Privacy Policy

1.       Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and service users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of KM Photographic users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of KM Photographic services, we will ask you to consent to your use of cookies when you first visit our website.

1.4   In this policy, "we", "us" and "our" refer to KM Photographic/Kirstie Melville.


2.       Credit                                                                                  

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).


3.       How we use your personal data

3.1    Inthis Section 3 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

(c)    the legal bases of the processing.

3.2    We may process "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, processed for the purpose of tracking KM Photographic's website traffic.

3.3    We may process your personal data. Personal data may include your name and email address, of which you provide in the booking process. The account data may be processed for the purpose of providing our services and communicating with you. The legal basis for this processing is administration and the performance of setting up a service contract between you and us. 

3.4    We may process information contained in any enquiry you submit to us regarding photography services ("enquiry data"). The enquiry data maybe processed for the purposes of offering, marketing and selling relevant services to you. 

3.5    We may process information relating to transactions that you enter into with us and/or through our 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 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.

3.6  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.

3.7  We may process photographic data. This data may include photographs featuring your likeness, taken in a public place, at an event, or commissioned photo shoot. The legal basis for this processing is the performance of a contract between you and us, or implied consent at events where you may reasonably expect to be photographed. 

3.8  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.

3.9  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.

3.10  In addition to the specific purposes for which we may process your personal data set out in this Section 3, 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.

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


4.       Providing your personal data to others

4.1    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.

4.2    We may disclose your personal data to our suppliers insofar as reasonably necessary for ordering your photographic products.

4.3    Financial transactions relating to our website and services may be handled by our payment services provider (PayPal). 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. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/uk/webapps/mpp/ua/privacy-prev#2.

4.4    In addition to the specific disclosures of personal data set out in this Section4, 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.       International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to [countries outside the European Economic Area (EEA)].

5.2   The hosting facilities for our website (Format.com) are situated in Canada. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to Format.com will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.3    Some of our product suppliers are situated in other countries, to include New Zealand and Italy. The European Commission has made an"adequacy decision" with respect to the data protection laws of eachof these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.4    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.


6.       Retaining and deleting personal data

6.1    ThisSection 6 sets out our data retention policies and procedure, which aredesigned to help ensure that we comply with our legal obligations in relationto the retention and deletion of personal data.

6.2    Personaldata that we process for any purpose or purposes shall not be kept for longerthan is necessary for that purpose or those purposes.

6.3    Wewill retain your personal data as follows:

(a)    Photographic data will be retained for a minimum period of 1 year following receipt of the contracted service, and for a maximum period of 7 years.

(b) Personal and transaction data will be retained for a maximum of 7 years in order to maintain effective bookkeeping.

6.4    Notwithstandingthe other provisions of this Section 6, we may retain your personal data wheresuch retention is necessary for compliance with a legal obligation to which weare subject, or in order to protect your vital interests or the vital interestsof another natural person.


7.       Amendments

7.1    Wemay update this policy from time to time by publishing a new version on ourwebsite.

7.2    Youshould check this page occasionally to ensure you are happy with any changes tothis policy.


8.       Your rights

8.1    Inthis Section 8, we have summarised the rights that you have under dataprotection law. Some of the rights are complex, and not all of the details havebeen included in our summaries. Accordingly, you should read the relevant lawsand guidance from the regulatory authorities for a full explanation of theserights.

8.2    Yourprincipal rights under data protection law are:

(a)    theright to access;

(b)    theright to rectification;

(c)    theright to erasure;

(d)    theright to restrict processing;

(e)    theright to object to processing;

(f)    theright to data portability;

(g)    theright to complain to a supervisory authority; and

(h)    theright to withdraw consent.

8.3    Youhave the right to confirmation as to whether or not we process your personaldata and, where we do, access to the personal data, together with certainadditional information. That additional information includes details of thepurposes of the processing, the categories of personal data concerned and therecipients of the personal data. 

8.4    Youhave the right to have any inaccurate personal data about you rectified and,taking into account the purposes of the processing, to have any incompletepersonal data about you completed.

8.5    Insome circumstances you have the right to the erasure of your personal datawithout undue delay. Those circumstances include: the personal data are nolonger necessary in relation to the purposes for which they were collected orotherwise processed; you withdraw consent to consent-based processing; youobject to the processing under certain rules of applicable data protection law;the processing is for direct marketing purposes; and the personal data havebeen unlawfully processed. However, there are exclusions of the right toerasure. The general exclusions include where processing is necessary: forexercising the right of freedom of expression and information; for compliancewith a legal obligation; or for the establishment, exercise or defence of legalclaims.

8.6    Insome circumstances you have the right to restrict the processing of yourpersonal data. Those circumstances are: you contest the accuracy of thepersonal data; processing is unlawful but you oppose erasure; we no longer needthe personal data for the purposes of our processing, but you require personaldata for the establishment, exercise or defence of legal claims; and you haveobjected to processing, pending the verification of that objection. Whereprocessing has been restricted on this basis, we may continue to store yourpersonal data. However, we will only otherwise process it: with your consent; forthe establishment, exercise or defence of legal claims; for the protection ofthe rights of another natural or legal person; or for reasons of importantpublic interest.

8.7    Youhave the right to object to our processing of your personal data on grounds relatingto your particular situation, but only to the extent that the legal basis forthe processing is that the processing is necessary for: the performance of atask carried out in the public interest or in the exercise of any officialauthority vested in us; or the purposes of the legitimate interests pursued byus or by a third party. If you make such an objection, we will cease to processthe personal information unless we can demonstrate compelling legitimategrounds for the processing which override your interests, rights and freedoms,or the processing is for the establishment, exercise or defence of legalclaims.

8.8    Youhave the right to object to our processing of your photographic data for directmarketing purposes. If youmake such an objection, we will cease to utilise your photographic data for thispurpose.

8.9  Tothe extent that the legal basis for our processing of your personal data is:

(a)    consent;or

(b)    thatthe processing is necessary for the performance of a contract to which you areparty or in order to take steps at your request prior to entering into acontract.

8.10  Ifyou consider that our processing of your personal information infringes dataprotection laws, you have a legal right to lodge a complaint with a supervisoryauthority responsible for data protection. You may do so in the EU member stateof your habitual residence, your place of work or the place of the allegedinfringement.

8.11  Tothe extent that the legal basis for our processing of your personal informationis consent, you have the right to withdraw that consent at any time. Withdrawalwill not affect the lawfulness of processing before the withdrawal.

8.12  Youmay exercise any of your rights in relation to your personal data by writtennotice to us.


9.       About cookies

9.1    Acookie 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. Theidentifier is then sent back to the server each time the browser requests apage from the server.

9.2    Cookiesmay be either "persistent" cookies or "session" cookies: apersistent cookie will be stored by a web browser and will remain valid untilits set expiry date, unless deleted by the user before the expiry date; asession cookie, on the other hand, will expire at the end of the user session,when the web browser is closed.

9.3    Cookiesdo not typically contain any information that personally identifies a user, butpersonal information that we store about you may be linked to the informationstored in and obtained from cookies.

10.    Cookies that we use

10.1  Weuse cookies for the following purposes:

(a)    authentication- we use cookies to identify you when you visit our website and as younavigate our website

(b)    status- we use cookies to help us to determine if you are logged into our website

(c)    personalisation- we use cookies to store information about your preferences and topersonalise the website for you

(d)    security- we use cookies [as an element of the security measures used to protect useraccounts, including preventing fraudulent use of login credentials, and toprotect our website and services generally

(e)    analysis- we use cookies to help us to analyse the use and performance of our websiteand services

(g)    cookieconsent - we use cookies to store your preferences in relation to the use ofcookies more generally


11.    Cookies used by our service providers

11.1  Ourservice providers use cookies and those cookies may be stored on your computerwhen you visit our website.

11.2  Weuse Google Analytics to analyse the use of our website. Google Analyticsgathers information about website use by means of cookies. The informationgathered relating to our website is used to create reports about the use of ourwebsite. Google's privacy policy is available at: https://www.google.com/policies/privacy/.


12.    Managing cookies

12.1  Mostbrowsers allow you to refuse to accept cookies and to delete cookies. Themethods for doing so vary from browser to browser, and from version to version.You can however obtain up-to-date information about blocking and deletingcookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en(Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences(Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/(Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);

(e)    https://support.apple.com/kb/PH21411(Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy(Edge).

12.2  Blockingall cookies will have a negative impact upon the usability of many websites.

12.3  Ifyou block cookies, you will not be able to use all the features on our website.


13.    Our details

13.1  Thiswebsite is owned and operated by Kirstie Melville.

13.2  Youcan contact us:

(a)    usingour website contact form

(b)    byemail, using the email address published on our website


14.    Data protection officer

14.1  Ourdata protection officer's contact details are as 'our details in section 13.


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