Danielle Smith Photography Terms of Service and Privacy Policy

1. Introduction

Danielle Smith, trading as Danielle Smith Photography at 28 Millbrook Gardens, Romford, Essex, RM2 5RP, UK (we/us/our) respects your privacy and are committed to protecting your personal data. This privacy policy aims to give you information on how we collect and process your personal data, including any data you may provide through this website or when you purchase our photography services.

It is important that you read this privacy policy together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. Your acceptance of this privacy policy is deemed to occur upon your first use of our site.

2. Who We Are

We are the controller and are responsible for your personal data. If you have any questions about this privacy policy, including any requests to exercise your legal rights (as set out below), please contact us at danielle@danielle-smith-photography.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

3. Third-Party Links

This website may include links to third-party websites, information and resources. Clicking on those links 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. We encourage you to read the privacy policy of every website you visit before submitting any personal data to third parties.

4. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  1. Identity Data includes: first name, last name, date of birth and gender.
  2. Contact Data includes: billing address, delivery address, email address and telephone numbers.
  3. Financial Data includes: bank account and payment card details.
  4. Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
  5. Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  6. Profile Data includes: purchases or orders made by you, your interests, preferences, feedback and survey responses.
  7. Usage Data includes: information about how you use our website, products and services.
  8. Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.
  9.  

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

5. If you Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our photography services). In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time.

6. How is your Personal Data Collected?

We use different methods to collect data from and about you including through:

  1. Direct interactions. For example, you may give us your identity and contact details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you enquire about or request our photography services or give us feedback.
  2. Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. Please see the cookies section below for further details.
  3. Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, which includes analytics providers such as Google based outside the EU and contact, financial and transaction data from providers of technical, payment and delivery services such as Paypal based outside the EU.

7. How we use your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  1. Where you have given consent to the processing of your personal data for one or more specific purposes.
  2. Where we need to perform the contract we are about to enter into or have entered into with you.
  3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  4. Where we need to comply with a legal or regulatory obligation.

8. Purposes for Which we will use your Personal Data

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Screen Shot 2018-04-03 at 16.53.09.png

9. Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third parties for marketing purposes.

10. Opting Out

You have the right to withdraw consent to marketing at any time by contacting us. 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 by contacting us at any time.

11. Cookies

Cookies are small text files placed on your device when you visit our site. All cookies used by and on our website are used in accordance with current UK and EU cookie law (meaning the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015).

'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards. 'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.

Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by us and we use these to improve our site's performance and to provide and improve our services.

All our cookies fall within the classifications Strictly Necessary, Functionality and Performance. None are classified as Behavioural Targeting. If at any time you wish to disable our cookies, you may do so through the settings on your browser but if you do so you will not be able to use certain important features of our service.

Before cookies are placed on your computer or device, you will be shown a pop-up message bar requesting your consent to set those cookies. By giving your consent to the placing of cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of cookies. However, if you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

You can choose to enable or disable cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device. You can choose to delete cookies at any time however you may lose any information that enables you to access our site more quickly and efficiently.

12. Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

13. Disclosures of your Personal Data

We may have to share your personal data with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities and marketing. We currently contract with Paypal, Mailchimp, and internal business advisors.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may, from time to time, also expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Data provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the data for the purposes for which it was originally collected by us.

14. International Transfers

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage and the use of the EU-approved Model Contractual Arrangements.

15. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We will notify you and any applicable regulator of a breach where we are legally required to do so.

16. Data Retention. How Long Will you use my Personal Data For?

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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

17. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are set out below:

  1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at the contact details set out above.

18. No Fee Usually Required

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. Alternatively, we may refuse to comply with your request in these circumstances.

19. What we may Need From you

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.

20. Time Limit to Respond

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 and keep you updated.

21. Changes to this Policy

We may change this privacy policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on the website and you will be deemed to have accepted the terms of the privacy policy on your first use of our site following the alterations. We recommend that you check this page regularly to keep up-to-date.