PRIVACY POLICY – Heline Bekker Photography

PRIVACY POLICY

Privacy Promise

Data protection is of a particularly high priority for Heline Bekker Photography. The use of the Heline Bekker Photography website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website (booking a shoot), processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

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 the country-specific data protection regulations applicable to Heline Bekker Photography (United Kingdom). By means of this data protection declaration, our enterprise would like to inform the general public 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.

As the controller, Heline Bekker Photography has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

Controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Heline Bekker, Photographer at Heline Bekker Photography

1. Collection of general data and information

The website of Heline Bekker 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. This may be collected by (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, Heline Bekker 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) optimize 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, Heline Bekker Photography analyses 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.

 

2. Contact possibility via the website

The Heline Bekker Photography website contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes 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.

3. Comments function in the blog on the website

Heline Bekker Photography offers 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 defence of the data controller.

4. What information is being collected?

4.1 – I collect a variety of information before, during and after you book with Heline Bekker Photography and use any of my services. This includes:
• Names, Addresses and Contact Information of the person(s) placing an order with us.
• Names, Addresses and Contact Information of the person(s) using my services.
• Names (and in some cases ages and gender) of all participants of a photo shoot.
• Details and notes taken throughout a photo session or service provided to help us remember conversations during and details of my session.
4.2 – If you E-Mail me or send me messages via social media, these messages are stored within my email system or social media accounts. These messages are stored for as long as practicable to allow us to provide you with better future services.

5. Who is collecting the data?

5.1 – This data is being collected by Heline Bekker Photography. I use a password protected data management software to hold my data.

6. How is it being collected?

6.1 – The majority of my data is collected directly from you. Whether you fill out a form for us online, or tell us face to face, via the telephone, via e-mail or message.
6.2 – In some cases, data may be given to us by a third party. This includes if somebody purchases a voucher for you – they will usually give me your name and details to allow me to process their order, and provide my service to you.

7. Why is it being collected?

7.1 – Most of the data I collect is solely for the purpose of providing you with a service you have ordered, or had ordered for you.
7.2 – Some of the data I collect is to help provide you with a better customer service experience
7.3 – I are required by law to collect and store certain information relating to any order you place with us.

8. How will it be used?

8.1 – Data I collect will be used by Heline Bekker Photography to enable me to provide my services and products to you.
8.2 – Contact data (e-mail addresses) may be used to send you direct offers from Heline Bekker Photography about upcoming promotions or newsletters. These can be unsubscribed from at any time.
8.3 – Heline Bekker Photography may internally analyse data for business and forecast purposes.

9. Who will it be shared with?

9.1 – I take your privacy very seriously. I do not sell your data to third party organisations. There are a few scenarios where some of your data may be shared with third parties to allow us to provide my services to you. These include:

 

  • Delivery and Postage Service Providers to allow us to send you documentation and orders you have placed. (Information shared includes Name, Address and in some case e-mail address / mobile number)
  • Manufacturers (my printing labs) if I are sending an order directly to you from a lab. (Information shared includes Name, Address and in some case e-mail address / mobile number)
  • Zenfolio – This is the company that stores my digital files online. (Information shared includes Name, Address and e-mail address)
  • Google Drive – This is where I store my contracts and invoices. (Information shared includes Name, Address, e-mail address and phone number)
  • JotForm – This is the service I use for my bookings.
  • Law Enforcement and Legal Requirements – I will provide data to law enforcement agencies if issued with a court order to do so.

10. How will this affect you?

10.1 – I collect, store and process your data in such a way that should have no negative effect on you as an individual.

11. How long is the data stored?

11.1 – Most data I collect is stored indefinitely. This is too allow me to provide a better service to you as a customer in the event that you contact us again in the future.
11.2 – I are legally obliged to store some data for a minimum amount of time, for example sale order records, payment records etc.

12. Access to stored data

12.1 – If you have any questions about data I hold about you, please feel free to contact me. I’ll as try to help you directly.
12.2 – You may request a copy of any data I store about you – and I will comply with any requests as per the guidance of the Information Commissioner’s Office.

13. More information

13.1 – If you would like any clarification on how I collect, store or process your data – please contact us directly.
13.2 – If you would like further information on the legal guidelines I operate within, or have any concerns about how I use your data, please check the ICO’s website at https://ico.org.uk

14. My Details

14.1 – This business is owned and operated by Heline Bekker trading as Heline Bekker Photography.
14.2 – My principal contact for business is: heline@helinebekker.co.uk

 

15. Routine erasure and blocking of personal data

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.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

16. Rights of the data subject

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 any employee of the controller.

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;
  • 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 the Heline Bekker Photography, he or she may, at any time, contact any employee of the controller. An employee of Heline Bekker 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 employees of the Heline Bekker 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 Heline Bekker Photography, he or she may at any time contact any employee of the controller. The employee of the Heline Bekker 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 any employee of the Heline Bekker 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.

The Heline Bekker 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 Heline Bekker 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 the Heline Bekker Photography to the processing for direct marketing purposes, the Heline Bekker 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 the Heline Bekker 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 any employee of the Heline Bekker 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) Automated individual decision-making, including 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, the Heline Bekker 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 the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Heline Bekker Photography.

i) 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.

The data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Heline Bekker Photography.

 

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