Privacy Policy - Elowen Media

Elowen Media is committed to protecting your privacy. This document explains how we use personal information we collect about you and how we protect that information.

Who are we?

Elowen Media, a brand and portrait photography business in Falmouth, Cornwall, is the data controller. This means we decide how your personal data is processed and for what purposes.

Your personal data: what is it and what do we collect?

Any information that can identify you as an individual is counted as Personal Data.

Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession.

This may include details such as name, address, email address, and any other information you provide when you contact us or when you fill in a form on the Elowen Media website. This may be when you ask about our services, when you subscribe to newsletters or when you order products from our online shop. It may also be in connection to the booking form for your project, or in connection to your orders for prints to be posted to you. We may also come into possession of such information on model release forms where we keep a record of the consent of our models for photographs used for marketing and/or commercial purposes.

Photographs of individuals are also considered to be personal data because a person’s face is considered as biometric information or data. A photograph may also include information that can personally identify you. For example, during a PR shoot where information in the photograph could be present. Photographs are taken and processed by us for purposes of contractual fulfilment.

If you contact us, we may keep a record of that correspondence or interaction.

We will also collect data on how you use our emails – whether you open them, and which links you click on. When using our website your IP address and details of which version of web browser you used may also be collected and other statistical data about our users’ browsing actions.

For more information about Cookies please visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser.

Our website may contain links to other websites and if you come to our website from another website, we may receive information from the other website. You will be subject to the other website’s privacy policy whilst on their website. You should read the privacy policy of the other websites to find out more about this.

Personal data may be created by using our services.

Your activities and involvement with us will result in personal data being created. This could include details of your query or how you have employed our services. If you decide to work with us then we will keep records of when, what type of services you have used, and how much you have paid.

Sensitive personal data

At times, for example when you are attending one of our photography training sessions, we will collect sensitive personal data for Equal Opportunities monitoring and safeguarding purposes. This may include any information on medical conditions that may affect your ability to visit certain locations or contact details in case of emergency.

Student Work Experience Staff

If you work with us under our Student Work Experience Scheme, then we may collect extra information about you (e.g. references, details of emergency contacts, medical conditions etc.). This information will be retained for legal or contractual reasons, to protect us (including in the event of an insurance or legal claim) and for safeguarding purposes.

How do we process your personal data?

Elowen Media will comply with its obligations under the “GDPR” by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

We use your personal data for the following purposes: –

To administer customer records;
To manage our work experience students;
To maintain our own accounts and records;
To inform you of news, events, services and offers that you have requested, or we feel may be of interest to you;
To fulfil contracts made with you e.g. online purchases and contractual appointments.
To keep records of your contact preferences
To take and process images of you, your property, your event or for commercial purposes under contractual agreement with you.

What is the legal basis for processing your personal data?

We process personal information for certain legitimate business purposes, which are not limited to but include some or all or of the following:

Where the processing enables us to enhance, modify, personalise or otherwise improve our services and communications for the benefit of our customers
To identify and prevent fraud
To enhance the security of our network and information systems
To better understand how people interact with our websites and services
To provide communications which we think will be of interest to you – keeping you informed about news, events, and offers.
To determine the effectiveness of promotional campaigns and advertising
To contact customers via surveys to conduct research about their opinions of current or potential services.
To fulfil a request by you to take photographs and edit them for the purposes agreed during the booking process.
To store images period and/or provide secure online sharing platforms for you to access your images.
In the use of our image library database to access images quickly and efficiently. Relevant Images for your project may be connected to your name or event.

We also process personal information for certain other obligations, where processing is:

necessary for carrying out obligations under employment, social security or social protection law;
necessary for the performance of a contract or to take steps to enter into a contract
necessary for compliance with a legal obligation;
is necessary to protect the vital interests of a data subject or another person.
necessary for the performance of a task carried out in the public interest or in the exercise of the official authority vested in the data controller.
processing is necessary for the establishment and exercise of defence of legal claims.
Processing is necessary for reasons of public interest.

Sharing your personal data

We will not, under any circumstances, share or sell your personal data with any third party for their own marketing purposes.

We may share your personal data where we are required to do so by law.

We may share your personal data with third parties for the purposes of fulfilling our contractual agreements with you. For example, when ordering a print or photo album, this may be sent directly to you via the third-party organisation (printing company). Should you not wish this to be the case, the product will be posted first to Elowen Media and then to you. In this case, there may be additional charges for postage.

We will not, under any circumstances, share or sell your personal data with any third party for their own marketing purposes.

We may share your personal data where we are required to do so by law.

Upon your explicit agreement, we will share your images where there is personally identifiable people on our website or social media pages for promotional purposes of our work. We will not publicly share photographs where your permission has not been requested or received.

How long do we keep your personal data?

Photographs of identifiable individuals are considered under the “special categories of personal data” under the GDPR. Therefore:

Personally-identifiable Images stored on our online resources such as Google Documents, DropBox or Microsoft One Drive for the purposes of sharing the images with you in a system where you may download them will be stored for 2 years. A review will then take place. The images will then be deleted should there be no other reason to maintain them.
Personally-identifiable Images on our main computer storage facilities and/or back up facilities will be maintained for up to 4 years to fulfil any further service requests, such as prints or photo albums, or digital copies of the images in case of loss. Photographs will then be reviewed and, where necessary, deleted.
Images where there is explicit consent given to be used on our websites, social media and/or for commercial purposes, for the purposes of maintaining our portfolio, and for any purposes agreed at the time will be reviewed after 6 years.

Personal information such as next of kin contact details will be deleted from our system once your one to one photography teaching session or longer photography course has been completed.

Agreements and booking forms will be retained for 6 years which is the time limit for any legal claims to be made. Where you have agreed the use of certain images for publicity, this agreement will be kept for longer.

Model release forms may be kept for as long as the agreed photographs are kept as evidence of your explicit agreement for their use (whether for commercial or non-commercial purposes) of images taken.

Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: –

The right to request a copy of your personal data which Elowen Media holds about you; A subject access request will be responded to promptly and dealt with within 40 calendar days upon receipt.
The right to request that Elowen Media corrects any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary for Elowen media to retain such data;
The right to withdraw your consent to the processing at any time
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data
The right to lodge a complaint with the Information Commissioners Office.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Data Protection Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact details

To exercise all relevant rights, queries or complaints please in the first instance contact Claire at Elowen Media online at http://elowenmedia.co.uk/getintouch/ or by calling 07973417826.

We hope to be able to resolve any complaints about our privacy notice directly with you. However, if you feel this has not been achieved, you can contact the Information Commissioners Office (ICO) on 0303 123 1113 or online at https://ico.org.uk/global/contact-us/email/ or by post to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.