email address or phone number. But also data about e.g. your preferences and hobbies (which you send us by e-mail or the contact form) are personal data. Personal data will only be collected and used by us if this is permitted by law and / or your consent to the collection of data. Your data will be stored internally and we use various technical and organizational measures to protect your data. Personal data, which you communicate to us for the processing of order processes, can be internally stored for commercial and tax reasons up to 7 years.

Contact:
We process and store all personal data that you send us in the context of e-mail inquiries and / or our contact form (such as name, address, e-mail address and telephone number), to carry out the contact you requested and for further maintenance of customer relations. These data will be saved internally until your written request for deletion. Additional personal data will only be collected if your information is voluntarily, in the context of a request or registration, the conclusion of a contract or were made through the settings of your browser. Should we disclose data to external service providers (for example, bills with your name and address to our accounting department), technical and organizational measures will be taken to ensure that the disclosure is in accordance with the legal provisions of data protection. The data processing takes place on basis of the legal regulations of §8 DSG, §96 TKG.

General description of our technical organistic internal data protection measures:
a. Confidentiality:
i. Access control: Protection against unauthorized access to data processing systems – keys, electric strikes
ii. Access control: protection against unauthorized system usage – passwords
iii. Access control: No unauthorized reading, copying, modification or removal within the system. Access only for business owners

b. Integrity:
i. Pass-Through Control: No unauthorized reading, copying, alteration or removal during electronic transmission or transport – by qualified electronic signature.

c. Availability and resilience:
i. Availability control: Protection against accidental or willful destruction
or loss – through backup strategy, firewall

d. Pseudonymization and encryption:
i. Pseudonymisation: If possible for the respective data processing, the primary identification features of the personal data in the respective data application are removed and stored separately.
ii. Encryption: if possible for the respective data processing, the following encryption technologies are used: qualified electronic signature – mobile phone signature & A-Trust a.sign light, SSL-encryption homepage

e. Evaluation measures:
i. Privacy Management – Risk Analysis

Cookies:
We use a WordPress homepage that automatically stores necessary (technically necessary) cookies to operate the website, such as session cookies in the language selection. We generally dispense with analysis services, such as Google Analytics and also do not use Facebook Pixel.

A cookie is a small file that stores Internet settings. Almost every website uses cookie technologies. This technology is downloaded the first time you visit a website from your Internet browser. The next time this website is accessed using the same device, the cookie and the information stored therein will either be returned to the website that created it (first-party cookie) or sent to another website to which it belongs (third-party cookie ). This will tell the site that it has been viewed with this browser before, and in some cases will vary the content displayed.
Some cookies are extremely useful because they can improve the user experience when you visit a website again, which you have already visited several times.
Most browsers have an option to restrict or completely prevent the storage of cookies. However, it is pointed out that the use and especially the comfort of use are limited without cookies. You can find many corporate online ad cookies on the US http://www.aboutads.info/choices/ website or on the EU page http://www.youronlinechoices.com/uk/your-ad-choices / manage.

We also recommend that you generally use an AD-Blocker when surfing the Internet.

Third party tools:
We do not use third party plugins or tools to store or use your data. Only we use a video stream link to Vimeo to present our videos on our homepage.

Rights of user:
Upon request, we inform you without delay and free of charge of the applicable law, if and what personal data about you are stored by us. At the request of the user, the entries can be changed or deleted. If a deletion due to legal storage obligations should not be possible, your record will be blocked until expiration of the retention obligation, i. the data is excluded from further use.

 


 

General Terms and Conditions:

1. Applicability and Scope of the Terms and Conditions:

1.1 The following GTC come into effect if the photographer is a contractor in the sense of § 1 KSchG as a contracting party.

1.2 The photographer performs his services exclusively on the basis of the following terms and conditions. By placing the order, the client recognizes their applicability. These shall also apply to all future business relationships, unless expressly referred to by the photographer, unless otherwise specified by the photographer. Any general terms and conditions of the contractor are not part of the contract.

1.3 Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions of the contracts concluded on their basis. An ineffective provision must be replaced by an effective one which comes closest to its purpose.

1.4 Offers by the photographer are non-binding.

2. Copyright:
All copyrights and ancillary copyrights of the photographic manufacturer (§§1, 2 para. 2, 73ff UrhG) are the responsibility of the photographer. Permits of use (rights of publication, etc.) are only granted if expressly agreed. The contracting party acquires in this case a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose and within the agreed limits (number of copies, temporal and local restrictions, etc.); in case of doubt, the scope of use stated in the invoice or in the delivery note is authoritative. In any case, the contracting party acquires only as many rights as it corresponds to the disclosed purpose of the contract (granted order). Unless otherwise agreed, the

Permit of use only for a single publication (in one edition), only for the expressly designated medium of the client and not for advertising purposes as granted.

2.1 The contracting party is obligated with each use (duplication, spreading, transmission etc.), the manufacturer’s name (attribution) or the copyright notice in the sense of the WURA (Universal Copyright Convention) clearly and legibly (visibly), in particular not fallen and in Normallettern, directly in the photograph (and clearly assignable to this) to install. This is to be noted as follows:
Photo: (c) .. name / company / artist name of the photographer; Place and, if published, the year of the first publication. In any case, this provision applies as an attachment of the manufacturer’s name in the sense of § 74 Abs 3rd UrhG. If the photograph is signed on the front (in the picture), the publication of this signature does not replace the manufacturer’s note described above.

2.2 Any change of the photograph requires the written consent of the photographer. This only applies if the change is necessary according to the contractor’s known purpose.

2.3 The license to use shall only apply in the case of full payment of the agreed admission and usage fee and only as granted if a proper manufacturer name / attribution (point 2.2 above) is made.

2.4 In the case of a publication, two free voucher copies are to be sent. With expensive products (art books, DVDs) the number of voucher copies is reduced to one piece. When publishing on the Internet, the photographer must be informed of the web address.

3. Ownership of footage – archiving:
3.1.1 Digital photography
The ownership of the image files belongs to the photographer. A right to transfer digital image files only exists after an express written agreement and, unless otherwise agreed, concerns only a selection and not all image files created by the photographer.

In any case, the license to use is only valid in the scope of point 2.1.

3.1.2 Analog Photography:
The ownership of the exposed footage (negatives, slides, etc.): is the photographer’s right. The latter grants the contracting party, against agreed and reasonable remuneration, ownership of the recordings required for the agreed use.

Until the full payment of the purchase price, the delivered photographs remain the property of the photographer. Slides (negatives only in case of written agreement) shall only be made available to the contracting party on loan against provision after use at the risk and expense of the contracting party, unless otherwise agreed in writing.

3.2 Copying or distribution of photographs in online databases, in electronic archives, on the Internet or in intranets, which are not intended solely for the internal use of the client, on USB sticks, DVDs, or similar data carriers is only on the basis of a special agreement between allowed to the photographer and the client. The right to a backup remains unaffected.

3.3 The photographer will archive the recording without legal obligation for a period of one year. In case of loss or damage, the contracting party is not
Claims too.

4. Identification:
4.1 The Photographer is entitled to label the photographs as well as the digital image files in any suitable manner (also on the front) with his manufacturer’s name. The contractual partner is obliged to ensure the integrity of the manufacturer’s name, in particular in the case of a permitted transfer to third parties (printers, etc.). If necessary, the manufacturer’s name must be affixed or renewed. This also applies in particular to all means of reproduction created during production or to the making of copies of digital image files.

4.2 The contracting party is obliged to store digital photographs in such a way that the manufacturer’s name remains electronically linked with the pictures, so that it remains intact for every type of data transmission and the photographer as the author of the pictures is clearly and unequivocally identifiable.

5. Other duties:
The contracting party must ensure that any necessary third-party work permits and the approval of persons are obtained. He indemnifies and holds the photographer harmless in this regard, in particular with regard to claims arising from the right to his own image. § 78 UrhG as well as with regard to use claims gem. § 1041 ABGB.
The photographer guarantees the consent of the authorized persons only in the case of express written consent for the contractual purposes (point 2.1).

5.1 Should the photographer be commissioned by the contracting party to process third-party photographs electronically, the client shall ensure that he is entitled to do so and release the photographer from all claims of third parties based on a breach of this obligation.

5.2 The contracting party agrees to pick up any objects immediately after taking them back. If these objects are not collected after 48 hours at the latest, the photographer is entitled to charge storage costs or to store the objects at the expense of the client. Transport and storage costs are borne by the client.

6. Loss and damage:
6.1 In the event of loss or damage of recordings made by order (digital image files, digital video data, slides, negatives), the photographer is liable for whatever purpose – for intent and gross negligence. The liability is limited to own negligence. Any liability is limited to the material costs and the free repetition of the recordings (if and as far as possible). Further claims are not entitled to the client; In particular, the photographer is not liable for any travel and subsistence expenses as well as for third-party costs (models, photo assistants, make-up artists, wardrobe stylists, hair stylists, digital operators and other recording personnel) or for lost profit, consequential and immaterial damages. Claims for damages exist only if gross negligence is proven by the injured party. Claims for compensation become statute-barred after 3 months from knowledge of damage and damaging party, but in any case within 10 years after provision of the service or delivery.

6.2 Point 6.1 shall apply mutatis mutandis in the event of loss or damage of submitted originals (image data, video data, chemical films, layouts, other originals etc.) and delivered products and props. More valuable items are to be insured by the contracting party.

7. Premature resolution:
The photographer is entitled to dissolve the contract with immediate effect without good reason.

The photographer is entitled to terminate the contract with immediate effect for good cause. An important reason can be assumed in particular if bankruptcy or equalization proceedings are opened against the assets of the contracting party or if an application for the opening of such proceedings is dismissed for lack of cost-covering assets or if the customer suspends payments or legitimate concerns regarding the creditworthiness of the contracting party and the latter, upon request of the photographer, neither makes any advance payments nor suitable security, or if the execution of the service is further delayed for reasons for which the contracting party is responsible, or despite a 14-day grace period, or the contracting party despite a written warning continued with a grace period of 14 days against material obligations under the contract, such as the payment of a partial amount or obligation to cooperate, violates.

8. Performance and warranty:
8.1 The photographer will carry out the order given carefully. He may also have the contract carried out – in whole or in part – by third parties. If the contractual partner does not make any written orders, the photographer is free with regard to the manner in which the order is carried out. This applies in particular to the image design, the selection of the photo models, the location and the photographic means used. Deviations from earlier deliveries do not constitute a defect as such.

For defects that are due to incorrect or inaccurate instructions of the contractor, is not liable (§ 1168a ABGB). In any case, the photographer is liable only for intent and gross negligence.

8.2 The contracting party bears the risk for all circumstances that are not the responsibility of the photographer, such as outdoor weather conditions, timely provision of products and props, loss of models, travel restrictions, etc.

8.3 Consignments travel at the expense and risk of the contracting party.

The photographer reserves the right to fulfill the warranty claim of his choice by improvement, replacement or price reduction, except in cases in which the contracting party is entitled by law to the right of conversion. The contracting party must always prove in this regard that the defect was already present at the time of transfer. The goods must be inspected immediately after delivery. Any defects found shall be notified to the photographer in writing as well as immediately, but no later than within 8 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not collected in time, the goods are considered as approved. The assertion of warranty or claims for damages, including consequential damage as well as the right to contest the defect due to defects, are excluded in these cases. The warranty period is 3 months.

For insignificant defects is not liable. Color differences when reordering are not considered a significant defect. Point 6.1 applies accordingly.
For fixed order dates is only liable in case of express written agreement. In case of any delays in delivery 6.1 shall apply accordingly.

8.4 Minor delivery time overruns are in any case to be accepted without the contracting party being entitled to a claim for damages or a right of withdrawal.

8.5 Any use by the photographer does not include the public performance of any piece of music in any media.

9. Work wages / fees:
In the absence of an express written agreement, the photographer is entitled to a commission (fee) according to his respectively valid price lists, otherwise a reasonable fee.

The fee is also for layout or presentation admissions and then, if a recovery is omitted or depends on the decision of third parties. The admission fee will not be reduced in this case.

All material and other costs (props, products, travel expenses, photographic and film equipment, make-up products on special request, resident fees, models, make-up artists, etc.), even if they are procured by the photographer, are separately to pay.

In the course of carrying out the work desired by the contractor changes are at his expense.

Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort.

If the contracting party refrains from carrying out the order given in its sphere, the photographer is entitled to the agreed fee for lack of other agreement. In the case of necessarily required changes in dates (eg due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs must be paid.

The net fee is plus value added tax at the applicable statutory rate.

9.1 The contracting party waives the possibility of offsetting.

10. License fees:
Unless expressly agreed otherwise in writing, the photographer is separately entitled to use the works use fee in the agreed or appropriate amount in the event of the granting of a license for use.

11. Payment:
As a rule, the payment is due immediately upon completion of the work in accounting. The invoices are payable without deduction and free of charge. In the transfer case, the payment is only with notification of the photographer from the receipt of payment as effected.

If agreed, an on-account payment amounting to 50% of the expected invoice amount must be made when placing the order. Unless expressly agreed otherwise in writing, the residual fee – if it is determinable for the contracting party – is due for immediate payment after completion of the work, otherwise after the invoice has been settled. The invoices are payable without deduction and free of charge. In the transfer case, the payment is only with notification of the photographer from the receipt of payment as effected.

For orders involving several units, the photographer is entitled to charge for each individual service after delivery.

In the event of default of payment by the contracting party, the photographer shall be entitled, without prejudice to any outstanding claims for damages, to charge default interest in the amount of 8.38 per cent above the base lending rate on an annual basis.

Insofar as delivered images become the property of the contractual partner,
this happens only with complete payment of the admission fee including additional costs. The assertion of the retention of title does not constitute a withdrawal from the contract unless expressly stated.

11. Privacy:
The contracting party expressly agrees that the photographer stores the data provided by him (name, address, e-mail, credit card data, account transfer data, telephone number) for the purposes of contract fulfillment and support, as well as for his own advertising purposes and processed. Furthermore, the contractual partner agrees that electronic mail will be sent to him for advertising purposes until further notice.

12. Use of portraits for promotional purposes by the photographer:
Unless otherwise agreed in writing, the photographer is entitled to use photographs produced by him to promote his activities. The contracting party gives its explicit and irrevocable consent to the publication for advertising purposes of the photographer and waives the assertion of any claims, in particular from the right to the own image acc. § 78 UrhG as well as usage claims acc. § 1041 ABGB.

13. Data protection:
All data transmitted will be treated confidentially and GDPR comliant. All data transmitted to the client by ‘Chakk Boomn’ are subject to data protection and are passed on from ‘Chakk Boom’ to third parties only for the fulfillment of the contractual obligations. The contracting parties agree to the submission of such a transfer of their data, which are also treated in accordance with the GDPR.
‘Chakk Boom reserves the right to keep all data for the relevant tax-relevant period of seven years.
According to the GDPR, however, the client has the right to request premature cancellation of all collected data from ‘Chakk Boom’.
14. Final provisions:
The place of fulfillment and jurisdiction is the registered office of the photographer. In the case of transfer of the registered office, actions may be brought at the old and new headquarters.Any recourse claim, the contracting parties or third parties from the title of product liability in the sense of the PHG directed against the photographer, are excluded, unless the recourse claimant proves that the error caused in the sphere of the photographer and at least grossly negligent. For the rest, Austrian substantive law is applicable. The applicability of the UN Sales Convention is excluded. The contract language is German. These terms and conditions apply mutatis mutandis to film produced by photographers or motion pictures, regardless of the method used and the technique used (film, video, etc.).

 

State: 23.05.2018