Privacy Policy

Privacy Policy

First of all I would just like to say I take your privacy very seriously, and will only use your personal information in accordance with this Privacy Policy.

This Privacy Policy gives you an explanation as to what happens to any personal information that you give to me and how your personal data is used and stored.

This Privacy Policy may be updated from time to time and the updated version will be posted on my website. It is important that the information I hold about you is accurate and current. Please keep me informed if your personal data changes during your engagement with me.

Who will be collecting my information?

Only me – Kellyann Fitzpatrick trading as Kellyann Fitzpatrick Photography, Studio 104, Abbey Mill Business Centre, Embroidery Mill, Paisley, PA1 1TJ. My business is single handedly ran by me and I am the data controller in relation to your personal data.

You can contact me by:

Phone: 07807330785

Email: Photography@kellyannfitzpatrick.com

Post: Studio 104, Abbey Mill Business Centre, Embroidery Mill, Paisley, PA1 1TJ.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). I would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact me in the first instance.

What Information is being collected? 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

I may collect, use, store and transfer different kinds of personal data about you such as:

  • Identity Data includes first name, last name and photographs.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Baby Data includes the name, due date and/or date of birth, gender and photographs of your baby or child.
  • Wedding Data includes couples Names, wedding venue, wedding date
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from me.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access my website.
  • Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses. 
  • Usage Data includes information about how you use my website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from me and your communication preferences.

Where I need to collect personal data by law, or under the terms of a contract with you and you decide not to provide that data when requested, I may not be able to perform the contract I have or am trying to enter into with you (for example, to provide you with a newborn photography session). In this case, I may have to cancel a product or service but I will let you know if this is the case at the time.

How is my information being collected?

Direct Interactions. Most of the information I collect about you will be from my direct interactions (e.g. through an enquiry you make on my website or over Facebook or through correspondence we have by phone, e-mail, in person or otherwise).

For example, during your initial enquiry, I will collect your name, email address and the due date of your baby (if you are requesting information about a newborn session). If there are siblings I will collect ages of siblings and their genders.

If you then proceed to the booking stage, I will require additional information such as your address, phone number and your payment details (e.g your bank details).

Automated technologies or interactions. As you interact with my website, I may automatically collect Technical Data about your equipment, browsing actions and patterns. My website technology collect this personal data by using cookies, server logs and other similar technologies.

How will my information be used?

I will only use your personal data when the law allows me to. Most commonly, I will use your personal data in the following circumstances:

  • Where I need to in order to perform the contract I am about to enter into or have entered into with you.
  • Where it is necessary for my legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where I need to comply with a legal or regulatory obligation.

A more detailed explanation of these legal bases is set out in the Glossary at the end of this Policy.

I have set out below in a table a description of all the ways I plan to use your personal data, and which of the legal bases I rely on to do so. I have also identified what my legitimate interests are where appropriate.

Note that I may process your personal data for more than one lawful ground depending on the specific purpose for which I am using your data. Please contact me if you need details about the specific legal ground I am relying on to process your personal data where more than one ground has been set out in the link Below:

Privacy Policy Kellyann Fitzpatrick Photography – Table 

If I need to use your personal data for an unrelated purpose, I will notify you and will explain the legal basis which allows me to do so.I will only use your personal data for the purposes for which I collected it, unless I reasonably consider that I need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact me.

Please note that I may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Will my information be used for marketing?

I want to provide you with choices regarding certain personal data uses, particularly around marketing and advertising, for this reason I use the following personal data control mechanisms:

Promotional offers from Kellyann Fitzpatrick Photography

I may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what I think you may want or need, or what may be of interest to you. This is how I decide which products, services and offers may be relevant for you (this is marketing).

You will receive marketing communications from me if you have requested information from me or purchased goods or services from me and, in each case, you have not opted out of receiving that marketing.

Opting out

You can ask me to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting me at any time.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to me as a result of a product or service purchase or other transaction between us.

Who will my information be shared with? 

In order to provide my services and products to you I may need to share your data with my providers of technical, payment and delivery services such as:

  • My CRM provider Dubsado based 100 East Tujunga Avenue, Burbank, California 91502, United States and web host WordPress who operate my CRM system and website;
  • My payment provider iZettle Based in Stockholm.
  • Royal mail – when I send your prints or USB it will be via Royal Mail

I require all third parties to respect the security of your personal data and to treat it in accordance with the law. I do not allow my third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with my instructions.

I do transfer your data out with the European Economic Area (EEA) in order to run my business effectively using my CRM system and web hosting.

How will my data be kept safe?

I have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, I limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on my instructions and they are subject to a duty of confidentiality.

I have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where I am legally required to do so. All of my IT is password protected.

How long will my data be kept for?

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.

Details of retention periods for different aspects of your personal data can be provided upon request from me by contacting me.

What are my rights?

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

If you wish to exercise any of these rights (set out below), please contact me.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, I may refuse to comply with your request in these circumstances.

What I may need from you

I may need to request specific information from you to help me confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request to speed up my response.

Time limit to respond

I try to respond to all legitimate requests within one month. Occasionally it may take me longer than a month if your request is particularly complex or you have made a number of requests. In this case, I will notify you and keep you updated.

Your rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data I hold about you and to check that I am lawfully processing it.

Request correction of the personal data that I hold about you. This enables you to have any incomplete or inaccurate data I hold about you corrected, though I may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask me to delete or remove personal data where there is no good reason for me continuing to process it. You also have the right to ask me to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where I may have processed your information unlawfully or where I am required to erase your personal data to comply with local law. Note, however, that I may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where I am relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where I am processing your personal data for direct marketing purposes. In some cases, I may demonstrate that I have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask me to suspend the processing of your personal data in the following scenarios: (a) if you want me to establish the data’s accuracy; (b) where my use of the data is unlawful but you do not want me to erase it; (c) where you need me to hold the data even if I no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to my use of your data but I need to verify whether I have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. I will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for me to use or where I used the information to perform a contract with you.

Withdraw consent at any time where I am relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, I may not be able to provide certain products or services to you. I will advise you if this is the case at the time you withdraw your consent.

Glossary

Legitimate Interest means the interest of my business in conducting and managing my business to enable me to give you the best service/product and the best and most secure experience. I make sure I consider and balance any potential impact on you (both positive and negative) and your rights before I process your personal data for my legitimate interests. I do not use your personal data for activities where my interests are overridden by the impact on you (unless I have your consent or are otherwise required or permitted to by law). You can obtain further information about how I assess my legitimate interests against any potential impact on you in respect of specific activities by contacting me.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that I am subject to.


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