Updated 10 July 2019

Our website address is: https://pictureyouphotography.co.uk.

Personal information collected online may be combined with information you provide to us through other sources. We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

DOES PICTURE YOU LTD SHARE PERSONAL INFORMATION WITH OTHERS?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorise them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it. If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behaviour, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorised interception.

HOW IS PERSONAL INFORMATION SECURED?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorised personnel and third-party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorised persons will not obtain access to your personal information.

LINKS

This site contains links to other sites that provide information that we consider to be interesting. Picture You Ltd is not responsible for the privacy practices or the content of such web sites.

HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at jo@pictureyoultd.com.

CHILDREN’S PRIVACY

Picture You Ltd will not intentionally collect any personal information (such as a child’s email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

CHANGES

Picture You Ltd reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by Picture You Ltd or about our website practices, please contact us at: jo@pictureyoultd.com.

Data Protection Addendum – Updated 10 July 2019

This Data Protection Addendum, henceforth referred to as the “Addendum”, is entered into by and between Picture You Ltd, henceforth referred to as “Picture You Ltd”, and the customer agreeing to this Addendum, henceforth referred to as the “Customer”.

This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.

If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:

  • You have read and understood this Addendum
  • You have full legal authority to bind yourself, or the applicable entity, to these Terms
  • You agree, on behalf of the party you represent, to this Addendum.

If you do not have the legal authority to bind Customer, please do not “Sign/Accept/Opt IN”.

1. Intro:

This Addendum sets out terms that will apply to Picture You Ltd processing of Customer’s Personal Data under the Privacy Policy Agreement executed by Picture You Ltd and Customer.

2. Definitions:

Terms Defined by the General Data Protection Regulation (GDPR):

  1. “Addendum Effective Date” is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
  2. “Adequate Country” is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
  3. “Data Subject” is defined as the identified or identifiable person who is the subject of Personal Data.
  4. “Personal Data” is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
  5. “Processing” is defined by the applicable EU Data Protection Law and “process”, “processes” and “processed” will be interpreted accordingly.
  6. “Data Controller” is defined as the party that determines the purposes and means of the Processing of Personal Data.
  7. “Data Processor” is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
  8. “Data Transfer Mechanism” is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
  9. “Data Protection Laws” are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
  10. “Data Protection Authority” is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
  11. “EEA” means the European Economic Area, United Kingdom, and Switzerland.
  12. “EU Data Protection Law” means
  13. Prior to 25th May 2018, European Union Directive 95/46/EC; and
  14. On and after 25th May 2018, European Union Regulation 2016/679 (“GDPR”)
  15. References to “written instructions” and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of
  16. The terms of the Agreement and this Addendum,
  17. Processing enabled by Data Controller through the Service, and
  18. Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
  1. “Model Contracts” are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the Picture You Ltd Workspace.
  2. “Security Incident” is defined as any unauthorised or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data in Data Processor’s control.
  3. “Subprocessor” is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
  4. “Third Party” shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorised to Process the data.
  5. Other capitalised terms not defined herein have the meanings given in the Agreement.

Terms Defined by Picture You Ltd with Respect to GDPR:

  1. “Data Subjects” are defined to include the individuals about whom data is provided to Picture You Ltd via the Services by (or at the direction of) the Customer.
  2. “Details of Processing Subject Matter” is defined as the subject matter of the data processing under this Addendum is the Customer Data.
  3. “Duration of the Processing” is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by Picture You Ltd in accordance with the terms of the Addendum.
  4. “Nature and Purpose of the Processing” is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of Picture You Ltd’s obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
  5. “Categories of Data” is defined as data relating to individuals provided to Picture You Ltd when Customers sign up, login, use the product, interact with the website, and interact with the ads.
  6. “Security Measures” are defined as the measures that Picture You Ltd agrees to use. They are commercially reasonable technical and organisational measures designed to prevent unauthorised access, use, alteration, or disclosure of the Service or Customer Data.

3. Termination:

  1. This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
  2. All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
  3. This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
  4. This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.

4. Scope and Applicability of this Addendum:

  1. This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
  2. This Addendum applies where and to the extent that Picture You Ltd processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
  3. This Addendum applies where and to the extent that Picture You Ltd processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.

5. Role and Scope of the Processing:

  1. Customer will act as the Data Controller and Picture You Ltd will act as the Data Processor under this Addendum. Both Customer and Picture You Ltd shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
  2. Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, Picture You Ltd shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. Picture You Ltd shall act only in accordance with Customer’s instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
  3. Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
  4. Notwithstanding the above, Customer acknowledges that Picture You Ltd shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
  5. Picture You Ltd shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. Picture You Ltd shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws.
  6. For clarity, nothing in this Addendum limits Picture You Ltd from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.

6. Subprocessing:

  1. Picture You Ltd ’s obligations under this Addendum shall apply to Picture You Ltd ’s employees, agents and Subprocessors who may have access to the Personal Data.
  2. Customer agrees that Picture You Ltd is authorised to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that Picture You Ltd :
  3. Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
  4. Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause Picture You Ltd to breach any of its obligations under this Addendum.
  5. Information about Subprocessors, including their functions and locations, is available on request and may be updated by Picture You Ltd from time to time in accordance with this Addendum.

7. Security:

  1. Picture You Ltd shall implement and maintain appropriate technical and organisational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with Picture You Ltd ‘s security standards.
  2. Customer is responsible for reviewing the information made available by Picture You Ltd relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Picture You Ltd may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
  3. Picture You Ltd shall ensure that any person who is authorised by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.

8. Onward Transfer:

  1. Picture You Ltd may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Picture You Ltd , its affiliates or Subprocessors maintain data processing operations.
  2. To the extent that Picture You Ltd processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
  3. The parties agree that Picture You Ltd is the “data importer” and Customer is the “data exporter” under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
  4. The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that Picture You Ltd adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).

9. Regulatory Compliance:

  1. At Customer’s request and expense, Picture You Ltd shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
  2. Picture You Ltd shall (at Customer’s expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to Picture You Ltd, Picture You Ltd] shall not respond to such communication directly without Customer’s prior authorisation unless required by Data Protection Laws.

10. Reviews of Data Processing:

  1. At Customer’s request, Picture You Ltd shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm Picture You Ltd ’s compliance with this Addendum.
  2. Picture You Ltd will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities.
  3. Except as expressly required by Data Protection Laws, any review under this Section 10 will:
  4. Be conducted no more often than once per year during Picture You Ltd ’s normal business hours, in a manner so as not to interfere with standard business operations;
  5. Be subject to Picture You Ltd ’s reasonable confidentiality and security constraints;
  6. Be conducted at Customer’s expense; and
  7. Not extend to any information, systems or facilities of Picture You Ltd ’s other customers or its Third Party infrastructure providers.
  8. Any information provided by Picture You Ltd under this Section 10 constitutes Picture You Ltd ’s Confidential Information under the Agreement.

11. Return or deletion of data:

  1. Picture You Ltd shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer’s choice, all of the Personal Data from Picture You Ltd ’s systems. Within a reasonable period following deletion, at Customer’s request, Picture You Ltd will provide written confirmation that Picture You Ltd ’s obligations of data deletion or destruction have been fulfilled.
  2. Notwithstanding the foregoing, the Customer understands that Picture You Ltd may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.

12. Additional Security:

  1. Upon becoming aware of a confirmed Security Incident, Picture You Ltd shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, Picture You Ltd is not required to make such notice to the extent prohibited by Data Protection Laws, and Picture You Ltd may delay such notice as requested by law enforcement and/or in light of Picture You Ltd ‘s legitimate needs to investigate or remediate the matter before providing notice.
  2. Each notice of a Security Incident will include:
  3. The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
  4. A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
  5. The scope of the Security Incident, to the extent known; and
  6. A description of Picture You Ltd ‘s response to the Security Incident, including steps Picture You Ltd has taken to mitigate the harm caused by the Security Incident.
  7. Picture You Ltd shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorised access or disclosure.

13. Changes to Subprocessors:

When any new Subprocessor is engaged, Picture You Ltd will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email.

14. Further cooperation:

  1. Where and when required by Data Protection Laws, Picture You Ltd will provide the relevant Data Protection Authorities with information related to Picture You Ltd ’s Processing of Personal Data. Picture You Ltd further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to Picture You Ltd ’s status in this respect shall be notified to Customer immediately either via email or in-app notifications.
  2. To the extent Picture You Ltd is required under Data Protection Laws, Picture You Ltd shall (at Customer’s expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.

Cookie Policy – Updated 10 July 2019

What are “cookies”?

“Cookies” (also known as HTTP cookies, web cookies or browser cookies) are simply small pieces of data, which are stored as text files on your computer, whenever you visit certain websites. Their typical purpose is to help sites remember particular actions you may have done there in the past. For example, cookies may track when you have logged into a site, visited certain pages or clicked certain buttons.

Websites maintained by Picture You Ltd use cookies to improve your user experience. In many cases, cookies are even essential for certain features of a site.

For example, we use cookies to:

  • Remember your user preferences, searches and favourites.
  • Track your usage of a site, via Google Analytics©.
  • Track the success of our marketing campaigns.

Are cookies harmful?

Cookies cannot harm you or your computer. They cannot contain viruses, cannot install harmful software and cannot damage your computer in any way. Although [Your Studio]  uses cookies to gather encrypted information to improve your user experience, this information is never personally identifiable. We do not use cookies to store any sensitive information, such as name, address or contact details.

Despite this, if you do wish to disable or remove cookies, please see the “Help” section of your browser or mobile device. Each browser or device handles the management of cookies differently, so you will need to refer to your appropriate “Help” documentation. However, as mentioned, please be aware that cookies are essential for certain features of a Picture You Ltd site to work properly.

Why are we telling you this?

The information provided here on the use of cookies on Picture You Ltd websites demonstrates our compliance with recent cookie legislation. We also want you, as a valued Picture You Ltd website user, to fully understand your privacy, how cookies affect you and to be entirely comfortable with your Picture You Ltd website experience.

We trust that this information eases any concerns you may have had about your privacy and safety with cookies. BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO BE SUBJECT TO THE TERMS OF THIS COOKIES POLICY AND OUR USE OF COOKIES AS DISCLOSED IN THIS POLICY.

What cookies do we use and why?

The following shows the full list of platform cookies used throughout Picture You Ltd websites.

Use of Google Analytics

Google Analytics uses so-called “cookies,” i.e. text files that are stored on your device, enabling us to track and analyse your visit to our website.

You can prevent the storage of cookies on your device by changing the settings of your browser soft­ware accordingly; however, we point out that in this case you may not be able to fully use all functions on our website. Furthermore, you have the option of disabling the tracking of the data generated by the cookie and related to your use of the website (including your IP address) as well as processing of this data by Google, if you download and install the browser add-on available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en

You can disable the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set, which prevents the collection of your data on future visits to this website: Disable Google Analytics