KIRSTY BOWEN
PRIVACY POLICY
This privacy policy applies between you, the User of this Website and Kirsty Bowen Photography, the owner and provider of this Website.
Kirsty Bowen Photography takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
Please read this privacy policy carefully.
Definitions and interpretation
In this privacy policy, the following definitions are used:
Data: collectively all information that you submit to Lisa Devlin Photography via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws: any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR: the General Data Protection Regulation (EU) 2016/679;
Kirsty Bowen Photography, or Kirsty Bowen, us, I: Kirsty Bowen;
User or you: any third party that accesses the Website and is not either (i) employed by Kirsty Bowen Photography and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Kirsty Bowen Photography and accessing the Website in connection with the provision of such services; and
website: the website that you are currently using, https://kirstybowen.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Data
Data Protection Laws
GDPR
Kirsty Bowen Photography, or Kirsty Bowen, us, I
User or you
Website
collectively all information that you submit to Kirsty Bowen Photography via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
the General Data Protection Regulation (EU) 2016/679;
Kirsty Bowen Photography of RG23 7EE;
any third party that accesses the Website and is not either (i) employed by Kirsty Bowen Photography and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Kirsty Bowen Photography and accessing the Website in connection with the provision of such services;and
the website that you are currently using, https://kirstybowen.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. In this privacy policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
3. This privacy policy applies only to the actions of Kirsty Bowen Photography and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
4. For purposes of the applicable Data Protection Laws, Kirsty Bowen Photography is the “data controller”. This means that Kirsty Bowen Photography determines the purposes for which, and the manner in which, your Data is processed.
Data collected
5. We may collect the following Data, which includes personal Data, from you:
a. Identity Data may include your first name, last name, username, marital status, title and gender.
b. Contact Data may include your billing address, delivery address, email address and telephone numbers.
c .Financial Data may include your bank account and payment card details.
d. Transaction Data may include details about payments between me and other details of purchases made by you.
e. Technical Data may include your IP addresses, browser type, time zone and location, operating system and platform and other technology on the devices you use to access my site.
f. Profile Data may include your username and password, purchases or orders, your preferences, feedback and survey responses.
g. Usage Data may include information about how you use our website, products and services.
h. Marketing and Communications Data may include your preferences in receiving marketing communications from me and my third parties and your communication preferences.
Sensitive Data: I do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
Contractual Commitments: Where I am required to collect personal data by law, or under the terms of the contract between me and you. If you do not provide me with that data when requested, I may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide me with the requested data, I may have to cancel a product or service you have ordered but if I do, I will notify you at the time.
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7. Kirsty Bowen Photography will collect your Data in a number of ways, for example:
Direct Interactions: You may provide data by filling in forms on my site or by communicating with me by phone, email or otherwise, including when you:
a. Order my Products Or Services;
b. Create An Account On my Site;
c. Request Resources Or Marketing;
d. Send me Your Feedback
8. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. Where it is necessary for my legitimate interests and your interests and fundamental rights do not override those interests
b. Where I need to comply with a legal or regulatory obligation.
Marketing Communications: You will receive marketing communications from me if you have requested information from me or purchased goods or services from me; or if you provided me with your details and ticked the box at the point of entry of your details for me to send you marketing communications. You can ask me or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing me at hello@kirstybowen.com at any time. Where you opt out of receiving marketing communications, this will not apply to personal data provided to me as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
Who we share Data with
11. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors – to enable us to quote for our services and carry out those services if booked; in each case, in accordance with this privacy policy.
b. Service providers who provide IT and system administration services
c. Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
d. HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
I require all third parties to whom I transfer your data to respect the security of your personal data and to treat it in accordance with the law. I only allow such third parties to process your personal data for specified purposes and in accordance with my instructions. I currently share or store data with the following third parties:
Client Management System (CMS) By Dubsado
Client Photo Galleries By PicTime
Schools Photo Galleries by GotPhotos
Keeping Data secure
12. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
13. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: kirsty@kirstybowen.com.
14. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
15. I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, I consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which I process your personal data and whether I can achieve those purposes through other means, and the applicable legal requirements. By law I have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. In some circumstances you can ask me to delete your data: see below for further information. In some circumstances I may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case I may use this information indefinitely without further notice to you.
16. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
17. You have the following rights in relation to your Data:
a. Right to access– the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct– the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase– the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data– the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability– the right to request that we move, copy or transfer your Data.
f. Right to object– the right to object to our use of your Data including where we use it for our legitimate interests.
International transfers
18. I share your personal data within my business which sometimes involves transferring your data outside the European Economic Area. Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever I transfer your personal data out of the EEA, I do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:
I will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or Where I use certain service providers, I may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or Where I use providers based in the United States, I may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, I may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time. Please email me at hello@kirstybowen.com if you want further information on the specific mechanism used by me when transferring your personal data out of the EEA.
19. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: kirsty@kirstybowen.com
20. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
21. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
22. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
23. Kirsty Bowen Photography may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Kirsty Bowen Photography. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
24. We may also disclose Data to a prospective purchaser of our business or any part of it.
25. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
General
26.You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
27. If any court or competent authority finds that any provision of this privacy policy (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 this privacy policy will not be affected.
28. 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.
29. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to this privacy policy
30. Kirsty Bowen Photography reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.
You may contact Kirsty Bowen Photography by email at kirsty@kirstybowen.com