Outdoors/pop up studio/familes/ birthday/headshots/ behind the scenes for creative business/ products. PRIVACY POLICY and GENERAL TERMS AND CONDITIONS
When you book a paid session you will receive a version of these policies geared to your particular booking.) This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a customer (“you” or “your”). It provides info
rmation on what data we collect, why we collect the data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”). We are the data controller responsible for your personal data. WHAT WE COLLECT
We collect and process the following information provided by you in the course of your initial enquiry and the formation, operation and conclusion of our contract for photography services:
Personal information: This includes your name, address, e-mail address; phone number; gender and date of birth; country, as well as the names, dates of birth, gender and other details about your family members and other participants in a photography session, together with any other information that you elect to provide to us. Other Information: Personal details you choose to give when corresponding with us by phone or e-mail or other communication methods. In providing our services we create photographs which may identify you, your family members and other participants and that may be considered personal data. Our photographs may be produced in print and digital format. You are responsible for ensuring that all participants in photography sessions have been provided with a copy of this privacy policy. Personal data will be processed in order to perform our contract with you, fulfil legal obligations and for legitimate interests, as described below. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information in the following ways:
to provide you with our services and to create and deliver the products you have requested and contact you regarding your use of the services. Such use is necessary to respond to or implement your request and for the performance of the contract between you and us. as necessary for certain legitimate business interests, which include the following:
where we are asked to deal with any enquiries or complaints you make;
to provide communications which we think will be of interest to you;
if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing; and
to (a) comply with legal obligations, (b) respond to requests from competent authorities; (b) protect our operations; (c) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (d) enforce or defend legal rights, or prevent damage. With your consent, we may use your photographs to promote and advertise our business, including (a) in our studio and in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on our website and other digital advertising of our services; and (c) in social media forums such as Instagram, Pinterest and Facebook. We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email only with your consent, if this was given at the time you provided us with the personal data. We may use your personal data for other reasons compatible with the purposes of the data processing outlined in this Privacy Policy. There may be other occasions where personal data is processed for unrelated purposes which will be explained at that time upon notice to you. If required, we will ask for your consent to any such further processing. As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business and fulfilling our obligations under our contract with you. This Privacy Notice describes when we process personal data for those legitimate interests, what these interests are and your rights. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below). You acknowledge and agree that where provision of personal data is necessary to ensure compliance with legal obligations or to perform our contract with you, failure to provide relevant personal data for the above mentioned purposes may prevent us providing our goods and services to you. DISCLOSURE OF YOUR INFORMATION
We share your personal data with third parties in the following situations:
Service Providers: we sometimes engage selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services, and (iii) providers of specialist services, including retouching, printers, framers and book binders. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide. Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our customers may be one of the transferred assets. Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations. PAYMENT INFORMATION
Any credit/debit card payments and other payments you make will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit. DATA SECURITY
We are committed to keeping your personal data secure. We use physical, electronic and managerial procedures to secure any information we collect and store. We use third party programs/websites such as gmail, Google WorkSpace, E-Sign, PayPal and social media platforms such as Facebook, to help us deliver our service. These platforms all have their own Terms and Conditions and/or Privacy and Cookie Policies. Please familiarise yourself with these policies before using these programmes/websites. You will be sent messages and emails that may contain personal data, including photos and contracts, for example you will receive copies of your contracts from E-sign via email. All parties have a responsibility to keep this data secure. Please keep your email passwords safe and store photos and contracts securely. Transmission of information over the internet is not completely secure. Any transmission is at your own judgement and risk. Please contact us if you would like further information about our third party programmes/websites. DATA TRANSFERS
Your personal data will be transferred to and stored in countries other than the country in which the information was originally collected, including the United States and other destinations outside the United Kingdom to our service providers for the purposes described above. For example we use Google WorkSpace, including gmail and Google Drive, who have servers throughout the world. Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United Kingdom. Where we transfer your personal data to countries outside of the UK we will take all steps to ensure that your personal data continue to be protected. We will implement appropriate safeguards for the transfer of personal data to our service providers in accordance with the applicable law, such as relying on our service providers’ Privacy Shield certification or implementing standard contractual clauses for data transfers. If you would like to receive more information on the safeguards that we implement, including copies of relevant data transfer contracts, please contact us as indicated below. DATA RETENTION
Personal data will not be held for longer than necessary with regard to the purposes of the data processing outlined in this Privacy Policy, subject to any retention periods provided by applicable laws and regulations. We apply criteria to determine the appropriate periods for retaining personal data depending on its purpose, nature, and sensitivity and any retention periods provided by applicable laws and regulations. For example after the conclusion of our contract for photography services, we will review the information, personal data and communications you have provided us with and If it is no longer needed we will securely destroy it in accordance with applicable laws and regulations. We retain basic personal data for six years for UK tax purposes after which we will review the data we have. We will also check what information and data we have annually. After these reviews, personal data, information and communications no longer needed will be securely destroyed in accordance with applicable laws and regulations. We may retain digital files of your photographs unless you ask us not to. When you consent to receive marketing communications, we will keep your data until you unsubscribe. YOUR DATA PROTECTION RIGHTS
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, you have the following rights in relation to your personal data:
Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy. Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your personal data in a structured, commonly used and machine-readable format. Right to object: You may ask us at any time to stop processing your personal data on grounds relating to your particular situation, and we will do so:
If we are relying on a legitimate interest to process your personal data -- unless we demonstrate compelling legitimate grounds for the processing or
If we are processing your personal data for direct marketing. Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent. Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO) using the following link. https://ico.org.uk/make-a-complaint
If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request. LIABILITY
We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive Photographs you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances. Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
any indirect or consequential loss. Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and/or
any other matter for which it would be illegal to exclude or attempt to exclude our liability. Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions. Except as set forth in this section 10, to the fullest extent permitted by law, we disclaim all warranties, implied or express. INTELLECTUAL PROPERTY RIGHT
We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions. If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited. If you purchase a Package comprising digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs. Without our prior consent, you undertake not to (a) use any Artwork Product or digital images that are provided to you for any commercial purpose, or (b) edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. PRIVACY
We use and process your personal information in accordance with our Privacy Policy, a copy of which is included with these Terms and Conditions. MISCELLANEOUS
Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party. Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Package or Artwork Products by an event outside our control (including acts or god, fault or failure of equipment, software, hardware, networks, epidemic, pandemic or widespread outbreak of illness or disease, or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received. Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute. CONTACT
Questions, comments or requests regarding this Privacy Policy should be addressed to [email protected]. Dandelion Wishes Photography, reserves the right to make reasonable changes to this policy without notice.
