Cookie & Privacy Policy

INTRODUCTION

This privacy notice provides you with details of how we collect and process your personal data through your use of our website:

https://oehlersphotography.co.uk/

It explains how we comply with the EU’s General Data Protection Regulation (GDPR), effective from the 25^th of May 2018 and the DPA, Data Protection Act 1998.

Oehlers Photography is the data controller and is responsible for your personal data referred to as “we”, “us” or “our” in this privacy notice.

By providing us with your data, you warrant to us that you are over 13 years of age.

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at:

[email protected]

2.THE DATA WE COLLECT ABOUT YOU; THE PURPOSE OF COLLECTING IT AND ON WHAT GROUNDS WE PROCESS THE DATA

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

• Communication Data – this includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests, which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

• Customer Data – This includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground 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.

• User Data – This includes data about how you use our website. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back-ups of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. For more information please refer to our Cookie Policy below.

• Technical Data – This includes data about your use of our website and online services as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website, to administer and protect our business and website, to deliver relevant content and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which

in this case are to enable us to properly administer our website and our business and to grow our business and to decide on our marketing strategy. For more information on how this information is gathered please refer to our Cookie Policy below.

• Marketing Data – Oehlers Photography does not engage in email or direct marketing nor shares your information with third parties for email or direct marketing.

• Sensitive Data – We do not collect any Sensitive Data about you. Sensitive Data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us, and you do not provide us with that data when requested, we may not be able to perform the contract for example, to deliver goods or services to you. If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for the purpose it was collected e.g. to communicate with you regarding your enquiry about photographic services, to communicate with you regarding your booking with us, to communicate with you regarding products you purchase from us or for or a reasonably compatible purpose if necessary. For more information on this please email us at [email protected]. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision making or any type of automated profiling.

1. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

• Service providers who provide IT and system administration services.

• Professional advisors including lawyers, bankers, auditors, accountants and insurers

• Government bodies that require us to report processing activities.

• Product suppliers including album manufacturers and printers.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We allow such third parties to process your personal data for specified purposes and only in accordance with our instructions.

1. INTERNATIONAL TRANSFERS.

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Some of our third parties service providers 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 do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

1. 1. We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data. OR
   2. Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe. OR

1. 1. If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

• Client Galleries. As part of the service contracted by Oehlers Photography we create a client gallery which is hosted by The Imagefile. The gallery will host your images for six months and you will only be contacted through your Imagefile gallery by Oehlers Photography with information relating to your gallery. After six months your gallery will automatically expire and your email data will

be removed from the servers. To enter your gallery you will be requested to provide your email, as will anyone you have chosen to share the gallery with be required to provide theirs. In doing so those entering the gallery are agreeing to receiving gallery related emails. Emails are sent automatically. Please do not log into those galleries if you do not wish to receive emails relating to them. Emails relating to the gallery are stored on the Imagefile server. The Imagefile have the ability to access your email address but only when technical reason require that they access your gallery and only ever at the request of Oehlers Photography. The Imagefile will never use your email address for marketing purposes nor will they or Oehlers Photography share email addresses related to your gallery with third parties. If you wish to have your email removed from The Imagefile server please email: [email protected]. The Imagefile’s Privacy Policy can be found here. https://www.theimagefile.com/privacy

1. DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. On the rare occasion we employ a third photographer or assistant we may allow them access to a limited amount of your personal data for them to be able to carry out work on the day of your shoot. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

1. DATA RETENTION

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.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

• Contacting Us – When you contact us through this website your information is sent to [email protected] through our website hosts server. The emails are stored in the backend of the

website and it is regularly maintained for security and managed with an SSL certificate. Your data from the contact form can be accessed by Oehlers Photography. Your information will only be used to contact you regarding the photographic services you have enquired about. You will not be added to any mailing lists. Oehlers Photography will not be sending you marketing. Our email service is provided by Microsoft Office 365 their privacy policy can be found here https://privacy.microsoft.com/en -gb/privacystatement . When you contact us using the contact form on our website we keep the data for 2 months unless you choose to book us then the data is kept for as long as is necessary to fulfil the purposes we collected it for. If you wish to have any emails containing your personal information deleted please email [email protected] . Our lawful ground for this processing is our legitimate interests, which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

• Booking us. Your customer data is stored at our Home Office in a lockable filing cabinet. We store only the information we require to carry out the work we are contracted to do for you. Soft copies are used on the day of your shoot and contain limited personal details relevant for the purposes of the shoot only, they are destroyed by shredding within 48 hours of the shoot. 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.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

1. CLIENTS & GUESTS CAPTURED IN PHOTOGRAPHS

Under GDPR legislation a photograph may not in some circumstances be found to be a form of personal identification when it is used to uniquely identify or authenticate a natural person or persons. Oehlers Photography will never use or take any photograph in order to uniquely identify or authenticate any person unless required to do so by law. We do not use any software capable of biometrically identifying a natural person.

Clients and Guests, and those associated with a client’s wedding e.g. ceremony officiators, vendors, will only appear in photographs taken by Oehlers Photography as part of the record of the event and their rights are protected by Oehlers Photography as stated in this privacy policy. It would be disproportionate and impractical to obtain consent from every guest or person at a wedding, and/or to direct them to this privacy policy on the day and/or make announcements about photography throughout the day in order to carry out the work contracted for and would cause an unreasonable distraction from the work we are contractually obliged to do. In compliance with GDPR clients and guests are photographed within the boundaries of GDPR legislation on the basis of legitimate interests.

The taking of photographs of wedding guests or those at an event when viewed as a form of processing personal data is necessary for the legitimate interests of Oehlers Photography as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests. Our lawful grounds for processing this data is to fulfil the work we are paid for and contracted to complete on our clients behalf.

Image usage is necessary in order to grow and promote our photography business. If we could not show our images we would have no photography business. Within the boundaries of GDPR legislation and on the basis of legitimate interests we may display any photograph/s to promote Oehlers Photography on this website and its blog, on social media, in advertising, brochures, magazine articles and other printed material. The rights of the people captured in these photographs are protected by Oehlers Photography as detailed in this privacy policy. Our lawful ground for this processing is legitimate interests which is to grow our business.

Clients are asked to instruct all their wedding / event guests to read this privacy policy and contact us in advance of the event by email [email protected] or telephone 07817657041 to raise their concerns over the recording of their personal data i.e. their appearance in photographs.

1. SOCIAL MEDIA.

Oehlers Photography uses Social Media platforms responsibly. We have official profiles on social media platforms e.g. Facebook and Instagram and users are advised to authenticate our profiles before engaging with or contributing to our profiles. Oehlers Photography will never ask for your personal details on social media platforms. Users are advised to contact us through this website or our email [email protected] rather

than through our social media profiles whose security we have no control over.

1. THIRD-PARTY LINKS.

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections 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. When you leave our website, we encourage you to read the privacy notice of every website you visit.

1. YOUR LEGAL RIGHTS.

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at [email protected]

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 or refuse to comply with your request in these circumstances.

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.

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.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO),

the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

COOKIE POLICY

• What’s a cookie?

A cookie is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.

• How do we use cookies?

We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.

Cookies are either:

Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or

Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics

Cookies can also be categorised as follows:

Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.

Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.

Cookies are used by nearly all websites and do not harm your system. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies . However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.