Privacy Policy

1. Introduction
   1.1 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. 
   1.2 In this policy, “we”, “us” and “our” refers to Ian Kugler of Ian Kugler Photography.

1.3 The policy: This privacy policy is for this website; www.iankuglerphotography.co.uk and www.iankuglerphotography.com and governs the privacy of its visitors and their data. It explains how we comply with the EU’s GDPR (General Data Protection Regulation) legislation and the DPA (Data Protection Act).

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 and DPA are adhered to.

1.4 This website complies with the DPA (Data Protection Act 1998) and the GDPR (General Data Protection Regulation), effective from May 2018.

2. Credit
   2.1 This document was created using a template from SEQ Legal, and since further expanded.
3. How we use your personal data
   3.1 In this Section 3 we have set out: 
   (a) the general categories of personal data that we may process; 
   (b) the purposes for which we may process personal data; and 
   (c) the legal bases of the processing. 
   3.2 We may 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 our analytics tracking system. 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 personal data that are provided in the course of the use of our services (“service data“). The service data may include your name, email address, preferences or any data provided by you. The service data may be processed for the purposes providing our services, ensuring the security of our website and services and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. 
   3.4 We may process information that you post for publication 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 our legitimate interests, namely the proper administration of our website and business. 
   3.5 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. The legal basis for this processing is consent. 
   3.6 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 the relevant notifications and/or newsletters. The legal basis for this processing is consent. 
   3.7 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 our legitimate interests, namely the proper administration of our website and business and communications with users. 
   3.8 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. 
   3.9 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. 
   3.10 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. 
   3.11 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 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. 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. Retaining and deleting personal data
   5.1 This Section 5 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. 
   5.2 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. 
   5.3 Notwithstanding the other provisions of this Section 5, 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.
6. Amendments
   6.1 We may update this policy from time to time by publishing a new version on our website. 
   6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7. Your rights
   7.1 In this Section 7, 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. 
   7.2 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. 
   7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to 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 to you 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. 
   7.4 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. 
   7.5 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. 
   7.6 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. 
   7.7 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. 
   7.8 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. 
   7.9 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. 
   7.10 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 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. 
   7.11 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. 
   7.12 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. 
   7.13 You may exercise any of your rights in relation to your personal data by written notice to us.
8. Cookies used by our service providers
   8.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website. 
   8.2 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://www.google.com/policies/privacy/.

9. Email marketing & Downloadable Content

9.1 Ian Kugler Photography offers downloadable content and operates an email newsletter program, used to inform subscribers, clients and past clients about products and services supplied by Ian Kugler Photography. By providing your data to Ian Kugler Photography and this website, you are agreeing to this data to be used as noted in this privacy policy.

9.2 Data providers (subscribers, clients and past clients) are agreeing to receive occasional seasonal and ad-hoc information relating to products and services, including offers.

9.3 Some subscriptions may be manually processed through prior written agreement with the user. Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003.

9.4 All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998.

9.5 No personal details are passed on to third parties nor shared with companies/people outside of the company that operates this website or for any other reason outside of basic legitimate interest relating to the running of the business, which includes third-party software used in the running of Ian Kugler Photography. 

9.6 Under the Data Protection Act 1998 you may request a copy of personal information held about you by Ian Kugler Photography. A small fee will be payable. If you would like a copy of the information held on you please email your request to hello@iankuglerphotography.co.uk.

9.7 Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list]. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity. In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign.

9.8 If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will be detailed instead. If both of these methods for whatever reason fail, please request to be unsubscribed by putting “Unsubscribe to mail” in the subject field and email hello@iankuglerphotography.co.uk.

10. Client Galleries 

10.1 Ian Kugler Photography creates a client gallery for each client to whom photos are delivered as part of the services contracted. Ian Kugler Photography’s client galleries are externally hosted by Pic Time. Their privacy policy can be found here: https://www.pic-time.com/privacy-policy

10.2 To visit a Ian Kugler Photography client gallery you will be required to enter personal data (namely your email address) and a password.

10.3 Your personal data (email address) will be stored within Pic Time’s system, on their servers and will be used to email you up to a maximum of five times and only with information relevant to the client gallery you have accessed e.g. to inform you of a discount offer on gallery purchases.

10.4 Any such emails sent to you will only be during the 12 month period for which the gallery is live. After 12 months has passed since a gallery was created it is automatically deleted and your personal data (email address) is completely removed from Pic Time’s system.

10.5 Only Ian Kugler Photography will have access to your personal data (email address) stored on Pic Time’s system on behalf of Ian Kugler Photography. It will only be used as detailed above, will not be used for any other marketing purposes outside of those listed in this privacy policy and will not be passed onto any third parties.

10.6 Pic Time’s technical support team will have the means to access to your personal data (email address) but will never access or share this data other than by request from Ian Kugler Photography.

10.7 By logging into a Ian Kugler Photography client gallery you are agreeing to opt in to receive relevant, gallery-specific emails as described above. Emails are automated so if you do not wish to receive such emails it is advised that you do not log into any Ian Kugler Photography client galleries.

10.8 If you wish to request for your personal data (email address) to be deleted from Pic Time’s servers, please email hello@iankuglerphotography.co.uk.

11. External website links and third-party 

11.1 Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.

11.2 We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note that 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.

12. Adverts and sponsorship links

12.1 This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

12.2 Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive.

12.3 Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

13. How data is protected (security) 

13.1 We are committed to ensuring that your information is secure.

13.2 In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. 

14. Payments

14.1 We do not store credit card details nor do we share such customer details with any 3rd parties.

14.2 We operate a no-refund policy. A volunteer refund policy will solely be at the discretion of Ian Kugler Photography without any justification. 

15. Clients and wedding guests captured in photos

15.1 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”.

15.2 Ian Kugler 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 Ian Kugler 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 Ian Kugler Photography as detailed in this privacy policy.

15.3 In terms of explicit GDPR compliance, Wedding clients and guests are photographed within the parameters of GDPR legislation on the basis of ‘legitimate interests’.

15.4 The taking of photographs of wedding guests when viewed as a form of processing personal data is necessary for the legitimate interests of Ian Kugler Photography as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests. In these cases, a written agreement must be in place prior to the contracted event which both the individual in question and Ian Kugler Photography sign and agree to. 

15.5 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.

16. Social media policy and usage 

16.1 We adopt a safe and responsible Social Media Policy. While we may have official profiles on social media platforms, users are advised to verify the authenticity of such profiles before engaging with, or sharing information with such profiles. 

16.2 Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

16.3 Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details.

16.4 This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

16.5 This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. 

17. Display of images 

17.1 We may display any photographs to promote Ian Kugler Photography on the Ian Kugler Photography website and blog, on social media, YouTube, on blogs, on photography related websites, in advertising, brochures, magazine articles, exhibitions, galleries, and other such material, providing that the images used are used lawfully and without damage to Ian Kugler Photography’s client(s).

17.2 The rights of the people captured in these photographs are protected by Ian Kugler Photography as detailed in this privacy policy.

17.3 All rights over the display and use of photos taken by Ian Kugler Photography remain exclusively and solely with Ian Kugler Photography with no other individual, organisation or body having rights of work of Ian Kugler Photography.

17.4 Where a client of Ian Kugler Photography pays for and has written formal permission from Ian Kugler Photography explicitly listing the terms of use of an individual photo or a set of photos; only then will permission for limited use of Ian Kugler Photography’s work be legally agreed. 

18. Our details
    9.1 This website is owned and operated by Ian Kugler of Ian Kugler Photography.
    9.2 You can contact us: 
    (a) using our website contact form; 
    (b) by email, using hello@iankuglerphotography.co.uk.