From July 1, 2022, studios in Canada can confirm the updated General Terms & Conditions (GTC) of Fotografen Online Service GmbH.
The GTC (version July 1 2022) can be accessed via the following link:
The contracting party of studios in Canada is Fotografen Online Service GmbH, Germany. Studios from the United States will be served by GotPhoto Inc. and can can find an FAQ article on the GTC changes in the US here.
Why am I contracting with a German company as a Canadian studio?
Generally speaking, data protection laws in Canada are stricter than in the United States. GotPhoto takes data privacy very seriously. Therefore, Studios from Canada will be served by our German legal entity, Fotografen Online Service GmbH (located in Greifswalder Str. 207, 10405 Berlin), which adheres to the strict principles of the General Data Protection Regulation (GDPR) of the European Union. The GDPR offers a level of data protection that is comparable to the level required by PIPEDA.
What are General Terms and Conditions?
"General Terms & Conditions" is a document that regulates the contractual relationship between the provider of a service and its user. GTC provide clarity about what should happen in any given situation. They set out the key business terms that the provider is offering to their clients and help the contractual parties understand their duties, rights, roles and responsibilities.
What is a Data Protection Agreement?
In the course of accepting our GTC for the Canadian market, we will also provide you with a Data Protection Agreement (DPA) according to Article 28 GDPR.
Within the DPA, GotPhoto ensures that it processes data only for the purposes for which the studio has collected them and thus prohibits their use for their own purposes. In addition, the Data Processing Agreement obliges GotPhoto to protect the data entrusted to them with appropriate measures. Since the controller for the protection of the data according to GDPR remains the Studio, the latter is granted comprehensive control rights in the contract.
For clarification: As a studio, the DPA grants you additional rights and does not pose additional obligations on you.
You can find our Data Protection Agreement on our European website here.
What action do I need to take?
We need your consent in order to continue operating your GotPhoto account and online shop.
When you log into your GotPhoto account, a pop-up will appear prompting you to read and accept the terms.
You will also be able to access the pop-up at any time from your Dashboard within your GotPhoto account. It will remain as an open to-do item in your Dashboard until you’ve accepted the General Terms & Conditions, or until the deadline passes.
What happens if I do not agree to the Terms & Conditions from GotPhoto?
Of course, we don't want to lose you as a customer! We therefore ask you to please accept our General Terms & Conditions. You have until August 31, 2022 at 11:59pm EST to provide your consent from within your GotPhoto account. Unfortunately, we won’t be able to make any individual agreements.
Beginning on September 1, 2022 at 12:01am EST, your online shop and certain features of your GotPhoto account will no longer be accessible without GTC consent. At that time, you will no longer be charged a subscription fee, and any subscription fee for the period after August 31, 2022 will be refunded to your account.
After a transitional period which ends on November 30, 2022 at 11:59pm EST, we will unfortunately have to terminate your contract and delete all photos from your account. Payment will still be required for any outstanding fees owed on your account at that time.
What happens if I miss the deadline to agree to GotPhoto's General Terms & Conditions?
If you miss the deadline for agreeing to the General Terms & Conditions, don’t worry! You can still accept the Terms and Conditions during the 3-month transitional period, which will automatically reactivate your account.
From September 1, 2022 until November 30, 2022 at 11:59pm EST, your customer account will only be available to a limited extent. However, you still have the option of agreeing to the GTC in your administration area in order to be able to use your account to its full extent again.