GDPR and the new privacy policy for Angelfire Photography

So sorry guys, I’m sure everyone is sick of hearing about GDPR now but its the law 🙂

 

As you may be aware, from Friday 25th May, new regulations are coming into force for businesses in regards to GDPR, if you haven’t heard of it read more about it HERE

The regulations apply to everyone that handles data so below is my new Privacy Policy and a little bit more of an explanation about what I do with customer data, how its stored, how long its stored for and what to do if you want to be deleted.

Data Collected 

  • Personal information such as names, address, email, contact number etc is all stored in studio software called LightBlue. I create a record for each customer and with that record I can raise invoices, book sessions in my diary, create contracts and store notes about what you want from your session. I also do my tax through the LightBlue Software. No bank details are stored in this program although I can choose to select how you paid your invoice. You can find their privacy policy HERE , they are GDPR compliant
  • For wedding clients I also keep a paper copy as well as a print out of your signed contract so that I have a back up for your once in a lifetime event
  • Images taken are stored on my computer, a password protected hard drive and backed up to Dropbox. I do also edit on a laptop when I’m on the move through ‘Creative Cloud’. No customer data or images are kept on this laptop though, it is password protected as is Creative Cloud. 
  • Client galleries are hosted by my webdesigners ‘Everybodysmiles’, you can read their privacy policy HERE they are also GDPR compliant
  • I do send images to be printed through third parties but only once a customer has placed and paid for that order.
  • I dont keep banking or card information for customers. Currently if you purchase through a gallery you pay via PayPal, their privacy policy is HERE Other payments are taken in cash or via bank transfer by the client. I may use a card machine in the future but I will update this policy then. 
  • I don’t currently, nor have I ever sent out promotions or communication via a mailing list ( I think they’re super annoying to be honest!!), going forward all customers will be required to opt in on their contract if they want to be part of any future mailing list.

Data Stored

Any invoices or data to do with purchases and sales are kept for 5 years as per HMRC’s requirements, GDPR is not above the law when it comes to finances.

Images are backed up for a minimum of 3 years and as if I have permission to use them for marketing or promotion then I don’t have plans to delete them after a certain time frame. If customers want their images permanently deleted please contact me via hi@angelfirephotography.co.uk

All other customer information is stored in LightBlue and can be deleted 5 years after the last purchase. 

My new updated Privacy Policy is as follows

Privacy Policy for Angelfire Photography- Updates May 2018

This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a customer (“you” or “your”). It provides information 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”).

  1. WHO ARE WE

We are Angelfire Photography, 14 Park Road West, Wollaston, West Midlands, DY8 3NQ.  We are the data controller responsible for your personal data. 

  1. WHAT DO WE COLLECT

We collect the following information from you:

  • 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 and 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 visit our studio. 

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 a photograph sessions have been provided with a copy of this privacy policy.

  1. 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 postal 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 purposes which you have consented to at the time of providing your data.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business. 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).

  1. 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, (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.
  1. 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.

We store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted.

You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details for the purpose of making any future purchases.

  1. 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 European Economic Area (“EEA”) to our service providers for the purposes described above. 

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 or EEA. Where we transfer your personal data to countries outside of the EEA 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. 

  1. DATA RETENTION

We 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, we retain your personal data for 5 years after your  last purchase and we retain digital files of your photographs for a minimum of 3 years. When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

  1. YOUR 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 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. If you require additional copies, we may need to charge a reasonable fee.  
  • 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. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
  • 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. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. 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. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
  • 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. You may reuse it elsewhere.
  • Right to object: You may ask us at any time to stop processing your personal data, 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), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here). 

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.

  1. CONTACT

Questions, comments or requests regarding this Privacy Policy should be addressed to Lucy Pryor, Angelfire Photography, hi@angelfirephotography.co.uk

 

GDPR feels like a very scary place as a small business. The fines are massive if you aren’t properly complying with the new regulations and theres not been an awful lot of guidance out there on how to get up to standard. Going forward, all customers will now be required to sign a contract with a clear guideline on data and opting in to any mailing list and also on sharing images online.

I will also be changing my pricing structure around over the next few months and changing the sessions I offer, some I won’t be doing after this year. My prints and products will also be increasing soon, my prices have remained the same for 3 years and I cant keep absorbing the rising cost of my suppliers sadly. I will give as much notice as possible though.

If you’ve managed to read this to the end you deserve a prize!!!!! Thank you for your time and please do get in touch if you want to know anything else about my GDPR policy 🙂