Dated October 2018
1. Introduction
1.1 I am committed to safeguarding the privacy of my website visitors and service users.
1.2 This policy applies where I am acting as a data controller with respect to the personal data of my website visitors and service users; in other words, where I determine the purposes and means of the processing of that personal data.
1.3 I use cookies on my website. Insofar as those cookies are not strictly necessary for the provision of my website and services, I will ask you to consent to my use of cookies when you first visit my website.
1.4 In this policy, “I”, “me” and “my” refer to Andy Wasley Photography of 3 Oak Walk, Wallington, Surrey, SM6 7DE. For more information about me, see Section 17.
2. How I use your personal data
2.1 In this Section 2 I have set out:
(a) the general categories of personal data that I may process;
(b) in the case of personal data that I did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which I may process personal data; and
(d) the legal bases of the processing.
2.2 I may process data about your use of my website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is my legitimate interests, namely monitoring and improving my website and services.
2.3 I may process your account data (“account data”). The account data may include your name and email address, where obtained with your consent. The account data may be processed for the purposes of operating my website, providing my services, ensuring the security of my website and services, maintaining back-ups of my databases and communicating with you. The legal basis for this processing is your consent.
2.4 I may process your personal data that are provided in the course of the use of my services (“service data”). The service data may include details of your name, postal address, place of work and the value and status of any contracts you hold with me; it may also include photographic images and moving video of you where you can be identified through metadata, including captions and titles, subject to any other written agreement you have with me. The source of the service data is you. The service data may be processed for the purposes of operating my website, providing my services, ensuring the security of my website and services, maintaining back-ups of my databases and communicating with you. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business, OR the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract.
2.5 I may process information that you post for publication on my website or through my services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering my website and services. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business, and/or the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract.
2.6 I may process information contained in any enquiry you submit to me regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your consent to, which is inferred from your enquiry to me.
2.7 I may process information relating to my customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between me and you or your employer, details of any payments made by or to you, and the value and status of any contracts you have with me. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing my relationships with customers, communicating with customers, keeping records of those communications and promoting my products and services to customers. The legal basis for this processing is consent and/or my legitimate interests, namely the proper management of my customer relationships.
2.8 I may process information relating to transactions, including purchases of goods and services, that you enter into with me and/or through my website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract and my legitimate interests, namely the proper administration of my website and business.
2.9 I may process information that you provide to me for the purpose of subscribing to my email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent and/or the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract.
2.10 I may process information contained in or relating to any communication that you send to me (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. my website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business and communications with users.
2.11 I may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is my legitimate interests, namely the protection and assertion of my legal rights, your legal rights and the legal rights of others.
2.12 I may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is my legitimate interests, namely the proper protection of my business against risks.
2.13 In addition to the specific purposes for which I may process your personal data set out in this Section 2, I may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.
2.14 Please do not supply any other person’s personal data to me, unless I prompt you to do so.
3. Providing your personal data to others
3.1 I may disclose your personal data to my insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.2 Financial transactions relating to my website and services may be handled by my payment services providers, who will be identified to you before you complete any transaction with me. I will share transaction data with my payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at the payment providers’ own websites, details of which will be provided on request to andy@andywasley.com.
3.3 In addition to the specific disclosures of personal data set out in this Section 3, I may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person. I may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, I provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 You acknowledge that personal data that you submit for publication through my website or services may be available, via the internet, around the world. I cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 I will retain your personal data as follows:
(a) Account Data will be retained for a minimum period of one year following the date of the termination of your Account on this website, and for a maximum period of six years following that same date.
(b) Service Data will be retained for a minimum period of one year following the date at which you enter into a service agreement with me, and for a maximum period of six years following the date on which you tender payment for the final service I provide to you, if applicable. However, I will retain in perpetuity any photographs or videos made in the course of my providing the service to you, including metadata and captions that might identify you. I will remove such metadata and captions on request to andy@andywasley.com, any such delation taking place six years following the date on which you tender payment for the final service I provide for you, subject always to your right of erasure (see below). Any request for deletion of metadata or captions will not affect my exclusive right to process, exploit and sub-license images and videos to my clients, agents and assigns, subject always to the terms of any contract separately and lawfully entered in to between you and me.
(c) Enquiry Data will be retained for a minimum period of one year following the date of your enquiry to me, and for a maximum period of three years following that same date.
(d) Customer Relationship Data will be retained for a minimum period of one year following the date of your first enquiry to me, and for a maximum period of six years following the date on which you tender payment for the final service I provide to you.
(e) Transaction Data will be retained for a minimum period of one year following the date of your first enquiry to me, and for a maximum period of six years following the date on which you tender payment for the final service I provide to you.
(f) Notification Data will be retained for a minimum period of one year following the date of your consent, and for a maximum period of one year following the date on which you signify withdrawal of your consent.
(g) Correspondence Data will be retained for a minimum period of one year following the date of your first correspondence with me, and for a maximum period of six years following the date of your final correspondence with me.
5.4 In some cases it is not possible for me to specify in advance the periods for which your personal data will be retained. In such cases, I will determine the period of retention based on the following criteria:
(a) the period of retention of Usage Data will be determined based on the period of time for which such Data is of valuable and relevant use by me for the purposes of my protecting my legitimate interests, namely monitoring and improving my website and services.
(b) the period of retention of Publication Data will be determined based on the period of time for which such Data is of valuable and relevant use by me for the purposes of enabling such publication and administering my website and services.
5.5 Notwithstanding the other provisions of this Section 5, I may retain your personal data where such retention is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.