1. WHO I AM
I am Bailey Lamburn, photographer and owner of Offspring Photography, Wellesbourne, Warwickshire. I am the data controller responsible for your personal data. My website address is: https://www.offspringphotography.co.uk.
2. WHAT I COLLECT
I collect the following information from you:
- 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 me.
- Payment Information: Information about your debit/credit card and bank account information provided by you to my payment service providers, that I require for the purpose of processing payment for my goods and services.
- Other Information: Personal details you choose to give when corresponding with me by phone or e-mail.
3. HOW I USE YOUR PERSONAL INFORMATION
I use your personal information in the following ways:
- to provide you with my 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 I.
- As necessary for certain legitimate business interests, which include the following: where I am asked to deal with any enquiries or complaints you make; to provide postal communications which I think will be of interest to you; if you ask me to delete your data or to be removed from my marketing lists and I am 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 my operations; (c) protect my rights, safety or property, and/or that of my affiliated businesses, you or others; and (d) enforce or defend legal rights, or prevent damage.
- On the basis of your consent, I may use your photographs to promote and advertise my business, including (a) in my printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on my website and other digital advertising of my services; and (c) in social media forums such as Instagram, Pinterest and Facebook. You may revoke your consent at any time with effect for the future. Please note that the revocation only takes effect in the future.
- I may provide you with information about goods or services, events and other promotions I feel may interest you. I will contact you by email only with your consent, if this was given at the time you provided us with the personal data.
- I may use your personal data for other purposes which you have consented to at the time of providing your data.
4. DISCLOSURE OF YOUR INFORMATION
I share your personal data with third parties in the following situations:
- Service Providers: I sometimes engage selected third parties who act on my behalf to support my 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 me to provide my goods/services, and (iii) providers of specialist services, including printers and framers (iv) delivery companies. Pursuant to my instructions, these parties may access, process or store your personal data in the course of performing their duties to me and solely in order to perform the services I have hired them to provide.
- Business Transfers: if I sell my business or my company assets are acquired by a third party personal data held by me about our customers may be one of the transferred assets.
- Administrative and Legal Reasons: if I 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 my Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect me, my 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 my third party payment providers and the payment data you submit will be securely stored and encrypted by my payment service providers using up to date industry standards. Please note that I do not directly process or store the debit/credit card data that you submit.
I store and use this card or payment information for the purpose of processing any future payments that you make for additional goods and services. I will store this data in accordance with my legal obligations under applicable law and only for so long as legally permitted.
You may choose to opt out of me holding your card or payment data although this means that you will need to re-supply me 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 my 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 I transfer your personal data to countries outside of the EEA I will take all steps to ensure that your personal data continue to be protected. I will implement appropriate safeguards for the transfer of personal data to my service providers in accordance with the applicable law, such as relying on my 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 I implement, including copies of relevant data transfer contracts, please contact me as indicated below.
7. DATA RETENTION
If you leave a comment on my website, the comment and its metadata are retained indefinitely. This is so I can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
When you consent to receive marketing communications, I will keep your data until you unsubscribe. Upon expiry of the applicable retention period I will securely destroy your personal data in accordance with applicable laws and regulations.
8. YOUR DATA PROTECTION RIGHTS
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
- Right of access: If you ask me, I will confirm whether I am processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, I may need to charge a reasonable fee.
- Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that I correct or complete it. If I shared your personal data with others, I will tell them about the correction where possible. If you ask me, and where possible and lawful to do so, I will also tell you with whom I shared your personal data so you can contact them directly.
- Right to restrict processing: You may ask me 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 me processing it. I will tell you before I lift any restriction on processing. If I shared your personal data with others, I will tell them about the restriction where possible. If you ask me, and where possible and lawful to do so, I will also tell you with whom I shared your personal data so you can contact them directly.
- Right to object: You may ask me at any time to stop processing your personal data, and I will do so: If I am relying on a legitimate interest to process your personal data – unless I demonstrate compelling legitimate grounds for the processing or If I am processing your personal data for direct marketing.
- Right to withdraw consent: If I 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 I 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 my privacy practices, including the way I 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 me as described in the “Contact” section below. I may also need to ask you for further information to verify your identity before I can respond to any request.
Last updated: 6 June 2021