Enya Samways Photography Privacy Policy

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On 25th May 2018 new legislation came into force requiring companies to protect their client’s personal data. According to the official definition;  “personal data is any information relating to an identified or identifiable individual; meaning, information that could be used, on its own or in conjunction with other data, to identify an individual”. Personal data will now include not only data that is commonly considered to be personal in nature (e.g., social security numbers, names, physical addresses, email addresses), but also data such as IP addresses, behavioural data, location data, biometric data, financial information, and much more, including images I take, where you can clearly see your face.

Here at Enya Samways Photography, I am committed to ensuring that your privacy is protected, so that your images or personal info is not abused.  This policy will set out how I do that - from what information I hold about you, how I store it, who I share it with and how long I keep it.  This applies to all my clients. In this policy “I”, “we”, “us” and “our”refer to Enya Samways Photography.

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1. What personal information do I collect about you?

I  may collect the following information:

• Full names 

• Mobile number

2. Use of your face-based data

I also collect and store images of you (obviously). According to the GDPR, photographers need to demonstrate reasonable and legitimate use for this. In order to market my business, I have to showcase my work, for example on social media and my website. If you have booked me you probably looked at such photos already. I do ask clients to opt into this in my contract, but you can always decide to keep your photos private & your contract can be amended to state this.

I will not sell you photos to be used commercially without your consent, if a third party does approach me asking me to look at or buy one of your photos, I will ask your permission first.

I store photos on my PC, on hard drives and once everything has been delivered to you, in a private archive on my website too. I may keep images in this archive indefinitely - in case clients lose them. These devices are password protected and have relevant security software.

3. What I do with the data you have given me 

All personal data you have given me in relation to a quote or enquiry, either sits in my email inbox or is stored on my phone. If you go ahead and book me to photograph your portrait session or wedding, this data will be collated onto a booking form which is stored in a folder in my secure home.

4. Privacy & Individuals Rights

The GDPR includes the following rights for individuals:

• The right to be informed

• The right of access 

• A right to rectification

• The right to erasure (If you ask me to delete every copy of your wedding photos, I will need to receive this request from both parties and there’s a cooling off period of 3 months)

• Right to restrict processing

• The right to data portability

• A right to object

• The right not to be subject to automated decision-making including profiling.

5. Lawful Processing of Data

I only process data in relation to enquiries and booking conversations with clients. The processes and systems I have in place are designed with your privacy in mind

6. Access Requests

If you would like to access the data I have on you, you can request this in writing via email. Such requests are free. Please email me at e.sphotography@hotmail.com.

7. Consent

So what does  ‘consent’ mean with GDPR:

GDPR definition: “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”

When you book me to photograph your portrait or wedding, you’ll receive a contract which covers consent and this will give you the opportunity to select how your photos are used by me after the wedding date.

8. Consent & Guest Photos

Throughout the wedding day, I will aim to get photos of all of your guests. During the main family and friends photos, I will work on the assumption that everyone is happy for me to photograph them and in the case of children, I will assume the parent or legal guardian has given consent. 

When it comes to other guests e.g. evening reception guests, I work on the basis of ‘assumed consent’ for documentary coverage. I will verbally ask for consent from the people I intend to photograph in any organised or posed photograph. If they decline, I will take steps to omit them from the backgrounds of other photos where possible. As a result, you may notice one or two people missing from the final photo selection. If they say yes, I will take this as ‘express consent’. With GDPR, consent can be withdrawn later without reason. So, for example, if a guest does not want their image on social media, I will remove it - they just need to get in touch and let me know.

9. Photo removal

You and your guests do have a right NOT to be featured on my website. I will work on the assumption that your guests are happy for me to use their images in this way. If any of your guests contact me and request that their photo is removed, I will remove the whole photo. 

10. Promotional emails

I will only email you in relation to an enquiry, or a question you have asked me, or in relation to other, important reasons relating to your enquiry or wedding booking.

11. Security

Precautions are taken on my website and social media accounts to ensure they are as secure as possible. This reduces the chance of data being stolen via hacking or malware.

12. GDPR Compliance

I am committed to keeping up to date with changes in legislation as they occur to remain GDPR compliant.  For the purposes of this policy, I am the acting data controller with respect to the personal data of all Enya Samways Photography customers.