Kate Curry Photography - General Privacy Policy - Kate Curry Photography

KATE CURRY PHOTOGRAPHY - GENERAL PRIVACY POLICY

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with Scottish data protection regulations applicable to the Kate Curry Photography. By means of this data protection declaration, our enterprise would like to inform you of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. 

1. Definitions

Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use the following terms:

a. ‘We’, ‘us’ and ‘our’

References to ‘we’, ‘us’ or ‘our’ in this privacy policy are references to Kate Dunn trading as Kate Curry Photography.

b. Personal data or ‘data’

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

c. Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

d. Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

e. ‘Photos’

The services we provide shall be documenting by way of photographs a photography session at your home or the venue of your choice. The term ‘Photos’ refers to the photos that are produced by this service.

f. Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

g. Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's economic situation, personal preferences, interests, reliability, behaviour, location or movements.

h. Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person who determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

i. Data Processor

A data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

j. Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

k. Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and contact details of the controller

Kate Curry Photography is the controller for the personal information we process, unless otherwise stated. You can contact us in the following ways:

Email: katecurryphotography-info@yahoo.co.uk

Website: www.katecurryphotography.co.uk

Facebook Messenger: via our Facebook Business Page www.facebook.com/KateCurryPhotography

3. Data storage

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. No specific lengths of time have been set.

4. Your rights as an individual

a. Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact Kate Curry Photography.

b. Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;

• the categories of personal data concerned;

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations (which are also listed in this policy);

• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

• the existence of the right to lodge a complaint with a supervisory authority;

• where the personal data are not collected from the data subject, any available information as to their source;

• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c. Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d. Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

• The personal data have been unlawfully processed.

• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Kate Curry Photography, he or she may, at any time, contact Kate Dunn. Kate Curry Photography shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the Kate Curry Photography will arrange the necessary measures in individual cases.

e. Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Kate Curry Photography, he or she may at any time contact any employee of the controller. The employee of the Kate Curry Photography will arrange the restriction of the processing.

f. Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact Kate Curry Photography.

g. Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. Kate Curry Photography shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If Kate Curry Photography processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. If the data subject objects to Kate Curry Photography to the processing for direct marketing purposes, Kate Curry Photography will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Kate Curry Photography for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of Kate Curry Photography. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications. h. Right to withdraw data processing consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Kate Curry Photography.

5. Sharing your information

We will not share your information with any third parties for the purposes of direct marketing. We use data processors who are third parties who provide elements of services for us (see 9. and 10. for further info.) We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely. In some circumstances we are legally obliged to share information, for example, with HMRC. In any scenario, we’ll satisfy ourselves that we have a lawful basis on which to share the information and document our decision making.

6. How you can contact us

When you contact us the legal basis for processing your data is ‘contractual’. The processing of operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services is based on Article 6(1) lit. b GDPR.

a. Calling/texting us

When you call or text me my phone provider is EE. As with any phone call/text message they will of course see on their records the phone number that you are calling from and other details (if it’s not withheld). Kate Curry Photography may hold a log of your number, name and any details we discuss. I do not audio-record calls, but I might take notes. This information is held alongside the details of any jobs that may arise from the conversation. We may also use the number to call you back if you have asked us to do so, if your call drops, or if there is a problem with the line.

b. Social media

You can contact us through several social media sites (for full list see k.(V) below) We may hold a log of your details e.g. name and any jobs we discuss. This information is held alongside the details of any jobs that may arise from the communications.

c. Emailing us

We use Yahoo mail, who will, as per any email provider, also hold a copy of your email. Yahoo is an American company owned by Oath who are covered by the EU-US Privacy Shield We may hold a log of your details e.g. name, email address and any jobs we discuss. This information is held alongside the details of any jobs that may arise from the communications.

d. Website (www.katecurryphotography.co.uk)

If you contact us via the website the full privacy policy for the website is here. The website is provided by SmugMug. SmugMug is an American company who are GDPR complaint. My webserver is GoDaddy.

e. Findr

Findr is an online photography agency. If you contact me or book me through Findr they will also hold your details e.g. for payment or to pass the information on to me. We may hold a log of your details e.g. name and any jobs we discuss. This information is held alongside the details of any jobs that may arise from the communications.

10. Further use of your data

a. Online Form, contract and payment

I. Purpose and legal basis for processing

If you wish to take up our services we will send you a link to an online form, contract and payment. The legal basis used to process this data is contractual. The processing is based on Article 6(1) lit. b GDPR. Your personal data will only be used to administer your account and to provide the products and services you have requested. The provision of this personal information is necessary for the completion of the services involved in this contract, which can’t be provided without it. It is also required by law for HMRC and contractual law purposes. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.

II. What we need

We ask you for your name, address, telephone number and email address for contact purposes. We will also ask for further details on the photography job. We also ask for the names of people taking part in the shoot, their relationship and their age (if under 18). This information is also solely used for the completion of the job and to be able to plan ahead for the shoot. Age is important so we know which props to bring for different aged babies/children.

III. What we do with it

We will not share your information with any third parties aside from our data processors (see below). These are third parties who provide elements of services for us. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely.

IV. What are your rights?

For more information on your rights, please see ‘4. Your rights as an individual’

V. Do we use any data processors?

Yes. Online forms are provided by Jotform or Cognito. Cognito is an American company who is GDPR compliant. The payment system to take card payments online is called Stripe/Bank of Scotland. Stripe is an American company who are covered by the EU-US Privacy Shield.

b. Marketing

I. Purpose and legal basis for processing

Each client is asked whether they wish to consent to receiving direct marketing from Kate Curry Photography in the future. These communications provide information about our services and special offers. The legal basis we rely on for processing your personal data for this purpose is your consent under article 6(1)(a) of the GDPR.

II. What we need

Your name, email address and/or address, taken from the online form you fill in when you are asked whether you consent. I

III. What we do with it

We only use your details to provide the service and they will not be shared with any third parties for direct marketing. IV. How long we keep it For as long as you require the service. V. What are your rights? We rely on your consent to process the personal data you provide to us for marketing purposes. This means you have the right to withdraw your consent, or to object to the processing of your personal data for this purpose at any time. If you do that, we’ll update our records immediately to reflect your wishes. For more information on your rights, please see ‘4. Your rights as an individual’.

VI. Do we use any data processors?

Yes, we use Yahoo mail, who will, as per any email provider, also hold a copy of your email. Yahoo is an American company owned by Oath who are covered by the EU-US Privacy Shield

c. Delivery of the photos

The services we provide shall be documenting by way of photographs a photography session at your home or the venue of your choice.

I. Purpose and legal basis for processing

Under GDPR photos are now classed as data. The legal basis used to process this data is contractual. The processing is based on Article 6(1) lit. b GDPR.

II. What we do with them

After your session your images will be professionally edited and then uploaded to a password protected online gallery and a link will be sent to you. We will keep copies of photos for a minimum of six months on a computer and back up drive. Your photos will only be used to administer your account and to provide the products and services you have requested, unless you provide consent to do otherwise (see d.) If you request your photos to be printed through Kate Curry Photography they are sent to a printers. On occasion the printers will send them directly to you by mail. In this occasion you enter into a contract with them, and will be subject to their own privacy policy. Some items are fulfilled by Kate Curry Photography. This means that we directly liaise with the printers on your behalf and are responsible for safe delivery afterwards, either by mail or hand delivery. On occasion it will be delivered by post and we will discuss with you any further safeguards you require prior to sending.

III. What are your rights?

For more information on your rights, please see ‘5. Your rights as an individual’

IV. Do we use any data processors?

Yes, Pixieset is the online gallery used to deliver photos. Pixieset is a Canadian company. Canada is recognised by the EEA adequacy finding. Loxley produce our photos, albums and wall art.

d. Consent for use of photos by Kate Curry Photography

I. Purpose and legal basis for processing

Under GDPR photos are now classed as data. The legal basis used to process this data is consent. We ask you prior to the photo shoot whether you will consent to your photos being used afterwards by us. Usually this question is on the online form you complete when booking. Giving consent allows us to showcase our work in doing so find new clients. Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

II. What we do with it

Granular consent is offered providing you options over how we use your photos. What we do with the photos is based on what you consent to. In doing so it may be shared with the organisations listed below.

III. How long we keep it

The different organisations listed below will have different conditions for use, and different lengths of time that the photos will remain viewable for. In general they will be available to view during the lifetime of that platform, unless consent is withdrawn. This is the case for my website.

IV. What are your rights?

We rely on your consent to process the personal data. This means you have the right to withdraw your consent, or to object to the processing of your personal data for this purpose at any time. If you do that, we’ll update our records immediately to reflect your wishes. For more information on your rights, please see ‘4. Your rights as an individual’.

V. Data processors

Facebook, LinkedIn, Twitter, Pinterest are the social media sites used. We use a third-party provider, Hootsuite, to manage our social-media interactions. The website host for our website and blog is SmugMug. My web server is GoDaddy. Online portfolios are Findr, a Google business page, Flickr and Netmums. Printing of business cards and flyers is done by Vistaprint and Moo. I have yet to produce adverts, articles or sell photos, so have no current data processors in this regard. The table below shows non-EEA organisations (so data is transferred outside of the EEA) and their safeguards for transfers of personal data:


Company Name      Safeguard

Facebook                  EU-US Privacy Shield

LinkedIn                    EU-US Privacy Shield

Twitter                       EU-US Privacy Shield

Pinterest                    https://policy.pinterest.com/en/privacy-policy

SmugMug                 GDPR compliant

Google                       EU-US Privacy Shield

Flickr                          Owned by SmugMug who is GDPR compliant


11. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

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