Privacy Policy

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 Gemma Brunton Photography, Watersmeet Road, Salisbury, Wiltshire, SP2 8JH, United Kingdom. We are the data controller responsible for your personal data.
 

2. WHAT DO WE COLLECT

We collect and process the following information provided by you in the course of your initial enquiry and the formation, operation and conclusion of our contract for photography services:

• 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.

• Payment Information: Information about your debit/credit card and bank account information provided by you to our payment service providers, that we require for the purpose of processing payment for our goods and services.

• 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.

Personal data will be processed in order to perform our contract with you, fulfil legal obligations and for legitimate interests, as described below.
 

3. 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 reasons compatible with the purposes of the data processing outlined in this Privacy Policy. There may be other occasions where personal data is processed for unrelated purposes which will be explained at that time upon notice to you. If required, we will ask for your consent to any such further processing.
 

As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business and fulfilling our obligations under our contract with you. This Privacy Notice describes when we process personal data for those legitimate interests, what these interests are and your rights. 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).
 

You acknowledge and agree that where provision of personal data is necessary to ensure compliance with legal obligations or to perform our contract with you, failure to provide relevant personal data for the above mentioned purposes may prevent us providing our goods and services to you.
 

4. 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 (see the section below headed “Payment Information”), (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.
   

5. 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.

 

6. 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.

 

7. DATA RETENTION

Personal data will not be held for longer than necessary with regard to the purposes of the data processing outlined in this Privacy Policy, subject to any retention periods provided by applicable laws and regulations. We apply criteria to determine the appropriate periods for retaining personal data depending on its purpose, nature, and sensitivity and any retention periods provided by applicable laws and regulations. For example, we retain your personal data for 10 years after your photography session and we retain digital files of your photographs for 25 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.
 

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8. YOUR DATA PROTECTION RIGHTS

Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, 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. 

• 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.

• 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. 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.

• 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 on grounds relating to your particular situation, 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.

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9. WEBSITE DATA USAGE

 

9.1 Cookies

The Internet pages of Gemma Brunton Photography use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.

Through the use of cookies, Gemma Brunton Photography can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

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9.2 Collection of general data and information

The website of Gemma Brunton Photography collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Gemma Brunton Photography does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Gemma Brunton Photography analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Gemma Brunton Photography uses an externally hosted third party to manage and administer the data gathered about the data subject, which in turn is fully compliant with GDPR guidelines.

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9.3 Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

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9.4 Subscription to our newsletters

On the website of Gemma Brunton Photography, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

Gemma Brunton Photography informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorised to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

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9.5 Newsletter-Tracking

The newsletter of Gemma Brunton Photography may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Gemma Brunton Photography may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimise the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Gemma Brunton Photography automatically regards a withdrawal from the receipt of the newsletter as a revocation.

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9.6 Contact possibility via the website

The website of Gemma Brunton Photography contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

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9.7 Comments function in the blog on the website

Gemma Brunton Photography may offer users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

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9.8 Subscription to comments in the blog on the website

The comments made in the blog of Gemma Brunton Photography may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favour of this option. The option to subscribe to comments may be terminated at any time.

 

10. CONTACT

Questions, comments or requests regarding this Privacy Policy should be addressed to photos@gemmabrunton.co.uk