PRIVACY POLICY



1. INTRODUCTION

1.1 We are committed to safeguarding the privacy of Laura Jane Photography website visitors and customers

1.2 This policy applies where we are acting as a data controller with respect to the personal data of Laura Jane Photography website visitors and customers

1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of Laura Jane Photography’s website, we will ask you to consent to our use of cookies when you first visit our website.

1.4 In this policy, “we”, “us” and “our” refer to Laura Jane Photography


2. HOW WE USE YOUR PERSONAL DATA

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;

(b) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

2.2 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 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 our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your personal data that is provided as part of an enquiry about our services (“enquiry data”). The enquiry data may include your name, contact telephone number and email address. for the purposes of offering, marketing and selling relevant goods and/or services to you.  The legal basis for this processing is consent, namely taking steps, at your request, to provide information about our availability and services.

2.4 We may process your personal data that is provided in the course of the use of our services (“service data”). The service data may include your name, contact telephone number and email address.  The service data may be processed for the purposes of providing our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.5 We may process information that you provide for publication on our website or social media (“publication data”). The publication data may be processed [for the purposes of enabling such publication and marketing our website and services. The legal basis for this processing is consent.

2.6 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”).  The customer relationship data may include your name, your contact details, and information contained in communications between us and you.  The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent.

2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us. (“transaction data”). The transaction data may include your contact 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 us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

2.8 We may process information that you provide to us for the purpose of subscribing to our 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.

2.9 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence 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.  The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.10 We 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 our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.11 We 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 our legitimate interests, namely the proper protection of our business against risks.

2.12 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing 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.

2.13 Please do not supply any other person’s personal data to us, unless we prompt you to do so.


3. PROVIDING YOUR PERSONAL DATA TO OTHERS

3.1 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, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2 We may disclose your contact details to our suppliers or subcontractors insofar as reasonably necessary to deliver sub-contracted services or product orders.  The legal basis for this processing is consent.

3.3 Financial transactions relating to product orders are handled by our services provider, pixieset.com.

3.4 In addition to the specific disclosures of personal data set out in this Section 3, 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.


4. INTERNATIONAL TRANSFER OF DATA

4.1 In this Section 4, we 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 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.


5. RETAINING & DELETING PERSONAL DATA

5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 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.

5.3 We will retain your personal data as follows:

(a) Invoices, contact and contract details will be retained for a maximum period of 6 years (statute of limitations) following final delivery of services

(b) Planning information, wedding details and customer notes will be kept for a minimum of one year and a maximum of two years

5.4 Notwithstanding the other provisions of this Section 5, 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.


6. AMENDMENTS

6.1 We may update this policy from time to time by publishing a new version on our website.

6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.


7. YOUR RIGHTS

7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request your personal data by contacting us.

7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

7.8 You have the right to object to our processing of your personal data for direct marketing purposes including profiling for direct marketing purposes. If you make such an objection, we will cease to process your personal data for this purpose.

7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.13 You may exercise any of your rights in relation to your personal data by written notice to us.


8. ABOUT COOKIES

8.1 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.

8.2 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.

8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.


9. COOKIES THAT WE USE

9.1 We use cookies for the following purposes:

(a) analysis – we use cookies to help us to analyse the use and performance of our website and services


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 to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.


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.

11.2 Blocking all cookies will have a negative impact upon the usability of many websites.


12.  OUR DETAILS

12.1 This website is owned and operated by Laura Jane Photography

12.2 You can contact us:

(a) by post, 64, Hamberts Road, South Woodham Ferrers, Chelmsford Essex CM3 5TU

(b) using our website contact form;

(c) by email, info@laura-janephotography.com


13.  DATA PROTECTION OFFICER

13.1 Our data protection officer’s contact name is: Laura-Jane Bennett







TERMS & CONDITIONS OF USE



1. INTRODUCTION

1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Laura Jane Photography, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.


2. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Laura Jane Photography and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Laura Jane Photography and accessing the Website in connection with the provision of such services.


2. INTELLECTUAL PROPERTY & ACCEPTABLE USE

1. All Content included on the Website, unless uploaded by Users, is the property of Laura Jane Photography, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.


2. You may, for your own personal, non-commercial use only, do the following:

2.21 retrieve, display and view the Content on a computer screen


3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Laura Jane Photography.


3. PROHIBITED USE

You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.


4. LINKS TO OTHER WEBSITES

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Laura Jane Photography or that of our affiliates.

2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.


5. PRIVACY POLICY & COOKIES POLICY

1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: http://laura-janephotography.com/privacy%20policy.html


6. AVAILABILITY OF THE WEBSITE & DISCLAIMERS

1. Any online facilities, tools, services or information that Laura Jane Photography makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Laura Jane Photography is under no obligation to update information on the Website.

2. Whilst Laura Jane Photography uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

3. Laura Jane Photography accepts no liability for any disruption or non-availability of the Website.

4. Laura Jane Photography reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.


7. LIMITATION OF LIABILITY

1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

3. To the maximum extent permitted by law, Laura Jane Photography accepts no liability for any of the following:

1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

2. loss or corruption of any data, database or software;

3. any special, indirect or consequential loss or damage.


8. GENERAL

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.


9. LAURA JANE PHOTOGRAPHY DETAILS

1. Laura Jane Photography of 64, Hamberts Road, South Woodham Ferrers Essex CM3 5TU operates the Website laura-janephotography.com

2. You can contact Laura Jane Photography by email on info@laura-janephotography.com


10. ATTRIBUTION

1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

© Laura Jane Photography 2019


Privacy Policy | Terms & Conditions