Privacy

Policy

Last Updated May 2018

This privacy policy (“Privacy Policy”) applies to personal data that The Photography Boutique / Sally Beard ("TPB" or "I" or "me") collects from you as a customer (“you” or “your”). It provides information on what data I collect, why I 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”).

1. Who Am I?

I am Sally Beard of The Photography Boutique (TPB), at Field Cottage, 5 Elm Grove, Cowfold, West Sssex, RH13 8DA. I am the data controller responsible for your personal data.

2. What I Collect

I will collect the following information from you;
• Personal information: This includes your name, address, e-mail address; phone number; gender and date of birth; country; names, dates of birth, gender and other details of your family members and other participants in a photography session, together with any other information that you elect to provide to me.
• Payment Information: Information about your debit / credit card and bank account information provided by you to my payment service provider, that I require for the purpose of processing payment for my goods and services.
• Other Information: Personal details you choose to give when corresponding with me by phone or e-mail or at the shoot.
In providing my services, I create photographs which may identify you, your family members and other participants and that may be considered personal data. My photographs may be produced in print and digital format.  You are responsible for ensuring that all participants in a photograph session have been provided with a copy of this privacy policy.

3. How I Use Your Personal Information

I use your personal information in the following ways:
• to provide you with my service, 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 me.
• As necessary for certain legitimate business interests, which include the following:
~ where I am asked to deal with any enquiries or complaints you make;
~ to provide email communications which I think will be of interest to you;
~ if you ask me to delete your data or to be removed from my marketing lists and I am 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; (c) protect my operations; (d) protect my rights, safety or property, and/or that of my affiliated businesses, you or others; and (e) enforce or defend legal rights, or prevent damage.
• With your consent, I may use your photographs to promote and advertise my business, including (a) in my printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on my website and other digital advertising of my services; and (c) in social media forums such as Instagram, Pinterest and Facebook.
• I may provide you with information about goods or services, events and other promotions that I feel may interest you. I will contact you by email only with your consent, if this was given at the time you provided us with the personal data.
• I may use your personal data for other purposes which you have consented to at the time of providing your data.

As used in this Privacy Policy, “legitimate interests” means my interests in conducting and managing my business. When I process your personal data for my legitimate interests, I make sure to consider and balance any potential impact on you, and your rights under data protection laws. My legitimate interests do not automatically override your interests. I will not use your personal data for activities where my interests are overridden by the impact on you, unless I have your consent or those activities are otherwise required or permitted by law. You have the right to object at any time to processing of your personal data that is based on my legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).

4. Disclosure of Your Information

I may share your personal data with third parties in the following situations:
• Service Providers: I sometimes engage selected third parties who act on my behalf to support my 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 me to provide my goods / services, and (iii) providers of specialist services, including retouching, printers, framers and book binders. Pursuant to my instructions, these parties may access, process or store your personal data in the course of performing their duties to me and solely in order to perform the services I have hired them to provide. Further, all business partners I use for any of the above have their own GDPR Privacy Policy. 
• Business Transfers: if I sell my business or my company assets are acquired by a third party, personal data held by me about my customers may be one of the transferred assets.
• Administrative and Legal Reasons: if I 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 my Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect me, my members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.

5. Payment Information

Any credit / debit card payments and other payments you make will be processed by my third party payment providers and the payment data you submit will be securely stored and encrypted by my payment service providers, using up to date industry standards. Please note that I do not  directly process or store the debit / credit card data that you submit.
I store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. I will store this data in accordance with my legal obligations under applicable law and only for so long as legally permitted.
You may choose to opt out of me holding your card or payment data although this means that you will need to re-supply me with card / payment details for the purpose of making any future purchases.

5. Payment Information

Any credit / debit card payments and other payments you make will be processed by my third party payment providers and the payment data you submit will be securely stored and encrypted by my payment service providers, using up to date industry standards. Please note that I do not  directly process or store the debit / credit card data that you submit.
I store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. I will store this data in accordance with my legal obligations under applicable law and only for so long as legally permitted.
You may choose to opt out of me holding your card or payment data although this means that you will need to re-supply me with card / payment details for the purpose of making any future purchases.

6. Data Retention

I will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, I retain your personal data for seven years after your photography session and I retain digital files of your photographs for five years, except for those images used for portfolio purposes, upon permission of the client. When you consent to receive marketing communications, I will keep your data until you unsubscribe. Upon expiry of the applicable retention period I will securely destroy your personal data in accordance with applicable laws and regulations.

7. Data Protection Rights

Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
 Right of access: If you ask me, I will confirm whether I am processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require copies, I may need to charge a reasonable fee.
• Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that I correct or complete it. If I shared your personal data with others, I will tell them about the correction where possible. If you ask me, and where possible and lawful to do so, I will also tell you with whom I shared your personal data so you can contact them directly.
• Right to erasure: You may ask me to delete or remove your personal data, such as where my legal basis for the processing is your consent and you withdraw consent. If I shared your data with others, I will tell them about the erasure where possible. If you ask me, and where possible and lawful to do so, I will also tell you with whom I shared your personal data with so you can contact them directly. I 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 me 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 me processing it. I will tell you before I lift any restriction on processing. If I shared your personal data with others, I will tell them about the restriction where possible. If you ask me, and where possible and lawful to do so, I will also tell you with whom I shared your personal data so you can contact them directly.
• Right to data portability: You have the right to obtain your personal data from me that you consented to give me or that was provided to me as necessary in connection with my contract with you. I will give you your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere. I may need to charge a reasonable fee.
• Right to object: You may ask me at any time to stop processing your personal data, and I will do so:
~ If I am relying on a legitimate interest to process your personal data — unless I demonstrate compelling legitimate grounds for the processing or
~ If I am processing your personal data for direct marketing.
• Right to withdraw consent: If I 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 I 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 my privacy practices, including the way I handled your personal data, you can report it to the UK Data Protection Authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns.

If you wish to exercise any of these rights please contact me as described in the “Contact” section below. I may also need to ask you for further information to verify your identity before I can respond to any request.

8. Contact

Questions, comments or requests regarding this Privacy Policy should be addressed to Sally Beard of The Photography Boutique, Field Cottage, 5 Elm Grove, Cowfold, West Sussex, RH13 8DA. 
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