Privacy Policy
1. Introduction
1.1 We are committed to safeguarding the privacy of visitors to markhewitson.photography and the clients of Mark Hewitson Photography Limited.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors, clients and prospective clients who have provided their data to enable us to contact them/keep them updated with what’s happening in the business/fulfil a contract; either online, on the telephone or in person; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. Should you wish to disable cookies, please consult the help guide for your internet browser.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify your preferences to receive direct marketing communications.
1.5 In this policy, “we”, “us” and “our” refer to Mark Hewitson Photography Limited registered with company number 10277788. For more information about us, see Section 13
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We process data about your use of our 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 (read their privacy policy here: https://www.google.com/policies/privacy/. 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 our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data (“account data“). The account data is data provided by you when you set up an account on our website and includes your name and email address, postal address and telephone number(s). The source of the account data may be you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.4 We may process personal data that is provided during the use of our services (“service data“). The service data may include name, address, phone number, email address. The source of the service data will be either you or your employer, but most likely you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is both your consent, where you have provided the information of your own free will and our legitimate interests, namely the proper administration of our website and business, where your employer has provided the data as well as the performance of a contract between you and us and/or taking steps, at your or your employer’s request, to enter into such a contract.
3.5 We may process information that you post for publication (for example but not limited to comments on pages and or posts on our website) or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you/responding to an enquiry you make about our services. The legal basis for this processing is consent.
3.7 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include but is not limited to your name, your employer, your job title or role, your contact details, names and birthdays of your family members and pets and information obtained in communications between us and you or your employer. The source of the customer relationship data is most likely you but it may be your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is your consent by having provided this information to us and our legitimate interests, namely the proper management of our customer relationships.
3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us in person and/or through our website (“transaction data“). The transaction data may include your contact details, your card 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 as well as obtaining monies you owe us. The legal basis for this processing is fulfilling a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters. (“notification data“). The notification data may be processed for the purposes of sending you relevant notifications and/or newsletters. The legal basis for this processing is consent.
3.10 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our 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 consent and our legitimate interests, namely the proper administration of our website and business and communications with users.
3.11 We may process images of you (“image data”). You give us your consent to process these images when you knowingly appear in front of one of our cameras.
Occasionally we take images at events. At these events, we are working for the event organiser (our client). The event organiser will have given us permission to take images in and around the event including images of people attending. Should you wish for your image not to be used, please either notify us or the event organiser. It is not practicably possible for us to seek permission from every person at an event and your consent will be assumed unless you inform us otherwise.
3.12 We may process your customer relationship data for sending SMS reminders of appointments you have made with us. The legal basis for this processing is our legitimate interests, namely the efficient running of our business.
3.13 We 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 our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.14 We 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 our legitimate interests, namely the proper protection of our business against risks.
3.15 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person or our business.
3.16 We may use images we have taken of you and/or your family and pets and publish them in the following ways:
Display, Exhibitions, Promotions, Editorial, Press, Advertising, Competitions, Social Media Websites, Our own portfolio and our own website. Where an image is entered into a competition, we as the creator of the image are granting the competition organisers the right to use that image. We have no control over the usage of that image once submitted.
Use of your images in this way will only be with signed permission from the lead contact of the family. You will have the opportunity to opt in to any/all/none of the above methods described above. If you have previously provided consent and you now wish to remove your consent for images being used in the above ways, you may do so by writing to us using one of the methods described in section 13.
If you request us to remove your images, we will do so in a timely manner as far as is reasonably possible. However, if you have previously provided permission for your images to be used we are unable to remove them from places where the usage is beyond our control (i.e. images that have been submitted to the press or competitions or shared on social media).
3.17 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to our 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.
4.2 We may disclose your personal data (including but not limited to your name, phone number(s), email and postal addresses as well as information you have provided in a contact form either physically or online)to our suppliers or subcontractors identified in section 4.2(a – n) insofar as reasonably necessary for responding to enquiries/making bookings for our services as well as for protecting and backing up the data we hold in all the formats in which we hold it.
(a) We use the services of a registered accountant. Our accountant is ‘Chimes Accountancy’ – https://chimesaccountancyservices.co.uk/
Chimes Accountancy have access to our Light Blue database as it is through here that we process invoices, and receipts and facilitate our bookkeeping. Chimes Accountancy’s copy of Light Blue is password protected. The legal basis for this processing is our legitimate interests, namely the proper administration of our business.
(b) Our database software is Light Blue – https://www.lightbluesoftware.com/legal/privacy_notice.php
We have multiple copies of Light Blue, all of which are password protected. Light Blue is the ‘brains’ of the business and is where we store most of the information we hold. The legal basis for this processing is our legitimate interests, namely the proper administration of our business and communications with clients and potential clients.
(c) We occasionally use a subcontracted booking agent ‘BB Photo Consultancy’ – They can be contacted on 07449 460269. We may process your data via a password-protected spreadsheet and provide it to BB Photo Consultancy so they can contact you regarding booking an appointment with us. The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business and communications with clients and potential clients.
(d) We use Dropbox to back up our document files – https://www.dropbox.com/en_GB/security/GDPR Dropbox provide us with a cloud backup service so that in the event of a catastrophic failure/fire/theft we can access our documents. We can access Dropbox files via several computers, as well as on mobile devices (iPhone and iPad). All devices are password protected. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
(e) We use Backblaze to back up our image files and document files – https://www.backblaze.com/company/privacy.htmlBackblaze allows us to recover image and document files in the event of a catastrophic failure/fire/theft. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
(f) If you email us, our emails are processed via both Gmail and Light Blue. Gmail’s privacy policy is https://cloud.google.com/security/gdpr/This allows us to respond to you via email. The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business and communications with clients and potential clients.
(g) We store image and document files on desktop computers. These computers require a password to access them. Image files may also be stored on an external hard drive and/or a local network attached storage (NAS) device. These hard drives and NAS device are stored in a building which is locked when unattended. We also store image and document files on a laptop computer. This laptop requires a password to access it and its hard drive is encrypted. In the rare event that we take an external hard drive away from our place of business, those hard drives are password protected. The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business and preservation of image files forming part of a contract.
(h) Images are sometimes taken on location. Rarely do we ever leave a camera unattended, if we do it will always be in a locked vehicle or building. Memory cards containing images are formatted once we know we have copies in two other locations (these are usually an internal/external hard drive and one of the cloud backup services mentioned above). The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business and preservation of image files forming part of a contract.
(i) Occasionally we access image and document files away from our place of business. If we do, this is via a laptop requiring a password and/or an iPhone or iPad, all of which require a password to access. The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business.
(j) We often attend events where we collect data you provide us with to enter a competition or you may provide us information when buying a gift voucher at an event. If your data is processed via a physical paper copy, that paper copy is kept secure at the event and out of sight of others, before being transferred to Light Blue at the earliest opportunity. Once we have made contact with you and confirmed the details you have provided, the original copy is shredded. If your data is processed via a digital means then it will go via our servers to Light Blue where it is stored securely. The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business and ensuring we have the correct data for contacting clients and potential clients.
(k) We employ staff on both a paid and voluntary basis to process information for us at our place of business as well as at events. These staff have access to our Light Blue database and should they leave, they have no further access to our database. They do not have the facility to take the database, image or document files away from the place of business, only Mark Hewitson has that facility and the data will only be taken away from the place of business using one of the secure methods detailed above.
If you provide one of our staff with data at an event that data is then held in accordance with the process described in section 4.2 The legal basis for this processing is our legitimate interests, namely the proper and timely administration of our business.
(l) We supply image files to our print/frame and album suppliers so that we can fulfil any orders you place with us. These image files contain metadata which contains your surname and the date of your experience with us. This information is included so that in the event of a problem, we can identify accurately the relevant files. All images uploaded to our suppliers are done via either the suppliers’ website or the WeTransfer service. Our suppliers are:
Loxley Colour – https://www.loxleycolour.com/help/privacy
Kaleidoscope Framing – https://www.kaleidoscope-framing.co.uk/privacy_statement.php
WeTransfer – https://wetransfer.zendesk.com/hc/en-us/categories/201270873-Security-Privacy
nPhoto – https://nphoto.com/en/privacy-policy
Trade Canvas Prints – https://www.tradecanvasprints.com/pages/privacy-policy
Digitalab – https://www.digitalab.co.uk/privacy-policy/
(m) We use Mailchimp to process information and send emails to people who have signed up for our mailing lists. If you have not signed up to a mailing list you will not be added to one without your consent. The legal basis for this processing is consent. Mailchimp’s privacy policy is here: https://mailchimp.com/legal/privacy/
(n) You may for certain sessions be provided the opportunity to book online via Acuity Scheduling (part of SquareSpace). This system will process bookings on our behalf. Acuity Scheduling will take a booking fee via Stripe (see section 4.3). The legal basis for this processing is consent. By entering your details you consent to Acuity Scheduling processing the booking and your data. Acuity Scheduling’s privacy policy is here: https://www.squarespace.com/privacy
(o) We use PurpleKey Agency to edit some of our image files – https://purplekeyagency.co.uk/terms-and-conditions/ PurpleKey allows us to process the sheer volume of images in a timely manner. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
4.3 Financial transactions relating to our website and services are handled by our payment services providers, (Stripe, Zettle and PayPal). We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at:
4.4 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person or our business. We 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.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 The hosting facilities for our website are situated in the United States of America.
5.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) Your usage, service and account data will be retained for a minimum period of three years following the date of your last communication/interaction with us, and for a maximum period of ten years following the date of your last communication/interaction with us.
(b) Your publication data will be retained indefinitely unless you specifically ask us to remove it.
(c) Your enquiry data will be retained for a period of five years following the date of you submitting your information with us, unless you subsequently become a client at which point section 6.3(d) applies.
(d) Your customer relationship data will be retained for a minimum period of three years following the date of your last communication/interaction with us, and for a maximum period of ten years following the date of your last communication/interaction with us.
(e) Your transaction data will be retained for eight years following the end of Mark Hewitson Photography’s tax year in which the transaction was completed. This is to allow us to comply with any HMRC investigations we may become subject to.
(f) Your notification data will only be used to subscribe you to a mailing/marketing list should you specifically opt-in. In this case, the data will be retained until you request we remove you from any such lists.
(g) Your correspondence data will be retained for a period of two years following the date of your last communication/interaction with us.
6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on our legitimate interests, namely the proper administration of our website and business.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person and/or our business.
7. Amendments
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy by email or through the private messaging system on our website.
8. Your rights
8.1 In this Section 8, we 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 our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access 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, we will supply 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 a copy of the personal data we hold on you by writing to: Mark Hewitson Photography, 3-4 Rycote Lane Farm, Rycote Lane, Thame, OX9 2NZ.
8.4 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.
8.5 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 and transaction data being held for HMRC compliance.
8.6 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; we no longer need the personal data for the purposes of our 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, we may continue to store your personal data. However, we 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.
8.7 You have the right to object to our 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, we will cease to process the personal information unless we 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.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our 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.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are a 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 us 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.
8.11 If you consider that our 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.
8.12 To the extent that the legal basis for our 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.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us.
9. About cookies
9.1 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.
9.2 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 at the end of the user session, when the web browser is closed.
9.3 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.
10. Cookies that we use
10.1 We use cookies for the following purposes:
(a) Authentication – we use cookies to identify you when you visit our website and as you navigate our website.
(b) Status – we use cookies to help us to determine if you are logged into our website.
(c) Personalisation – we use cookies to store information about your preferences and to personalise the website for you.
(d) Security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.
(e) Advertising – we use cookies to help us to display advertisements that will be relevant to you
(f) Analysis – we use cookies to help us to analyse the use and performance of our website and services
(g) Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally
11. Cookies used by our service providers
11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://policies.google.com/privacy.
11.3 We use Facebook to operate a social media business page. Our website may place a ‘Facebook Pixel’ on your browser. This allows us to use Facebook advertising to target people who have previously visited our website. You can view Facebook’s privacy policy at https://www.facebook.com/privacy/policy.
You can adjust your Facebook advertising preferences here: https://www.facebook.com/ads/preferences/
11.4 We operate a number of other social media pages (Twitter, Instagram, 500px, Google Plus). It is your responsibility to follow or unfollow us on those platforms of your own free will. We do not utilize the advertising services of these platforms.
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) Chrome;
(b) Firefox;
(c) Opera;
(d) Internet Explorer;
(e) Safari; and
(f) Edge.
12.2 Blocking all cookies will have a negative impact on the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Mark Hewitson Photography Limited
13.2 We are registered in England and Wales under registration number 10277788, and our registered office is at 3-4 Rycote Lane Farm, Rycote Lane, Thame, Oxfordshire, OX9 2NZ.
13.3 Our principal place of business is at 3-4 Rycote Lane Farm, Rycote Lane, Thame, Oxfordshire, OX9 2NZ.
13.4 You can contact us:
(a) by post, to the postal address given above
(b) using our website contact form
(c) by telephone, on 01844 278015
(d) by email, using [email protected]
14. Data protection officer
14.1 Our data protection officer’s contact details are:
Name: Mark Hewitson
Address: 3-4 Rycote Lane Farm, Rycote Lane, Thame, Oxfordshire, OX9 2NZ
Telephone: 01844 278015
Email: [email protected]
