THE DPA & GDPR MAY 2018
This website complies with the DPA (Data Protection Act 1998) and the GDPR (General Data Protection Regulation), effective from May 2018.
Joanne Quint (Quintessential Photography) is the data controller and is responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Full name of legal entity: Joanne (Jo) Quint, trading as Quintessential Photography
Email address: firstname.lastname@example.org
Postal address: Available to customers and on request
Telephone number: 07769 652145
PERSONAL DATA COLLECTION
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws, special offers and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Photographic Data refers to the photographs we create for you, which we need to do in order to do the work you have paid us to do. Our lawful ground for this processing is the performance of a contract between you and us.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
CONTACTING US AND DATA COLLECTION
The web form generates emails sent to firstname.lastname@example.org. The data from forms on our website is emailed to the address listed above and is also stored on the website server, in most cases dating back to when each form was created. By completing the contact form you agree to Jo Quint contacting you about Quintessential Photography’s photography services.
By providing us with your data, you warrant to us that you are over 13 years of age.
You will not be added to any mailing lists unless you have opted in or otherwise given consent, and will only be contacted by Jo Quint personally in relation to your enquiry. Your personal details will not be passed onto any third parties for marketing purposes other than with specific agreement and consent. If you wish to request for any email(s) containing your personal information to be deleted, please email email@example.com
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
Our lawful ground of processing your personal data to send you marketing communications is either your consent to receive mailings or our legitimate interests (namely to grow our business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. However you can still opt out of receiving marketing emails from us at any time.
We will not share your personal data with any third party for their own marketing purposes other than with your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt out links on any marketing message sent to you or, or by emailing us at firstname.lastname@example.org at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases and other services.
Email marketing messages sent after a visitor has supplied their contact information and specifically requested / consented to being added to the email mailing list may contain tracking beacons / tracked clickable links or similar server technologies in order to track reader activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
• Service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers
• Government bodies that require us to report processing activities.
• Printing partners – the companies we use to create albums and prints for you. Print orders may be sent from our printing partner direct to your home, so your name and address will be sent to them when we process the order.
• Visitor comments on our website may be checked through an automated spam detection service.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
• We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
• If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
• Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
Comments posted on our website are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
All photographic images delivered to you are archived for our own records. We do not undertake to archive images indefinitely and this should not be relied upon as a backup in the event of you losing your images – but if you should lose your images let us know and we will see if we can help.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Only Jo Quint will have access to your personal data (email address) stored on Shootproof’s system on behalf of Quintessential Photography. It will only be used as detailed above, will not be used for any other marketing purposes and will not be passed onto any third parties. Shootproof’s technical support team will have the means to access to your personal data (email address) but will never access or share this data other than by request from Jo Quint. If you wish to request for your personal data (email address) to be deleted from Shootproof’s servers, please email email@example.com.
CLIENT DATA HELD ON FILE
We take care over the processes around looking after personal data stored on our physical systems. Quintessential Photography holds the following personal data of clients:
ii) Addresses (including email addresses)
iii) Phone numbers
within soft copy and sometimes hard copy contracts as well as soft copy client ‘shoot plan’ documents. Soft copy contracts and day plans are safely stored within my password protected home office PC and backed up to encrypted external hard drives. Hard copy contracts are led in my secure home office. Client photos are safely stored within my password protected home office PC and backed up to encrypted external hard drives.
CLIENTS CAPTURED IN PHOTOS
In terms of explicit GDPR compliance, clients and guests/attendees are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’. The taking of photographs of guests/attendees when viewed as a form of processing personal data is necessary for the legitimate interests of Quintessential Photography as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.
SOCIAL MEDIA POLICY & USAGE
We adopt a safe and responsible social media policy. While we may have official profiles on social media platforms, users are advised to verify the authenticity of such profiles before engaging with, or sharing information with, such profiles. We will never ask for personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
DISPLAY OF IMAGES
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
EXTERNAL WEBSITE LINKS & THIRD PARTIES
This website may include links to third-party websites, plug-ins and applications. Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. Users should therefore note that they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.