Introduction and applicable terms
Photography by Fergal Kearney (‘we’ or ‘us’) takes your privacy very seriously. This document refers to your personal data, how we use it, why we use it and our legal basis for doing so. It also explains your rights as an individual over how your personal data is used. Personal data is defined as information concerning any living person that is not already in the public domain.
The General Data Protection Regulation (GDPR) is legislation for a new form of data protection which replaces The Data Protection Act (DPA) and Privacy and Electronic Communications Regulations (PECR). It is applicable throughout the EU and is far more extensive and far reaching than the former rulings, seeking to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data both in and out of the EU. It should be noted that GDPR does not apply to information already in the public domain such as Companies House Data. Photography by Fergal Kearney is pleased to provide the following GDPR information:
Who we are
Photography by Fergal Kearney is a Northern Ireland based sole trader offering professional digital photography to the personal and commercial photography market.
The type of personal information you may provide us with will typically include your name, address, date of birth, telephone number, email address, bank account and payment card details and any feedback you give to us, including by phone, email, post, or when you communicate with us via social media.
Photography by Fergal Kearney uses the information you provide us with: to provide quotations for photography services; initiate and complete contracted development work; make telephone contact and to email or SMS text message you responsible PR and marketing information we feel as a company may be of interest to you. By using our website to contract us for services and opting in, you are giving Photography by Fergal Kearney permission to maintain a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. Photography by Fergal Kearney ensures any photographer or photography assistant contracted to carry out services on our behalf will in no way jeopardise the rights of our customers under the GDPR.
Any information Photography by Fergal Kearney holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers such as credit referencing agencies.
The medium by which we collect and process your data includes: our websites; customer application; web design; web development; social media marketing; branding, over the phone (and subsequently entered into our database).
Photography by Fergal Kearney will only collect the information needed so that it can provide you with the services you have contracted us for; or for PR and marketing services. We do not sell or broker your data.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally identifying information such as Internet Protocol (IP) addresses. Photography by Fergal Kearney may from time to time use such information to identify its visitors. Photography by Fergal Kearney may also collect statistics about the behaviour of visitors to its website.
Legal basis for processing any personal data
To meet Photography by Fergal Kearney’s contractual obligations to clients and to also respond to marketing enquiries.
Legitimate interests pursued by Photography by Fergal Kearney
To market our services in the most effective way and to fulfil our contractual obligations to our customers.
When you opt-in, you are giving consent to Photography by Fergal Kearney to process your personal data for the purposes outlined. You may withdraw consent at any time by updating your preferences; by emailing email@example.com or by phoning 02879 111386 or writing to us at:
Data Protection Officer
Photography by Fergal Kearney
11 Tamlaghduff Road
Photography by Fergal Kearney may pass a limited amount of your Personal Information to third parties exclusively to process work on its behalf, including our Design and Development Partners who need certain data to collect, service and deliver a customer’s service. The information we may share includes: a customer’s name; phone number (available 24 hours prior to a booking); email; address. This information is shared via our live-system website and via our Photography by Fergal Kearney website. Photography by Fergal Kearney requires these third parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.
Photography by Fergal Kearney does not broker or pass on information gained from your interaction. However, Photography by Fergal Kearney may disclose your Personal Information to meet legal obligations, regulations or valid governmental requests. Photography by Fergal Kearney may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Photography by Fergal Kearney, its clients and/or the wider community.
Photography by Fergal Kearney retains collected personal data indefinitely (unless instructed otherwise). The purpose for this is to adequately serve the full lifecycle of a customer’s vehicle; and subsequent vehicles. We only use this data for the purpose originally contracted for, and to market this purpose.
Transmitting information via the internet is never completely secure. Although we will do our best to protect your personal data, the security of your personal data transmitted to us cannot be guaranteed. Any transmission is at your own risk. You acknowledge and agree that we shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data, except to the extent we are required to accept such responsibility under data protection laws.
Your rights as a data subject
At any point whilst Photography by Fergal Kearney is in possession or processing your personal data, all data subjects have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right of erasure – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restrict of processing – where certain conditions apply you have a right to restrict the processing of personal data.
- Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling. In the event that Photography by Fergal Kearney refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge. Photography by Fergal Kearney at your request can confirm what information it holds about you and how it is processed.
You can request the following information:
- Identity and the contact details of the person or organisation (Photography by Fergal Kearney) that has determined how and why to process your data.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of Photography by Fergal Kearney or a third party such as one of its clients, information about those interests.
- The categories of personal data collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- How long the data will be stored.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority (ICO).
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide
- The source of personal data if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
Photography by Fergal Kearney will accept the following forms of ID when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Photography by Fergal Kearney is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to firstname.lastname@example.org or by phoning 0203 906 1793 or writing to us at:
Data Protection Officer
Photography by Fergal Kearney
11 Tamlaghduff Road
In the event that you wish to make a complaint about how your personal data is being processed by Photography by Fergal Kearney, you have the right to complain to Photography by Fergal Kearney’s Company Director. If you do not get a response within 30 days you can complain to the ICO (Information Commissioner’s Office).