New Privacy Rules for photographers
Unfortunately, GDPR (due to take effect on 25th May 2018) isn't the most clear set of rules when it comes to photographers...
The law seems very much geared toward big corporations rather than small businesses like wedding or portrait photographers - but the new rules hit us particularly hard because they're so ambiguous.
In practice, if you've always been careful with clients details and general privacy you may not need to change much about how you do business.
Please feel free to use this as inspiration, bearing in mind that it's not been written by a lawyer but make sure to customise it completely to your business - we conduct our wedding photography businesses very differently to most photographers, so if you copy this directly you might be causing yourself trouble!
It's been suggested that the law will be heavily refined and perfected over the next 12 months to give greater clarity, so be ready to adapt to those changes if/when they come.
1. What information is being collected?
1.1 – We will collect a specific set of information before, during and after your booking with _______ Photography and use any of our services. This includes, but is not limited to:
• The names, addresses and telephone number of the person(s) using our service.
• Details provided by you, and notes taken by us throughout a photoshoot/wedding or other service provided that are related to your service(s) and your customer experience.
1.2 – If you email us or send us messages via social media, these messages are stored within our email system or social media accounts. These messages and contact details are stored for as long as needed to allow us to provide you with the services you engage us in as well as ongoing customer service.
2. Who is collecting your information?
2.1 – This data is being collected by _______ Photography. We use a secure server to hold our email conversations including any personal data you choose to send us, including your email address.
2.2 – If you decide to order any printed/physical products, we may need to pass your delivery data (Name and address) to the Album/print providers.
3. How is your information collected?
3.1 – The only personal data we collect is the data you choose to give us. If you choose to contact us, we will ask you to provide us with details such as your name, your partners name, wedding details and your email address
3.2 – You may choose to share, via email, details such as your physical home or work address for use in delivering your images or albums.
3.3 – When committing to a booking, you will be required to fill out a booking form/contract hosted by a secure, private third party.
4. Why is your information collected?
4.1 – The data we collect is used solely in relation to providing the service(s) you have ordered, or have commissioned to be ordered on your behalf.
4.2 – Any additional data we collect is to help provide you with a better customer service experience.
4.3 – We are required by law to collect and store certain information relating to any order you place with us.
5. How will your information be used?
5.1 – Data we collect will be used by _______ Photography to enable us to provide our services and products to you.
5.2 – Your data will not be shared with any third party without prior consent unless this is necessary for the execution or delivery of your service(s).
5.3 – _________ Photography may internally analyse data for business and forecast purposes.
5.4 – _________ Photography has a legitimate interest in using images taken in relation to your booking and may use these images in the following ways :
• On social media for promotion & advertising purposes.
• On our website for promotion & advertising purposes.
• For marketing materials (business stationery, flyers, business cards etc)
• For publications such as wedding blogs and wedding magazines.
5.5 – You will, at any point in time, be able to request the removal of these images from online sources if your personal circumstances change, or you feel that this is in violation of your professional agreement. For printed media we will seek your consent prior to sending for print as, once distributed, we will be unable to recall printed media.
6. Who will your information be shared with?
6.1 – We take the privacy of your information very seriously. We do not sell your information to third party organisations. We will not share your information with any third party unless the is necessary for the execution or delivery of your service(s) to you. These include:
• Delivery and Postage Service Providers; to allow us to send you documentation and orders you have placed. Information shared includes name and address. In some cases an email address or mobile number will be required by third party service providers.
• Manufacturers (for example our printing labs); if we are sending an order directly to you from a third party provider. Information shared includes name and address. In some cases an email address or mobile number will be required by service providers.
• Legal Requirements – we will provide data to law enforcement agencies if issued with a court order to do so.
7. How will this affect you?
7.1 – We collect, store and process your information in such a way that should have no negative effect on you as an individual.
8. How long is your information stored?
8.1 – Personal data collected for paying clients is stored indefinitely. This is to allow us to provide a better service to you as a customer in the event that you contact us again in the future.
8.2 – We are legally obligated to store some data for a minimum amount of time, for example sale and payment records and booking forms/contracts.
8.3 – If you choose to contact us and provide the personal data required to initiate an enquiry, but choose not to hire us – we will endeavour to delete your data in a timely manner.
9. Access to stored data.
9.1 – If, as an existing client, you have any questions about the data we hold about you, please contact us directly.
Note – upon our response to your first use of our contact form, you will be provided with our contact details which you may use to contact us directly at any time.
9.2 – You may request a copy of any data we store about you – and we will comply with any requests as per the guidance of the Information Commissioner’s Office.
10. More information.
10.1 – If you would like any clarification on how we collect, store or process your data – please contact us directly.
10.2 – If you would like further information on the legal guidelines we operate within or have any concerns about how we use your data, please consult https://ico.org.uk
11. Our Details
11.1 – This business is owned and operated by ________, trading as _______ Photography. Please contact us through the contact form on the website or the contact information we have previously shared with you.
As I've previously mentioned - I'm not a lawyer, so do your own research. I've created my GDPR policy based on my personal understanding of the new rules but I hope this might help you to understand them for yourself too!