The policy: This privacy policy is for this website – www.sophieduckworthphotography.com – and governs the privacy of its visitors. It explains how we comply with the EU’s GDPR (General Data Protection Regulation) legislation and the DPA (Data Protection Act). This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR and DPA are adhered to.
THE DPA & GDPR MAY 2018
This website complies with the DPA (Data Protection Act 1998) and the GDPR (General Data Protection Regulation), effective from May 2018.
CONTACTING US
This website, www.sophieduckworthphotography.com, collects private user data using the contact form which generates emails sent to sophie@sophieduckworthphotography.co.uk. The data from these forms is emailed to the address listed above and also stored on the website server, in most cases dating back to when each form was created. The website server is accessible by the website administrators for www.sophieduckworthphotography.com at ProPhoto. ProPhoto never accesses or shares this data other than by request from Sophie Duckworth. By completing this contact form you agree to Sophie Duckworth contacting you about Sophie Duckworth Photography’s photography services. Your contact information will be recorded and retained in a customer management system (CMS) and kept securely online in accordance with their privacy policy. You will not be added to any mailing lists and will only be contacted by Sophie Duckworth personally in relation to your enquiry. Your personal details will not be used for any marketing purposes nor will they be passed onto any third parties. They will be stored in the email generated by this contact form which will be filed in the email account for Sophie Duckworth Photography which is hosted by Gmail and which can only be accessed by Sophie Duckworth. If you wish to request for any email(s) containing your personal information to be deleted, please email sophie@sophieduckworthphotography.co.uk.
EMAIL MARKETING
Email marketing messages sent after a visitor has supplied their contact information and specifically requested / consented to being added to the email mailing list may contain tracking beacons / tracked clickable links or similar server technologies in order to track reader activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
CLIENT GALLERIES
Sophie Duckworth Photography creates a client gallery for each client to whom photos are delivered as part of the services contracted. Sophie Duckworth Photography’s client galleries are externally hosted by Pixieset. Their privacy policy can be found here. To visit a Sophie Duckworth Photography client gallery you may be required to enter your first name and email address. This personal data (email address) will be stored within Pixieset’s system, on their servers and will be used to email you only with information relevant to the client gallery you have accessed. Any such emails sent to you will only be during the 12 month period for which the gallery is live.
Only Sophie Duckworth will have access to your personal data (email address) stored on Pixieset’s system on behalf of Sophie Duckworth Photography. It will only be used as detailed above, will not be used for any other marketing purposes and will not be passed onto any third parties. Pixieset’s technical support team will have the means to access to your personal data (email address) but will never access or share this data other than by request from Sophie Duckworth. If you wish to request for your personal data (email address) to be deleted from Pixieset’s servers, please email sophie@sophieduckworthphotography.co.uk.
EXTERNAL WEBSITE LINKS & THIRD PARTIES
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note that they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
CLIENT DATA HELD ON FILE
We take care over the processes around looking after personal data stored on our physical systems. Sophie Duckworth Photography holds the following personal data of clients:
i) Names
ii) Addresses (including email addresses)
iii) Phone numbers
within soft copy and sometimes hard copy contracts as well as soft copy client ‘day plan’ documents. Soft copy contracts and day plans are safely stored within my password protected home office iMac and backed up to two encrypted external hard drives. Hard copy contracts are filed in my secure home office. Client photos are safely stored within my password protected home office iMac and backed up to two encrypted external hard drives.
CLIENTS CAPTURED IN PHOTOS
Under GDPR legislation, a photograph may in some instances constitute a form of personal data where they can be processed to allow “the unique identification or authentication of a natural person”. Sophie Duckworth Photography will never photograph an individual as a means of unique identification or authentication unless consensually contracted to do so. Guests/attendees at events appear in photos taken by Sophie Duckworth Photography as a part of the visual recording of the event in photos. Guests/attendees captured in portraits or in group photos do so as part of the event and their rights are protected by Sophie Duckworth Photography as detailed in this privacy policy.
In terms of explicit GDPR compliance, clients and guests/attendees are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’. The taking of photographs of guests/attendees when viewed as a form of processing personal data is necessary for the legitimate interests of Sophie Duckworth Photography as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.
Operating within the parameters of legitimate interests as laid out in GDPR legislation, the disproportionate effort involved in providing privacy policy information to all event guests at the event and the degree to which it would distract us from performing our job renders it infeasible to do. Clients are therefore requested to direct their guests/attendees to read this privacy policy in advance of the event and to advise them to contact us in advance with any concerns around the processing of their personal data, namely being photographed.
SOCIAL MEDIA POLICY & USAGE
We adopt a safe and responsible social media policy. While we may have official profiles on social media platforms, users are advised to verify the authenticity of such profiles before engaging with, or sharing information with, such profiles. We will never ask for personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
DISPLAY OF IMAGES
We may display any photographs to promote Sophie Duckworth Photography on the Sophie Duckworth Photography website and blog, on social media, on 3rd party blogs, on photography related websites, in exhibitions, in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to Sophie Duckworth Photography’s client(s). The rights of the people captured in these photographs are protected by Sophie Duckworth Photography as detailed in this privacy policy.
Payment Arrangements
If cancellation is made by the client, as compensation for loss of income to the
photographer, the following charges apply as a percentage of the balance due. 120 days or less (before the wedding date) - 100%, 121-150 days - 75%, 151-180 days - 50%. All cancellations must be in writing. The cancellation conditions above will apply for postponed weddings if the photographer is not able to reschedule for the new date and time. Postponed weddings will be subject to a charge of up to 25% of the total contracted fee. Any additional payments for albums and other services are to be made when that order is placed. Album packages are made in the agreement that the clients will select their images for the album within one year of the date of the wedding. Prices for orders placed over one year after the date of the wedding may be subject to change. The entire copyright in the photographs is retained by the photographer at all times throughout the world. The photographs provided to the clients as part of their wedding collection, may be printed, and displayed online, for personal but not commercial use.
Model Release
The clients grant the photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the clients for editorial, competition, advertising and in any manner, to alter the photographs without restriction; and to copyright the images. This includes submission to online and printed publishers, for example wedding blogs and magazines. The clients hereby release the photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images. However, this is subject to the client’s approval, to be requested in writing for each/every individual usage.
Image Size, Colour, Style and Composition
All image sizes are approximate. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.
Attendance
In the unlikely event of the photographer having to cancel the contract, due to illness/injury the client is entitled to either:
(a) a full refund of the fee; or
(b) request that the photographer appoint another photographer to attend on her behalf to undertake the photography. Due to the commitment to weddings at the weekends, engagement/pre-wedding shoots (sold at an additional cost, unless otherwise stated) are usually arranged Monday to Thursday. The location of the engagement/pre-wedding portrait shoot is within 30 miles of Cobham, Surrey. Otherwise, a charge may apply.
Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.