Below we inform you about the most important aspects of data processing on our website.

We process personal data exclusively on the basis of legal regulations (in particular the General Data Protection Regulation – GDPR and the Telecommunications Act 2003).

Access Data

When visiting our website, the following data is automatically collected:

• IP address
• Date and time of access
• Start and end of the session

This data processing is carried out for technical reasons and represents a legitimate interest pursuant to Art. 6 (1) lit. f GDPR.

Contact

If you contact us via the contact form on our website or by email, the data you provide will be stored for six months for the purpose of processing your request and in case of follow-up questions.

This data will not be shared without your explicit consent.

Data Storage (Contract / Inquiry)

For the processing of inquiries and contracts, we process the following data:

• Title
• Name
• Address
• Phone number
• Email address

This data is required for pre-contractual measures and/or contract fulfillment (Art. 6 (1) lit. b GDPR).

Data will only be passed on if necessary for contract processing, for example to:

• Tax advisors (for legal tax obligations)

The data will be stored in accordance with legal retention periods (generally 7 years).

Cookies

Our website uses so-called cookies. These are small text files stored on your device.

Cookies do not cause any damage and are used to make our website more user-friendly.

You can configure your browser to inform you about the setting of cookies and allow this only in individual cases. Disabling cookies may limit the functionality of our website.

Cloudflare Turnstile (Spam Protection)

To protect our forms from misuse, we use “Cloudflare Turnstile”, a service provided by Cloudflare, Inc., USA.

Technical data (e.g. IP address, browser information, interaction data) is processed to determine whether input is made by a human.

Processing is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR to protect our website from spam and misuse.

Data may be transferred to the USA. This transfer is based on standard contractual clauses pursuant to Art. 46 GDPR.

More information:
https://www.cloudflare.com/privacypolicy/

Your Rights

You have the right to:

• Access
• Rectification
• Erasure
• Restriction of processing
• Data portability
• Withdrawal and objection

If you believe that the processing of your data violates data protection law, you may file a complaint with us or the competent supervisory authority.

Contact Details

Website operator: Melanie Timm
Phone: +43 677 610 30 221
Email: mail@pixure.at

Source: DSGVO Generator Austria in cooperation with Private Health Insurance Austria

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Terms and Conditions (T&C)

1. Scope

These Terms and Conditions apply to all services provided by Melanie Timm (Pixure Design & Photography) to both consumers (B2C) and businesses (B2B), unless otherwise agreed.

2. Copyright and Usage Rights

2.1 All created works (in particular photographs, designs, layouts) are subject to copyright. The contractor remains the author in all cases.

2.2 The client receives a simple, non-transferable right of use within the agreed scope.

2.3 Usage rights are transferred only after full payment has been made.

2.4 Any editing or modification of the works is not permitted without explicit consent.

2.5 Transfer of usage rights to third parties requires written approval.

2.6 The contractor is entitled to use the created works for self-promotion (website, social media, portfolio), unless otherwise agreed.

3. Payment Terms

3.1 Fees are based on individual agreement.

3.2 Invoices are due within 7 days without deduction unless otherwise agreed.

3.3 A deposit may be required for larger projects.

3.4 In case of late payment, statutory default interest may be charged.

4. Third-Party Services

4.1 The contractor may commission third-party services (e.g. printing, production) on behalf of the client.

4.2 The client agrees to indemnify and hold the contractor harmless in this regard.

5. Liability

5.1 The contractor is liable only for damages caused intentionally or by gross negligence, within legal limits.

5.2 For slight negligence, liability exists only in case of breach of essential contractual obligations.

5.3 Liability for loss of profit, indirect or consequential damages is excluded where legally permissible.

6. Warranty

6.1 The client must inspect delivered services immediately and report defects without delay.

6.2 If no complaint is made in time, the service is deemed approved.

7. Creative Freedom

7.1 The contractor has creative freedom within the scope of the project.

7.2 Changes requested after project start may incur additional costs.

7.3 Delays caused by the client may lead to reasonable adjustments in compensation.

8. Use of Provided Materials

8.1 The client confirms that they hold all necessary rights to the materials provided.

8.2 The client indemnifies the contractor against third-party claims.

9. Additional Terms: Wedding Photography

9.1 Images are delivered in edited JPEG format. RAW files are not provided.

9.2 Images may be used for private purposes and social media.

9.3 Commercial use (e.g. by vendors, advertising) requires prior consent.

9.4 Credit is appreciated but not mandatory unless agreed otherwise.

9.5 The contractor may use the images for self-promotion if agreed.

9.6 In case of unforeseen events (e.g. illness, force majeure), the contractor will attempt to provide a replacement but assumes no liability.

9.7 Cancellation policy:

• up to 12 months prior: deposit retained
• up to 3 months prior: 50% of total price
• less than 3 months: 80% of total price

9.8 Travel, Incidental Expenses, and Unforeseeable Additional Costs
The travel costs agreed upon in the offer are based on the travel arrangements known at the time the offer was made.
Should additional costs arise during the trip to or from the destination—in particular due to tolls, tunnel fees, ferry costs, parking fees, traffic-related detours, road closures, or similar unforeseeable events—these will be billed separately to the client.
Delays due to traffic congestion, road construction, accidents, or force majeure are beyond the Contractor’s control and do not give rise to any liability or entitlement to a price reduction or compensation for damages.

9.9 Group Photographs
For group photographs, the Contractor relies on the cooperation of all persons depicted.
The Contractor will direct the subjects to the best of their ability and pay attention to their line of sight, posture, and the composition of the image. Nevertheless, it cannot be guaranteed that all subjects will look at the camera at the same time, smile, have their eyes open, or assume the desired posture. Especially with larger groups or children, spontaneous movements or inattention on the part of individual subjects cannot be completely avoided. The Contractor therefore assumes no liability for such circumstances. Complaints based exclusively on the behavior of individual persons do not constitute a defect in the photographic service.

9.10 Lighting Conditions and External Factors
The quality of a photograph is significantly influenced by the prevailing lighting conditions and local circumstances.
The Contractor works with professional equipment and edits all images to the best of their knowledge and with the utmost care.
Nevertheless, the following factors may affect image quality:
mixed lighting from various light sources (e.g., daylight and artificial lighting),
colored LED lighting,
candlelight,
reflections from glass surfaces or mirrors,
reflections,
light coming through windows,
direct sunlight,
smoke machines,
dark rooms,
colored walls or ceilings,
varying skin tones and skin reflections,
clothing made of highly reflective materials,
local conditions over which the contractor has no control.
Particularly at evening events, in churches, at civil registry offices, or in event venues with challenging lighting conditions, color deviations, image noise, or varying skin tones may occur despite professional post-processing. These circumstances do not constitute a defect in the service.

9.11 Image Editing and Retouching
The photographic style, including color grading, contrast, exposure, and image editing, is an integral part of the Contractor’s artistic work.
The agreed scope of services includes standard corrections such as, in particular:
color and exposure corrections,
contrast adjustments,
cropping,
removal of minor skin imperfections (e.g., individual pimples),
removal of small distracting objects (e.g., insects),
minor background corrections, provided these can be made without significant time expenditure.
Extensive beauty retouching or image manipulation are not part of the agreed-upon services.
These include, in particular:
extensive retouching of skin imperfections,
complete retouching of the back, arms, or legs,
removal or alteration of tattoos,
removal of larger scars,
changes to body shape,
slimming,
changes to hairstyles or clothing,
replacement of backgrounds,
complex cutouts,
extensive retouching across multiple or all images in a photo series.
Such edits constitute special services and are possible only by prior agreement.

Depending on the scope of work, the editing time per image may be 30 minutes or more. Billing is based on a prior agreement or on the contractor’s current hourly rate.
Larger scars or permanent skin features are generally not removed, as they are part of the individual’s personality. Retouching is performed exclusively at the client’s express request or if it appears appropriate for the overall image from a creative perspective.

9.12 Artistic Freedom
The client is familiar with the contractor’s photographic style and commissions the contractor based on their individual visual language.
The selection of subjects, perspectives, framing, exposure, color grading, and the type of image editing are solely at the Contractor’s artistic discretion. Claims regarding personal taste, image composition, or artistic style are excluded.

9.13 Conduct of Third Parties
The Contractor shall not be liable for any disruptions to the photographic work caused by third parties.
These include, in particular:
guests who stand in front of the camera,
cell phones or tablets during important program segments,
other photographers or videographers,
uncoordinated groups,
delays in the daily schedule,
last-minute changes to the program,
restrictions imposed by venues or authorities.
Should this result in individual subjects not being photographed at all or only to a limited extent, this does not constitute a defect in the service.

9.14 Delivery of the Image Selection
The Contractor shall decide on the selection of the images to be delivered within the scope of his or her artistic freedom.
There is no entitlement to receive all images taken or to unedited original files (RAW files or unedited JPEG files).
Unsuccessful, technically flawed, duplicate, or photographically unsuitable images will be discarded and not delivered.

9.15 Data Backup
The Contractor shall retain the finished image data for a period of up to twelve months after delivery.
After this period expires, all data may be deleted without prior notice.
The Client is therefore obligated to make its own backup copies immediately upon receipt of the images. There is no entitlement to have the image data provided again after the retention period has expired.

10. Additional Terms: Design & Business Clients

10.1 Use of designs is limited to the agreed scope.

10.2 Any additional use requires consent.

10.3 Transfer to third parties requires approval.

10.4 The contractor assumes no liability for trademark or legal compliance.

11. Final Provisions

11.1 Austrian law applies.

11.2 Place of jurisdiction is the contractor’s registered office, where legally permissible.

11.3 If any provision is invalid, the remaining provisions remain unaffected.