Privacy policy
1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors, service users, individual customers, and customer personnel.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
1.5 In this policy, "we", "us" and "our" refer to Heather Rose Duffy Photography. For more information about us, see Section 14.
2. Credit
2.1 This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/privacy-policy).
3. The personal data that we collect
3.1 In this Section 3 we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
3.2 We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you. If you contact us using a social media account, we will obtain elements of the contact data from the relevant social media account provider.
3.3 We may process information relating to transactions, including purchases of goods and/or services, that you enter with us and/or through our website ("transaction data"). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.
3.4 We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
3.5 We may process data about your use of our 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 our analytics tracking system.
3.6 We may process your personal data provided on your contract for any forms completed to complete your work. This will include your name, address, phone number, email, people who will be on your photoshoot if this isn't a wedding (some minors are included for family and pet) and any other personal information you provide. This will apply to all contracts (Wedding, Family, Pet, Events and sales). This may contain Some personal information of minors. This information is given at your consent and held by me. The source of this date is, Facebook, email, booking forms and consent forms and telephone.
3.7 Wedding and event personal data includes... Names, Address, contact numbers, email addresses, venue for event, costing for events.
3.8 Family and pet photoshoot personal data includes, person booking name, address, contact information including telephone number and email, names, ages of people/minors on the shoot. Name and breed of pet, along with any specific information in regards to the photoshoot that the photographer may need to know. In this case all people on photoshoots will also have to fill in a model release form for themselves and any minors on the photoshoot prior to the day. Please ensure that you have read and agree to data collection before signing your contract especially in the cases of giving the data of a minor and signing on their behalf.
3.9 Your information is held in both digital and paper forms to ensure that no data loss happens due to digital error. All information is stored safely by Heather Rose Duffy Photography.
4. Purposes of processing and legal bases
4.1 In this Section 4, we have set out the purposes for which we may process personal data and the legal bases of the processing.
4.2 Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter such a contract.
4.3 Publications - We may process your data (contract, consent forms and images) for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent and our legitimate interests, namely the publication of content in the ordinary course of our operations and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. We process your personal data from consent forms and contracts to ensure we have your consent to publish images while making sure you have the right to withdraw your consent.
4.4 Relationships and communications - We may process contact data, account data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely, to complete a contract with the customer and keep relationships with all parties.
4.5 Research and analysis - We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is our legitimate interests, namely supporting, improving services and business generally. For example, Facebook reviews are always read to improve the service that we provide to people.
4.6 Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.
4.7 Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.
4.8 Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
4.9 Legal claims - We may process your personal data where necessary to exercise or defend legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
4.10 Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject to protect your vital interests or the vital interests of another natural person.
5. Providing your personal data to others
5.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
5.2 Your personal data held in digital and paper copies on my server and in a secure location. All data is stored safely.
5.3 We may disclose specific personal data like a name or location, date or images to our suppliers or subcontractors insofar as reasonably necessary for completion of contract. For consent to the use of a name, the client will be asked for their consent in advance.
5.4 Financial transactions relating to our website and services may be handled by our payment services providers and relevant bank. We will share transaction data with our 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.
5.5 In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We 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.
5.6 Your personal information is only shared with third parties only when it is necessary. For example if it is for fulfilling a contract, legal reasons or accounting reasons. The accountant is provided with a copy of the invoice that is sent to you for payment and my bank statements. They may keep a paper or digital copy for their records of my accounts for the necessary time period that those accounts would be valid for (plus storage time) This has basic information on it like your name as read on the contract and address along with what you have ordered. (No other personnel names from your file including the name of any minor are included in this invoice.)
5.7 Some of your information e.g email and images may be used by myself on websites that I use as a tool to deliver your services. Without these sites I can not deliver some services. For example file sending through we transfer. See bellow section for information.
6. International transfers of your personal data
6.1 In this Section 6, we provide information about the circumstances in which your personal data may be transferred to countries outside the United Kingdom and the European Economic Area (EEA).
6.2 This Portfolio page is run by Adobe. Currently some of your basic personal data is collected via a contact form on my portfolio page. This page is run by adobe and this is the only form of data collected directly from them. The portfolio page is Heather Duffy (myportfolio.com). Along with this I use Adobe Acrobat to fill and sign any contracts or legal forms with the client. File location history could be kept in the memory of certain applications in adobe. This could include your name on the file. The company themselves are based in San Jose California. This data is only collected so that you can be contacted with any information regarding your enquiry and so that I can fulfil our business contract together. Their Privacy Policy can be found here at Adobe Privacy Centre . If this changes this will be updated.
6.3 Your images in cases of family/pet/couples and event photography are provided to view on Pixieset. Pixieset are based in Vancouver, British Columbia. After a client has viewed their gallery it is then deleted from this site. The only personal data shared with this site is your email as far as to send you an email for access to your gallery and your images. Their site has its own cookies. For more information, their privacy policy can be found at Pixieset - Privacy.
6.4 I send your images in a file sent on we transfer. We transfer is based in the Netherlands.
the personal data used with we transfer is your email for the purpose of sending you a download link for your images and your images themselves. After one week the email expires. Their policy and responsible disclosure policy can be found on their website.
6.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others. We only share your data in specific ways as stated to you the client. If you would like to check the privacy policies of the above sites please do so before hand.
7. Retaining and deleting personal data
7.1 This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
7.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 We will retain your personal data as follows:
(a) contact data will be retained for a minimum period of one year following the date of the most recent contact between you and us, and for a maximum period of seven years following that date.
(b) account data will be retained for a minimum period of one year following the date of closure of the relevant account, and for a maximum period of seven years following that date.
(c) transaction data will be retained for a minimum period of one year following the date of the transaction, and for a maximum period of seven years following that date.
(d) communication data will be retained for a minimum period of one year following the date of the communication in question, and for a maximum period of seven years following that date.
(e) usage data will be retained for a minimum of one year following the date of collection
(f) Original image data will be retained for a minimum period of one year following date of collection, and for a maximum period of seven years following date of collection.
(g) Edited image data will be retained for a minimum period of one year following the date of collection and for a maximum period of seven years.
(h) Images posted on social platforms and the website/portfolio will remain online unless consent is withdrawn. This is for the general promotion of business as set out in terms and conditions and model release forms. Consent can be withdrawn at any time but Heather Rose Duffy Photography cant be held responsible for materials already published.
7.4 Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
8. Your rights
8.1 In this Section 8, we have listed the rights that you have under data protection law.
8.2 Your principal rights under data protection law are:
(a) the right to access - you can ask for copies of your personal data;
(b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
(c) the right to erasure - you can ask us to erase your personal data;
(d) the right to restrict processing - you can ask us to restrict the processing of your personal data;
(e) the right to object to processing - you can object to the processing of your personal data.
(f) the right to data portability - you can ask that we transfer your personal data to another organization or to you.
(g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and
(h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
8.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
8.4 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies used by our service providers
10.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
10.2 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.
10.3 We use adobe portfolio to advertise our work. This portfolio does not use any cookies specifically as far as we are aware but the other internet providers may vary. Here is a link to adobe privacy policy should you need to see it. Adobe Privacy Centre
10.4 A banner has been added to this page for Google analytics, however I personally do not track any analytic information in regards to this page.
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647 Chrome.
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies Internet Explorer
(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac Safari
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
11.3 If you block cookies, you will not be able to use all the features on our website.
12. Amendments
12.1 We may update this policy from time to time by publishing a new version on our website.
12.2 You should check this page occasionally along with social media pages with links to this page to ensure you are happy with any changes to this policy.
12.3 We may notify you of significant changes to this policy by email.
13. Our details
13.1 This website is owned and operated by Heather Rose Duffy Photography.
13.2 We are registered in England and Wales is a self employed photographer. Our registered office is at 27 Llys Curig, Oakenholt, Flint, CH6 5FW.
13.4 You can contact us:
(a) by post, to the postal address given above
(b) using our website contact form
(c) by telephone, on 07964332522
(d) by email, using heatherduffy005@gmail.com
14. Data protection officer
14.1 Our data protection officer's contact details are:
Heather Duffy
27 Llys Curig, Oakenholt, Flint, Ch65FW
07964332522
Last Updated 24/02/2022