Over the last few weeks I am sure that you will have been receiving hundreds of emails from businesses that you may have had even the smallest of dealings with in the past, asking you to confirm whether you would like to continue to be contacted by them in the future. My own personal email has been going nuts with emails from companies I had totally forgotten about.
All of this is because of the intensely boring but entirely necessary GDPR regulations due to come into force in the EU very soon.
WHAT INFORMATION DO I COLLECT?
In the everyday course of my business I will of course collect certain pieces of personal information related to clients to allow me to carry out my work. These include:
- Phone Numbers
- Email Addresses
- Date and location of Wedding / Event
WHERE IS MY INFORMATION STORED?
These items are stored within my business management system by the folks at 'Shootproof'. This information may also be used by 'Loxley Colour' (my print fulfillment partner) should my clients purchase any printed media following their event. Links to the privacy policies of both Shootproof and Loxley Colour are noted below.
Obviously, being a Photographer, I also have to store images of my clients / other persons present at my events. These images are stored offline for a period of two years following the event in question. Imagery IS NOT stored / archived on a cloud based system. Where images are stored in an 'online gallery' via Shootproof, these galleries are not shared publicly and access is password protected. You alone have the ability to share this information. I will not.
I DO NOT compile or hold a database of Email addresses. Apparently this is something of a no-no in the marketing world, but I cannot abide spam email personally, so I don't do it myself. Furthermore, I will not sell your email address / private data to a third party.
The only email correspondence you will receive from me will relate to the specific event you have contacted me about. I will not re-market further services. Furthermore, if an enquiry is made that doesn't result in a booking, I will delete correspondence one year after last contact.
HOW IS MY INFORMATION USED?
The information I collect is very much the minimum necessary to enable me to carry out my work in a proficient manner. It is used as follows:
- To create contractual documents
The five pieces of data noted at the beginning of this policy will be used to create and facilitate the signing of our contract and the creation of / access to / usage of private online galleries.
- To facilitate print fulfillment
Names and addresses are used to enable print fulfillment. i.e. who and where to send your photographs!
- For contact purposes (email, telephone (to talk about your amazing wedding day) and postal (to deliver your wedding photographs))
Pretty self explanatory I hope. I will not contact you about any other services either prior to and after your event. Email conversations will be stored securely for a reasonable time period after the event.
- On my Website / blog.
This applies to both your names and your imagery. If you explicitly consent to the use of your imagery on my website / blog (which is always hugely appreciated and hopefully something you would like as well... it is always great to be able to share a blog post with family and friends) then your imagery may be used throughout my website / blog.
In order to gain consent to use your imagery I will ask for explicit consent via email at the time of signing contracts. Your response will be recorded on our contract. You have the right to withdraw consent at any time.
Should you be featured on my blog only reference to your first names will be used. Furthermore, the naming convention of the imagery used upon my website will not include personal information.
- On Social Media.
For someone who values privacy, Social Media is something of a bugbear or mine. I have to use it, but don't particularly want to.
So, with this in mind I have a process for the use of imagery / data on Social Media as follows:
- I will not upload specific imagery to my Business Facebook Page (Facebook Face Recognition scares me!).
- I will only post links to my website / blog.
- I will only use first names when linking to my website / blog.
- I will not friend request and consequently TAG clients into posts made to my Facebook page. Should you wish to TAG yourself into a post / share that post that is fine, but I will not do it.
- I will only post links to my website / blog.
- I will only use first names when linking to my website / blog.
- I will not 'follow' and consequently 'mention' clients in posts made to Twitter. As with Facebook, if you wish to do so yourselves, that is fine.
- Imagery posted to Instagram will refer to clients by first name only.
- I will not 'follow' and consequently 'mention' clients in posts made to Instagram. As above, if you wish to do so yourselves, that is fine.
- Imagery posted to Pinterest will refer to clients by first name only.
As noted above, explicit consent to the use of imagery on my website / blog will be sought via email during the booking process, and specific reference will be made within our contract to this end. You are within your rights to change / revoke any consent given to the use of imagery at any time.
I don't really understand this one... I am a bit of a technophobe. But apparently cookies are something your computer stores when you visit a website to enable it to load faster should you revisit. They also mean that I can measure how many people are visiting my site, for how long etc. via Google Analytics. You can turn off / disable cookies on your computer should you want to.
THIRD PARTY PRIVACY POLICIES
As with most businesses, I use third parties throughout most of my everyday business activities. Links to the privacy policies for each of the third parties that I use can be found as follows:
- TSO Host
AND NOW THE FORMAL STUFF....
1.1 We are committed to safeguarding the privacy of John Colson Photography website visitors and customers.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of John Colson Photography website visitors and customers;
1.4 In this policy, "we", "us" and "our" refer to John Colson Photography
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics via Squarespace Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your personal data. The account data may include your name and email address, home address and telephone number. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.4 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include name and email address, home address and telephone number. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis 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.
2.5 We may process information that you post for publication on our website or social media. The publication data may be processed for the purposes of enabling such publication and administering/marketing our website and services. The legal basis for this processing is consent.
2.6 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers and keeping records of those communications. The legal basis for this processing is consent.
2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis 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 and our legitimate interests, namely the proper administration of our website and business.
2.8 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users..
2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice]. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.12 Please do not supply any other person's personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.2 Financial transactions relating to product order are handled by our payment services providers, shootproof.com.
3.3 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to [countries outside the European Economic Area (EEA)].
4.2 The hosting facilities for our website and online gallery services are situated in the USA.
4.3 The use of other image transfer services will be protected by appropriate safeguards, namely Dropbox.
4.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) Names, contact details (email address, personal address, telephone number), contract details, invoices, email correspondence and information pertaining to the provision of services (planning details etc.) will be retained for a minimum period of 6 years following completion of services.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of significant changes to this policy by email.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request your personal data by contacting us.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us.
8. About cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
10. Cookies used by our service providers
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) HYPERLINK "https://support.google.com/chrome/answer/95647?hl=en"https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) HYPERLINK "https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences"https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) HYPERLINK "http://www.opera.com/help/tutorials/security/cookies/"http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) HYPERLINK "https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies"https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) HYPERLINK "https://support.apple.com/kb/PH21411"https://support.apple.com/kb/PH21411 (Safari); and
(f) HYPERLINK "https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy"https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12. Our details
12.1 This website is owned and operated by John Colson Photography.
12.3 Our principal place of business is at 32 Sutton Park Rise, Kidderminster, UK.
12.4 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number published on our website; or
(c) by email, using [the email address published on our website.
13. Data protection officer
13.1 Our data protection officer's contact is John Colson.