- I am committed to safeguarding the privacy of AldoPics website visitors and customers
- This policy applies where I am acting as a data controller with respect to the personal data of AldoPics website visitors and customers
- In this policy, “me” or “I” refers to the AldoPics business.
2. How I Use your personal data
- In this Section 2 I have set out:
- the general categories of personal data that I may process;
- the purposes for which I may process personal data; and
- the legal bases of the processing.
- Personally Identifiable Information which I collect from you only if you sign up for a newsletter, contact me or make a booking including:
- Your name,
- Your email address, and
- Optionally, your phone number,
- Portfolio Consent (“Model Release Consent”) of you, event guests and children (in the case of family portraits),
- Message details you send with inquiries.
- I may process data about your use of my 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 in my legitimate interests, namely monitoring and improving my website and services.
- I may process your personal data that is provided as part of an enquiry about my 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 my availability and services.
- I may process your personal data that is provided in the course of the use of my 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 my services, maintaining back-ups of my databases and communicating with you. The legal basis for this processing is the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract.
- I may process information that you provide for publication on my website or social media (“publication data”). The publication data may be processed for the purposes of enabling such publication and marketing my website and services. The legal basis for this processing is consent.
- I may process information relating to my 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 me and you. The customer relationship data may be processed for the purposes of managing my relationships with customers, communicating with customers, keeping records of those communications and promoting my products and services to customers. The legal basis for this processing is consent.
- I may process information relating to transactions, including purchases of goods and services, that you enter into with me. (“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 me and/or taking steps, at your request, to enter into such a contract and my legitimate interests, namely the proper administration of my website and business.
- I may process information contained in or relating to any communication that you send to me (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. My 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 my legitimate interests, namely the proper administration of my website and business and communications with users.
- I 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 my legitimate interests, namely the protection and assertion of my legal rights, your legal rights and the legal rights of others.
- I 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 my legitimate interests, namely the proper protection of my business against risks.
- In addition to the specific purposes for which I may process your personal data set out in this Section 2, I may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.
- Please do not supply any other person’s personal data to us, unless I prompt you to do so.
3. Providing Your Personal Data to Others
- I may disclose your personal data to my 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.
- I may disclose your contact details to my suppliers or subcontractors insofar as reasonably necessary to deliver sub-contracted services or product orders. The legal basis for this processing is consent.
- Financial transactions relating to product orders are handled by my services provider, paypal.com or Revolut.
- In addition to the specific disclosures of personal data set out in this Section 3, I may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person. I 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. Transfer of your Personal Data
- In this Section 4, I provide information about the circumstances in which your personal data may be transferred, including to countries outside the European Economic Area (EEA).
- The hosting facilities for my website, although the company is American, are situated in Europe. Access to the site and image data service is GDPR compliant.
- You acknowledge that personal data that you submit for publication through my website or services may be available, via the internet, around the world. I cannot prevent the use or misuse of such personal data by others.
5. Retaining and Deleting Personal Data
- This Section 5 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal data.
- Personal data that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- I will retain your personal data as follows:
- Invoices, contact and contract details will be retained for a maximum period of 6 years (statute of limitations) following final delivery of services
- Planning information, event details and customer notes will be kept for a minimum of one year and a maximum of two years
- Notwithstanding the other provisions of this Section 5, I may retain your personal data where such retention is necessary for compliance with a legal obligation to which I am subject to, or in order to protect your vital interests or the vital interests of another natural person.
- I may update this policy from time to time by publishing a new version on my website.
- You should check this page occasionally to ensure you are happy with any changes to this policy.
- I will notify you of significant changes to this policy by email.
7. Your Rights
- In this Section 7, I 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 my summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
- Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
- You have the right to confirmation as to whether or not I process your personal data and, where I 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, I 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 me.
- 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.
- 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.
- 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; I no longer need the personal data for the purposes of my 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, I may continue to store your personal data. However, I 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.
- You have the right to object to my 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, I will cease to process the personal information unless I 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.
- You have the right to object to my processing of your personal data for direct marketing purposes including profiling for direct marketing purposes. If you make such an objection, I will cease to process your personal data for this purpose.
- You have the right to object to my 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.
- To the extent that the legal basis for my processing of your personal data is:
- consent; or
- 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 me 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.
- If you consider that my 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.
- To the extent that the legal basis for my 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.
- You may exercise any of your rights in relation to your personal data by written notice to me.
8. Website Cookies
- 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.
- 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 when the web browser is closed.
- 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 used By AldoPics
10. Cookies used by my Service Provider
11. Managing Cookies
- 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.
- Blocking all cookies will have a negative impact upon the usability of many websites.
12. My Details
- This website is owned and operated by AldoPics
- My office is at my home, 52, Norfolk Flats, Flat no.2, Triq Il-Barrakki tal-Melh, Salina, Naxxar NXR6040
- You can contact me:
- By post, to the address given above;
- using my website contact form;
- by email, using the email address published on my website.
14. Data Protection Person
- The data protection officer’s contact name is Aldo
CLIENTS, CHILDREN AND EVENT GUESTS CAPTURED IN PHOTOS
In terms of explicit GDPR compliance, Event or event clients and guests are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’. The taking of photographs of guests when viewed as a form of processing personal data is necessary for the legitimate interests of AldoPics as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.
In the case of family portraits, family members and family children may also appear in photos taken. In the case of portrait sessions, where the number of people in the session are below 10, individual signatures would be required on the online booking or paper consent form. The children’s parents would to explicitly indicate if AldoPics has model release consent for child photos of children alone or with the parents.
SOCIAL MEDIA POLICY & USAGE
I adopt a safe and responsible Social Media Policy. While I 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. I will never ask for personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with me on social media.
DISPLAY OF IMAGES
WITHDRAWL OF CONSENT
Anyone photographed by AldoPics, whether a client or an event guest, and whether past or current may withdraw consent for a photograph in which they appear to be displayed. The process for this is to email AldoPics at [email protected] specifying the page and photo in question. Pursuant to the request, AldoPics will then remove the photo from online and printed display wheresoever it appears at the earliest opportunity.