The following terms and conditions (the “Terms”) cover your use of the websites www.photoconsent.dk and www.photoconsent.eu (the “Website”), as well as all associated websites linked to this domain or services associated with PhotoConsent’s platform (the “Platform”).
We also encourage you to read our privacy policy for the Website.
By using the Website, you accept the following terms for use of the Platform.
General
PhotoConsent may amend these Terms when necessary due to changes to the Platform, applicable legislation, security matters or commercial circumstances. Material changes affecting the customer’s rights or obligations will be notified in writing at least 30 days in advance. Minor changes and changes solely for the customer’s benefit may be implemented without separate notice. The current Terms are available on the Website at all times.
Provided that these Terms are complied with, PhotoConsent grants a personal, non-exclusive, non-transferable and limited right to use the Website and the Platform solely in accordance with these Terms.
To create a Profile and log in to and/or use the Profile, you must be over 18 years of age and have legal capacity.
About PhotoConsent and its use
PhotoConsent is a digital platform for preparing, collecting, managing and documenting consents, permissions, model agreements and other documentation, primarily in connection with the use of photos and video, but it may also be used for other types of consent. The Platform provides digital forms, templates and functions for collecting, storing and managing documentation, among other things. The customer is responsible for choosing the relevant legal basis and for the content of the forms and agreements the customer uses. PhotoConsent does not provide legal advice, and use of the Platform cannot replace specific legal advice. PhotoConsent is not a legal service and is not subject to the rules applicable to, for example, lawyers or legal advice.
All applicable legislation must be complied with when using the Website and the Platform. Any violation of the law in connection with use of the Website and the Platform will constitute a breach of the Terms and may result in a report to the appropriate authorities.
When using the Website and the Platform, you warrant the content of the consent, your ability to access the consent, the information in it and the Profile, and that you are authorised to collect and store the consent.
PhotoConsent is not a party to the consents, permissions, model agreements or other declarations and agreements created or collected through the Platform. The customer is responsible for ensuring that the chosen document and its content are suitable for the customer’s purpose and comply with applicable legislation. PhotoConsent is not responsible for the validity, scope or legal effect of the customer’s consents, permissions or agreements.
Processing personal data on behalf of the customer
When PhotoConsent processes personal data on behalf of a customer as part of delivering the Platform, the customer is the data controller and PhotoConsent is the data processor, unless the specific processing entails otherwise. Processing is carried out on the customer’s documented instructions and in accordance with the data processing agreement entered into between the parties. The data processing agreement forms an integral part of the contractual basis. Information about subprocessors, security measures, assistance, deletion and other processing-related matters is set out in the data processing agreement and the current security documentation.
Creating a profile
When creating a Profile through the Website, you must enter basic information such as your name, company, address and so on. All information entered must be true. This information can be updated or changed at any time. You accept and acknowledge that those receiving the consent will have access to this information.
Storage
Consents, permissions, agreements and other documentation created and collected are stored on the Platform for as long as the customer’s account is active and storage complies with the customer’s instructions, applicable legislation and the data processing agreement. The customer is responsible for setting relevant retention periods for the information for which the customer is the data controller.
When the subscription ends, the customer has access to its data until the account is closed and may export available information from the Platform before then.
After the subscription ends, the customer’s consent forms, agreements, templates and other data will be deleted no later than 30 days after the end of the subscription, unless otherwise agreed or required by applicable law or the customer’s documented instructions.
The customer is responsible for keeping its own backup copies of consents and other documentation. PhotoConsent is therefore not responsible for the customer’s failure to maintain external backups.
PhotoConsent implements and maintains appropriate technical and organisational security measures, taking into account the nature, scope, context and purposes of the processing and the risks it involves. Further information about security measures and their verification is set out in the data processing agreement and PhotoConsent’s security and compliance documentation.
PhotoConsent does not sell the customer’s personal data. When PhotoConsent processes personal data as a data processor, information is disclosed or made available only to approved subprocessors and other recipients to the extent necessary to deliver the Platform, required by the customer’s documented instructions or required under applicable law. The use of subprocessors is governed by the data processing agreement.
If PhotoConsent ceases to operate the Platform, PhotoConsent will, to the extent possible, notify customers and give them a reasonable opportunity to export their data before final closure. The handling and deletion of personal data on termination take place in accordance with the data processing agreement and applicable law.
Disclaimer
PhotoConsent is not a party to consents, permissions, model agreements or other declarations and agreements that the customer creates or collects through the Platform. PhotoConsent has no obligation to act as a party, adviser or mediator in disputes between the customer and data subjects or other third parties concerning the content or use of such documents.
PhotoConsent does not provide legal advice. Templates, guides and other material on the Platform are general tools and cannot replace a specific legal assessment. The customer is responsible for assessing whether the forms, legal bases and agreements used are relevant and lawful in the specific circumstances.
As a user of PhotoConsent’s Website and Platform, you are responsible for maintaining the confidentiality of your information, account details, Profile details and password. If you suspect any unauthorised use of your Profile or any security breach, you must notify PhotoConsent immediately.
PhotoConsent is liable under the general rules of Danish law, subject to the limitations set out in these Terms. PhotoConsent is not liable for indirect losses, including operating losses, lost profits, loss of goodwill or other consequential losses. PhotoConsent is also not liable for matters caused by the customer’s own systems, internet connection, third-party services outside PhotoConsent’s control or force majeure. PhotoConsent’s total liability to the customer within a period of 12 months is limited to an amount equal to the customer’s payments to PhotoConsent during the same period, unless otherwise agreed in writing. This limitation does not apply in cases of intent or gross negligence or to the extent that liability cannot lawfully be limited. Liability in connection with the processing of personal data is also governed by the data processing agreement and mandatory data protection law.
Contact and newsletters
PhotoConsent may contact users and the customer’s contact persons using the contact details provided when necessary to deliver the Platform, provide support, administer the subscription or communicate operational and security matters. Newsletters, offers and other electronic marketing are sent only when the necessary basis exists under applicable marketing rules. Recipients may opt out of marketing at any time using the unsubscribe facility provided or by contacting info@photoconsent.dk. Opting out of marketing does not affect necessary communications about the customer’s account or agreement.
Personal information
PhotoConsent processes personal data in connection with operating the Website, administering customers and users, and delivering the Platform. Information about PhotoConsent’s processing as an independent data controller is provided in PhotoConsent’s privacy policy. When PhotoConsent processes personal data on the customer’s behalf, the processing is governed by the data processing agreement.
Intellectual property rights
All media, software, text, templates, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, illustrations, designs, logos, code and other content on the Website and the Platform are owned by or licensed to PhotoConsent. This content is protected by copyright, and PhotoConsent has the exclusive right to control its use in accordance with the Danish Copyright Act. Express consent or an agreement is therefore required for content to be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, leased, sent, publicly displayed, modified to create new works, performed, digitised, translated or transferred in any way to another computer, website or other medium, or for commercial purposes.
PhotoConsent and all other marks, illustrations, icons, logos and names on the Website are protected trademarks belonging to PhotoConsent or its licensors. Use of any such trademark without PhotoConsent’s express written consent is strictly prohibited.
The customer retains all rights to its own data, text, images, logos and other material uploaded to the Platform. The customer grants PhotoConsent the limited right of use necessary to deliver the Platform. PhotoConsent may freely use general suggestions and feedback about functionality and improvements to develop the Platform without separate remuneration, provided that the customer’s confidential information and personal data are not disclosed or used for other purposes.
Prices and payment
Prices are stated in the agreement entered into with PhotoConsent or on the Website.
Payment is made by invoice or by entering card details through an associated external payment service. Please note that payment services may charge fees. The payment service encrypts card details, and PhotoConsent does not store them.
Please note that PhotoConsent’s services are offered on a subscription basis. By taking out a subscription, you will therefore be invoiced in accordance with the subscription you choose or the agreement you have entered into with PhotoConsent. For more information about subscription arrangements, please read the section below and the Website.
Please note that payment reminders, fees and interest may be incurred in the event of non-payment.
These Terms are primarily intended for business customers and public organisations. If PhotoConsent enters into an agreement with a consumer, mandatory consumer protection rules, including rules on the right of withdrawal, apply to the extent applicable. In that case, the consumer will receive the information required under applicable consumer law.
Subscriptions
PhotoConsent offers one or more types of subscription in which different functions, templates and/or services may be available. PhotoConsent’s subscriptions, prices, fees and payment terms are clearly stated on the Website.
PhotoConsent may change subscription prices and content. Price changes will be notified at least 30 days in advance and will generally take effect from the customer’s next subscription period, unless otherwise provided in the specific agreement. If PhotoConsent makes a material change to the subscription’s core functions to the customer’s disadvantage, advance notice will be given so that the customer can terminate the subscription with effect no later than when the change takes effect.
Termination
The customer may terminate the subscription by contacting PhotoConsent at info@photoconsent.dk. Unless otherwise agreed, notice of termination must be received no later than 30 days before the end of the current subscription period to prevent automatic renewal. Termination takes effect at the end of the subscription period already paid for. Prepaid amounts are not refunded unless otherwise required by mandatory legislation or a separate written agreement.
PhotoConsent may temporarily restrict or suspend the customer’s access to the Platform if necessary for reasons of security, operations, legal requirements, non-payment or a material breach of these Terms. Where the matter can be remedied, PhotoConsent will generally give the customer a reasonable period to remedy it, unless immediate suspension is necessary. PhotoConsent may terminate the agreement for material breach. The customer’s access to export and the handling of data on termination are governed by the storage section and the data processing agreement.
Any liability in connection with changes to, suspension of or discontinuation of the Platform is governed by the general liability provision in these Terms.
Information that others have received from you when entering into agreements will remain available to those third parties. PhotoConsent has no responsibility for ensuring that information you have disclosed yourself is deleted.
Miscellaneous provisions
Delay or failure to take measures or decisions under these Terms does not constitute a waiver of any provision or rights under these Terms.
If any provision of these Terms is found to be invalid or unenforceable under applicable law, this contract must nevertheless be enforced to the greatest extent possible. The remaining Terms are not affected by one or more provisions being invalid.
The customer may not assign the agreement or its rights and obligations under these Terms to a third party without PhotoConsent’s written consent, unless the assignment forms part of a business transfer, merger or similar restructuring and the new party assumes all obligations. PhotoConsent may assign the agreement as part of a business transfer or internal group restructuring, provided that the customer’s contractual rights are not materially impaired.
These Terms and the customer’s use of the Platform and the Website are governed by Danish law. Disputes that cannot be resolved amicably will be decided by the Danish courts, with Copenhagen City Court as the agreed venue for business customers, unless otherwise required by mandatory rules.