Privacy Policy

Ean Flanders Photography is committed to safeguarding and preserving the privacy of our visitors and clients. This privacy policy explains what happens to any personal data that you provide to us in the operation of our business, or that we collect from you whilst you visit our site. 

Ean Flanders Photography is owned and operated by myself, Ian Flanders out of my studio in Liverpool. I provide photographic services throughout England and Wales to meet a range of clients, mainly in the areas of Portraiture, PR, Events,The Arts and Publication. I can be contacted on 07870234473, [email protected]

This privacy policy is for the website www.eanflandersphotography.com and governs the privacy of its visitors and clients as well as the business of Ean Flanders Photography. It explains how I comply with the EU's GDPR legislation and the DPA.

 

  1. COLLECTING YOUR DATA

Ean Flanders Photography will only collect Data that is given to us by you or agents acting on your behalf. Ean Flanders Photography may collect your Data in a number of ways, for example: When you contact us through the Website, by telephone, post, e-mail or through any other means and when you use our services, in each case, in accordance with this privacy policy.

Data collected through this website is via the contact page. The form collects name, email address and message. Enquires sent using the form are sent to [email protected] which is an email address hosted by Zenfolio. The account is secured using two factor authentication and by using the contact form you agree that Ean Flanders Photography can contact you in relation to your enquiry.

This website is hosted by Zenfolio and their privacy policy can be found here. https://zenfolio.com/privacypolicy/

OUR USE OF YOUR DATA

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons: internal record keeping, improvement of our products and services, transmission by email of marketing materials that may be of interest to you and contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the website, in each case, in accordance with this privacy policy.

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).

BUSINESS DATA

I hold the minimum of business data necessary to operate the business and care is taken to ensure that this data is treated securely. All data is stored electronically and dependent upon the type of booking may include:

Emails and contact information - Emails and contacts are stored electronically across password protected devices and hosted by Zenfolio.

Accounting information- invoices, estimates, and statements are secured electronically and password protected

Media - All content shot in undertaking a commission is stored and catalogued by filename based on date and content, on a password protected desktop computer, laptop and external drive. Clients may at their request, receive a link to file sharing services such as Dropbox, WeTransfer, Mega or BOX where content is required to be shared by the client.

Metadata - Where required images are stored with embedded information in the form of a generic caption describing the occasion. Names of the subject are included in the metadata where relevant and in gathering such information, consent is agreed. The metadata remains within the file and travels with the image if it is passed to further locations.

Consent Forms - Consent forms are provided by the commissioning agent and describe the intent for the images use. Such forms would require name, address, age and contact details. Forms are either passed to the commissioning agent on site or digitally scanned, shared with the agents' digital controller and then shredded.

EVENTS AND LEGITIMATE INTEREST

Guests at events may appear in images taken by Ean Flanders Photography as part of the recording of the event. In such instances attendees are photographed within GDPR 'legitimate interests' guidelines. The taking of photographs when viewed as a form of processing personal data is necessary for the legitimate interest of the photography business, unless there is a good reason to protect an individual's personal data which supersedes the legitimate interest claim. Clients are requested where possible to minimise any potential risk by making clear that photography will be taking place, either verbally of visually, thereby allowing attendees the opportunity of making it known that they do not wish to be photographed.

THIRD PARTIES

In the day to day operation of the business Ean Flanders Photography may use third party services, such as those listed below, with their respective GDPR policies:

Dropbox - https://www.dropbox.com/en_GB/security/GDPR

Zenfolio - https://zenfolio.com/privacy/

WeTransfer - https://wetransfer.zendesk.com/hc/en-us/categories/201270873-Security-Privacy

  1. YOUR RIGHTS

The GDPR provides the following rights for individuals.

  1. The right to be informed

Each data subject shall have the right granted by the European legislator to obtain from the Ean Flanders Photography 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 Ean Flanders Photography

  1. The 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;
  • 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 Ean Flanders Photography 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.

  1. The 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.

  1. The right to erasure (The right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from Ean Flanders Photography erasure of personal data concerning him or her without undue delay, and Ean Flanders Photography 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 Ean Flanders  Photography, he or she may, at any time, contact him. Ean Flanders Photography shall promptly ensure that the erasure request is complied with immediately.

Where Ean Flanders Photography 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 employees of the Joanna Cleeve Photography will arrange the necessary measures in individual cases.

  1. The right to restrict 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 Ean Flanders Photography, he or she may at any time contact any employee of the controller. The employee of the Ean Flanders Photography will arrange the restriction of the processing.

  1. The 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 Ean Flanders Photography, 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 Ean Flanders Photography.

  1. The 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.

Ean Flanders 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 Ean Flanders 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. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Ean Flanders Photography to the processing for direct marketing purposes, Ean Flanders 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 Ean Flanders Photography for scientific or historical research purposes, or 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 Ean Flanders 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.

  1. Rights in relation to automated decision making and profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Ean Flanders Photography shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If you wish to exercise your rights you can contact [email protected] or at Ean Flanders Photography 28 Addingham Road, Liverpool, Merseyside L18 2EW

  1. Right to withdraw data protection 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 Ean Flanders Photography.

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR.   The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company 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. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

  1. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

  1. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

  1. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

INFORMATION COMMISSIONER'S OFFICE (ICO)

You have the right to lo age a complaint about our handling of your personal data with the supervisory authority, which in the UK is the Information Commissioner's Office. You can contact the ICO on 0303 1231113

  

 

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