Website Privacy Notice & Cookie Policy

The policy: This privacy policy is for this website https://www.traceymphotography.co.uk and served by Tracey M Photography (TMS Photography), 5 Eureka Road, Swadlincote, DE11 7NP; and governs the privacy of its users who choose to use it. It explains how we comply with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) [pre GDPR enforcement] and the PECR (Privacy and Electronic Communications Regulations).

This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR, DPA & PECR are adhered to. Additionally it will explain the use of cookies and the download of any documents, files or software made available to you (if any) on this website. Further explanations may be provided for specific pages or features of this website in order to help you understand how we, this website and its third parties (if any) interact with you and your computer / device in order to serve it to you. Our contact information is provided at the foot of this page if you have any questions.

The DPA & GDPR 25 May 2018

This website complies with the DPA (Data Protection Act 1998) and already complies with the GDPR (General Data Protection Regulation) which comes into effect from 25 May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.

1. Information We Collect

We may collect and process the following types of personal information:

  • Name, address, email address, and phone number

  • Client preferences and session/event details

  • Photographs and images taken during sessions/events.

  • Payment details for transactions

2. How We Use Your Information

We use your personal information for the following purposes:

  • To provide photography services as per your requests and preferences

  • To communicate with you regarding your sessions/events and enquiries

  • To process payments for our services

  • To deliver the final images and products to you

  • To comply with legal obligations and requests from authorities

  • To process orders that you have provided to us;

  • To comply with any contractual agreements we have with you;

  • To help us identify you and any account you hold with us;

  • To enable us to review, develop and improve the website and services;

  • To provide customer care, including responding to you if you contact us with a query;

  • To detect fraud and to make sure what you have told us is correct;

  • To carry out marketing and statistical analysis;

  • To notify you about changes to our website and services;

  • To provide you with information about services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; and

  • To inform you of service and price changes.

3. Data Retention

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy and to comply with legal requirements. After which, we will securely delete or anonymise your data.

4. Disclosure of Your Information

We may share your personal information with third parties in the following circumstances:

  • To fulfill photography orders and deliver products to you

  • To process payments through secure payment gateways

  • To comply with legal obligations and requests from authorities

5. Your Rights

You have the right to access, correct, or delete your personal information. If you wish to exercise any of these rights or have questions about your data, please contact us using the contact information provided in this Privacy Policy.

6 Data Security

We implement appropriate technical and organisational measures to protect your personal information from unauthorised access, accidental loss, or destruction.

7. GDPR Compliance

Tracey M Photography/TMS Photography complies with the General Data Protection Regulation (GDPR) and other relevant data protection laws. If you are a resident of the European Union, your personal information is processed lawfully based on one of the following lawful bases:

  • The processing is necessary for the performance of a contract with you.

  • The processing is necessary for compliance with a legal obligation.

  • The processing is based on your explicit consent.

8. Use of Cookies

This website uses cookies to better the user’s experience while visiting the website. As required by legislation, where applicable this website uses a cookie control system, allowing the user to give explicit permission or to deny the use of /saving of cookies on their computer / device.

What are cookies? Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.  For more information on the use of cookies please visit  http://www.allaboutcookies.org/

9. Website Visitor Tracking

This website uses tracking software to monitor its visitors, to better understand how they use it. The software will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.

10. Downloads & Media Files

Any downloadable documents, files or media made available on this website, and in addition via the Zenfolio/pic-time portal for client gallery downloads, are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available, users are advised to verify their authenticity using third party anti-virus software or similar applications.

11. Contact & Communication With us

Users contacting us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely via our data processor, the Studio Ninja log system, until a time it is no longer required or has no use.

Where we have clearly stated and made you aware of the fact, and only where you have given your express permission, we may use your details to occasionally send you products/services information through a mailing list system. 

If you wish to receive a copy any information held about you that you have provided to Tracey M Photography/TMS Photography in order for Our Privacy Policy Officer being Tracey Smith at Tracey M Photography/TMS Photography to respond to such contact in relation to services provided, then please email tracey@tmsphotography.co.uk

12. Email Mailing List & Marketing Messages

In the future we may operate an email mailing list program, used to inform subscribers about products, services and/or latest news. Users can subscribe through an online automated process only where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the DPA / GDPR regulations named above. Subscribers will be able to unsubscribe at any time through an automated online service, or if not available, other means as detailed in the footer of sent marketing messages. The type and content of marketing messages subscribers receive, and if it may contain third party content, will be clearly outlined at the point of subscription.

13. Where we Store Your Personal Data

Tracey M Photography/TMS Photography will use accepted standards to store and protect the personal data we collect, including the use of encryption if appropriate.

All data you provide to us is stored on our secured servers within the UK. In some circumstances, your information may be transferred to and stored in a country outside the EEA in relation to provision of the services. The laws in these countries may not provide you with the same protection as in the EEA; however, any 3rd party referred to above outside of the EEA has agreed to abide by European Data Protection laws (The Privacy Shield) in respect of the transfer of your data, processing and storage of any personal data. By giving your data to us, you consent to its transfer and storage. However, we will ensure that reasonable steps are taken to protect your data in accordance with this privacy policy.

Whilst measures such as encryption are in place and we use strict procedures and security features to prevent unauthorised access, the transfer of data via the internet can never be fully guaranteed. Therefore all data you transfer to this site is at your own risk.

Any sensitive data is encrypted and protected.

14. External Website Links & Third Parties

Although we only aim to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links (You Tube, Vimeo, venue or supplier sites) as and when and if they are mentioned on this website.

We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

15. Social Media Policy & Usage

We adopt a Social Media Policy to ensure our business is conducted accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with, or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.

There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page. You can find further information about some social media privacy and usage policies in the resources section below.

16. Resources & Further Information

• Data Protection Act 1998
• Privacy and Electronic Communications Regulations 2003
• Privacy and Electronic Communications Regulations 2003 – The Guide
• Twitter Privacy Policy
• Facebook Privacy Policy
• Google Privacy Policy 

17. Data Breaches

In the event of a data breach, Tracey M Photography shall ensure that the obligations under applicable data protection laws are complied with where necessary.

18. Security & Access Compliance

Tracey M Photography takes the security of personal data seriously and we make all efforts to protect the information against loss and unauthorised access. We use procedures to secure storage of personal information and work with our customers to protect the security of personal information during any transfer to us or from us. We use firewall technology to protect intrusion from unauthorised parties and we have processes in place, including password protection and cryptography to secure against such.

Our website security is constantly reviewed, all information is limited to authorised personnel only. Any loss, misuse, or alteration of personal information by contractors or other parties is strictly prohibited. If required, we will follow up by appropriate action. Furthermore, any contractors are bound by confidentiality and/or non-disclosure agreements.

Tracey M Photography may be required to disclose your personal information if specifically ordered to do so legally.

19. Use of the Identifiable Image

In accordance with GDPR regulations, clients have several options when it comes to image display. While it benefits this wedding photography business to be able to show new, regular and exemplary work via this site or corresponding social media channels, and/or to share these images with co-suppliers e.g. wedding venues, it is recognised that certain clients may benefit from limitations on this sharing and privacy will of course be respected.

20. Clients and Wedding Guests Captured in Photos

Under GDPR legislation, a photograph may in some instances constitute a form of personal data where they can be processed to allow “the unique identification or authentication of a natural person”. Tracey M Photography will never photograph an individual as a means of unique identification or authentication unless consensually contracted to do so. Guests at weddings appear in photos taken by Tracey M Photography as a part of the visual recording of the event in photos. Guests captured in portraits or in group photos do so as part of the event and their rights are protected by Tracey M Photography as detailed in this privacy policy.

In terms of explicit GDPR compliance, Wedding clients and guests are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’. The taking of photographs of wedding guests when viewed as a form of processing personal data is necessary for the legitimate interests of Tracey M Photography as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.

Operating within the parameters of legitimate interests as laid out in GDPR legislation, the disproportionate effort involved in providing privacy policy information to all wedding guests at the event and the degree to which it would distract us from performing our job renders it infeasible to do. Wedding clients are therefore requested in their contract to direct their guests to read this privacy policy in advance of the event and to advise them to contact us in advance with any concerns around the processing of their personal data, namely being photographed.

Under GDPR,  clients have the right to request any of the following: anonymised accompanying text; accompanying text to use initials of names only; online photograph samples showing unidentifiable images only; online photograph samples showing non-people images (details only); or to fully request no online images to be shared. In addition, clients may request in writing that identifiable and commissioned images be erased from online sources at any future point in time. Any image data will be used appropriately and with consent as per the opt in found via your contract.

21. Changes to our privacy notice

Tracey M Photography will keep this privacy notice under regular review and will place any updates on this webpage. This privacy notice was last updated on 17 February 2024  Contact Information: tracey@tmsphotography.co.uk