Website Terms of Use

These Terms of Use apply to all use of https://www.pixcollect.com (the “Website”) and describe how you can use the Website.  As you decide the purpose or means for the processing of the personal data that you provide when using our services, we are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

Our Privacy Policy sets out how, as a data processor, we process your data relating to you and it forms a part of these Terms of Use. Our Privacy Policy can be found here: https://pixcollect.com/privacy-policy

1.Information about the Website and these Terms of Use

1.1 The Website is owned and operated by Helen Marshall Limited trading as The People’s Picture, a company registered in England and Wales under company number 11423615, whose registered office is at Acme Studios, 42 Matchmakers Wharf, Homerton Road, London E9 5GP (“we”, “us” or “our”). Pixcollect.com is co-created, hosted and maintained by UmbrellaDev, our partner online solutions provider. Pixcollect.com was developed for the collection, processing and workflow management of photography, other content and data for The People’s Picture Projects only. Your Basic Information and your Photos and Content will be processed via this website securely to allow us to perform the Service contract with you.

1.2 These Terms of Use apply to all use of the Website and form a legal agreement between you and us.

1.3By using the Website you are confirming that you understand and accept (and are able to understand and accept) these Terms of Use and that you agree to be bound by them. You are also confirming that you have read our ‘Privacy Policy’ https://www.pixcollect.com/privacy-policy and ‘Contributors Terms and Conditions’ https://www.pixcollect.com/contributor-terms-conditions and agree to be bound by them. If you are under the age of 18 or don’t understand these Terms of Use, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 13.

1.4 We may make alterations to the Terms of Use, Privacy Policy and Contributor Terms and Conditions from time to time and will embed a notice when we update the Website.  If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these as altered.  We may notify key changes to you but you should review these from time to time to ensure you are aware of any changes.  Where appropriate we may notify you of changes by email.

1.4.1 Pixcollect.com is intended for the collection and workflow management of your uploaded photos and other content and data, you may embed upload forms and galleries onto your website but you must update your privacy policy and take a copy of our privacy policy and provide this to the contributor at the point that their photos, content and information is being collected.

1.4.2 To participate in any of our projects, you must submit your “Basic Information” and “Your Photos and Content” (photographs, personal information) to our Pixcollect content management system (CSM). Your Photos, Content and Basic Information will be processed via this website securely to allow us to perform the ‘service contract’ with you. By participating in our projects, you are confirming that you have read and agree to our Pixcollect privacy policy (https://www.pixcollect.com/privacy-policy).    

1.4.3 These Terms of Use apply to all use of the Website Pixcollect.com and form a legal agreement between you and us.



2.Accessing the Website

2.1 Access to the Website is permitted on a temporary basis, or by special arrangement and we reserve the right to withdraw or amend the service we provide on the Website without notice..

 

3.Privacy and Consumer Information

3.1 Information provided to us by Users or collected by us through Pixcollect.com is governed by our Privacy Policy.


3.2 If you are a Client or User of pixcollect.com, you represent, warrant and agree that: 

3.2.1 you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and 

3.2.2 you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.

 

4.Intellectual property rights

4.1 The Website is made available solely for your private, non-commercial, personal use only.  This does not give you any rights of ownership in the Website.

4.2 Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the Website belong to and vest in, or are licensed to Helen Marshall Limited trading as The People’s Picture and Umbrella Dev.


4.3 All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.


4.4 Any photos, content or other information submitted to the Website respects and supports the rights of the creator and/or owner, unless by special arrangement or further licensing agreements. Copyright remains with the image creator and/or owner at all times and the contributor retain all rights to the Content. However, by submitting Content to our website you, your partners, those you authorise and the contributor represent and warrant to us that you are the original photographer of, and accordingly all rights, including copyright in and to the Content are owned by you or you have the permission of the copyright holder and that we are free to use the Content as provided in these Terms without obtaining permission or a licence from any third party.

4.5 You have the right to enter into these Terms and to grant to us the usage rights referred to above, and that no further permissions are required from, nor payments required to be made to, any other person in connection with the use by us of the Content.

5.Restrictions and obligations

5.1 You agree to comply with these Terms of Use and all rules applicable to the use of the Website.


5.2 You will not:

  • hack, modify, reverse engineer or create derivative works of the Website or any part of it;

  • gain unauthorised access to any part of the Website;

  • remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;

  • create software which replicates or mimics the data or functionality in the Website;

  • use your access to the Website for the sending of direct marketing;

  • make any part of the Website available to a third party who does not agree to these Terms of Use;

  • copy or exploit any part of the Website or the content it contains;

  • use the Website or any part of it unfairly or for any illegal or immoral purpose; or

  • attempt to do any of the acts listed above.

5.3 You may not use the Pixcollect.com Services to upload, transmit or share any photo or content which:

  • does not comply with these Terms

  • unlawfully infringes the intellectual property rights or other rights of third parties, including, but not limited to, trade marks, copyright, trade secrets, patents, publicity rights or privacy rights;

  • includes sexually explicit images or other Content which is offensive or harmful to minors or harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person;

  • includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, or disablement;

  • makes use of a false name or identity or a name or identity that you are not entitled or authorised to use;

  • contains any unsolicited advertising, promotional materials, or other forms of solicitation;

  • copy or exploit any part of the Website or the content it contains; or

  • contravenes any applicable law or government regulation in the jurisdiction where you use our Services;

  • includes photos and content of those under 18 unless written permission has been confirmed from the legal parent or guardian

6.Data Protection

6.1 For the purposes of the administration and management of your engagement, the operation of our business and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised parties, agents, advisers, consultants, sub-contractors and employees will need to collect, store and otherwise process your personal data. This will be both electronically and manually (including information contained in email, email attachments and other forms of electronic communication).

6.2 You acknowledge that by using and accessing pixcollect.com you are a ‘Data Controller’ and we are a ‘Data Processor’ for the purposes of the EU General Data Protection Regulation (GDPR) and, when in force, the Data Protection Act 2018 (“Data Protection Legislation”). It is important that you read, understand and comply with our policies, notices or other information regarding personal data.

6.3 You shall, in relation to any personal data processed in connection with your obligations under this agreement:

6.3.1 control and process that personal data only in accordance with this agreement, unless you are required to do otherwise by law. If it is so required, you shall promptly notify us before processing the personal data unless prohibited by law;

6.3.2 ensure that you have in place protective measures, which have been reviewed and approved by us as appropriate to protect against any data loss having taken account of the:

  • nature of the data to be protected;

  • harm that might result from any data loss;

  • state of technological development; and

  • cost of implementing any measures;

6.3.3 ensure that you take all reasonable steps to ensure the reliability and integrity of any personnel engaged by you (where permitted under this agreement) who have access to the personal data and ensure that they:

  • are aware of and comply with your duties under this clause;

  • are subject to appropriate confidentiality undertakings with you;

  • are informed of the confidential nature of the personal data and do not publish, disclose or divulge any of the personal data to any third party unless directed in writing to do so by the Company or as otherwise permitted by this agreement; and

  • have undergone adequate training in the use, care, protection and handling of personal data;

6.3.4 not transfer personal data outside of the EU and the UK (following Brexit) unless our prior written consent has been obtained and the following conditions are fulfilled:

  • your or we have provided appropriate safeguards in relation to the transfer (whether in accordance with GDPR Article 46), as determined by us;

  •  you comply with your obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred (or, if it is not so bound, uses its best endeavours to assist the Company in meeting its obligations); and

  •  you comply with any reasonable instructions notified to you in advance by us with respect to the processing of the personal data;

6.3.5 at our written direction, delete or return personal data (and any copies of it) to us on termination of the agreement unless you are required by law to retain the personal data.

 

6.4 Subject to clause 6.3, you shall notify us immediately if you:

  • receive a data subject access request (or purported data subject access request);

  • receive a request to rectify, block or erase any personal data;

  • receive any other request, complaint or communication relating to either party's obligations under the Data Protection Legislation;

  • receive any communication from the Information Commissioner or any other regulatory authority in connection with personal data processed under this agreement;

  • receive a request from any third party for disclosure of personal data where compliance with such request is required or purported to be required by law; or

  • become aware of any data loss.

 

6.5 Your obligation to notify under clause 6.4 shall include the provision of further information to us in phases, as details become available.

 

6.6 Taking into account the nature of the processing, you shall provide us with full assistance in relation to either party's obligations under Data Protection Legislation and any complaint, communication or request made under clause 5.4 (and insofar as possible within the timescales reasonably required by the Company) including by promptly providing:

  • us with full details and copies of the complaint, communication or request;

  • such assistance as is reasonably requested by us to enable us to comply with a data subject access request within the relevant timescales set out in the Data Protection Legislation;

  • us, at our request, with any personal data you holds in relation to a data subject;

  • assistance as requested by us following any data loss;

  • assistance as requested by us with respect to any request from the Information Commissioner’s Office, or any consultation by us with the Information Commissioner's Office.

 

6.7 For the purposes of these Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy can be found at: www.pixcollect.com/privacy-policy

 

6.8 We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018. Where you or the client decides the purpose or means for the processing of the personal data that you provide when using our services, we are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

 

6.9 It is your responsibility to make it clear to contributors: 

  • you are the data controller; and 

  • you are responsible for determining the specific lawful bases upon which you are relying for data collecting; equally, you would need to explain what security measures you and pixcollect.com has in place and the extent to which it may anonymise any personal data collected. 

  • your ‘Privacy Policy’ and our ‘Privacy Policy’ (https://www.pixcollect.com/privacy-policy) and ‘Contributors Terms and Conditions’ (https://www.pixcollect.com/contributor-terms-conditions) should be provided to the contributor at the point that their photos, content and information is being collected.


6.10 We are members of the ICO Information Commissioner’s Office (https://ico.org.uk/your-data-matters/) Organisation name: Helen Marshall Limited Reference: ZA575447. Our Data Protection Officer is Helen Marshall Ltd, Acme Studios, Matchmakers Wharf, Homerton Road, London E9 5GP. studio@thepeoplespicture.com



7.Our Liability

7.1 We provide and maintain the Website on an “as is” basis and are liable only to provide our services with reasonable skill and care. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.

7.2 External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.

7.3 We give no warranty in respect of the information contained on the website and exclude all liability for any incorrect or inaccurate information or material the website contains.

7.4 We give no other warranty in connection with the Website and to the maximum extent permitted by law, we hereby expressly exclude liability for:

7.4.1 all conditions, warranties and other terms which, but for this notice, might otherwise be implied by statute, common law or the law of equity;

7.4.2 any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;

7.4.3 any interruptions to or delays in updating the Website;

7.4.5 the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website;

7.4.6 the availability, quality, content or nature of External Sites;

7.4.7 any transaction taking place on External Sites;

7.4.8 any amount or kind of loss or damage due to viruses or other malicious; and software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website.

7.5 We do not warrant that the operation of the Website will be uninterrupted or error free.

7.6 We will not be liable in any amount for failure to perform any obligation under these Terms of Use if that failure is caused by the occurrence of an event beyond its reasonable control.

7.7 You hereby agree to indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in these website terms of use.  

7.8 In all circumstances the maximum liability of the Company under the policy and this undertaking whether in contract or tort or otherwise shall be limited to the fee payable under the agreement.

7.9 The Company shall not be liable to you or the client for any indirect or consequential loss or for any loss of revenue, business or profits whatsoever arising (including in negligence) in relation to this Undertaking.


8.Force Majeure

8.1 The Company shall not be in breach of this Undertaking nor liable for any delay in performing, or failure to perform, any of its obligations under this Undertaking if such delay or failure result from events, circumstances or causes beyond its reasonable control including but not limited to strikes; lock-outs, or other industrial disputes; failure of a utility service or transport network; act of God; war; riot; civil commotion; malicious damage; compliance with any law or governmental order or World Health Organisation rule, regulation, or direction; accident; breakdown of plant or machinery; fire; flood; storm; disease; epidemic; pandemic; or default of suppliers or sub-contractors. 

9.General

9.1 These Terms of Use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law.  These Terms of Use will not exclude or limit our liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.

9.2 These Terms of Use, together with our Privacy Policy and Contributor Terms and Conditions (if applicable), constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other Terms of Use.

9.3 Failure to enforce any term does not constitute a waiver of that term.

9.4 If any part of these Terms of Use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

9.5 No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.


10. Jurisdiction and Governing Law

10.1 The English courts will have exclusive jurisdiction over any claim arising from or related to, a visit to the Website.

10.2 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10.3 If you have any complaints please contact us at studio@thepeoplespicture.com and we will reply within 7 days.

11. Contact Us

If you have any questions, comments or enquiries, please contact:

Organisation name: Helen Marshall Limited 

Reference: ZA575447 

Our Data Protection Officer is

Helen Marshall Ltd

Acme Studios, Matchmakers Wharf, Homerton Road, London E9 5GP

studio@thepeoplespicture.com


 

Thank you for visiting the Website.