Data Protection

Eric Rene Penoy

Contact

E-Mail:ericrenepenoy@gmail.com

What is happening when you send your details regarding your future project : (Wedding/Elopement/Photo Session)
We consent to Eric-Rene Penoy collecting and processing our details. By sending a message “You guarantee full compliance with all the provisions of the Law to protect privacy, explicitly confirming our careful adherence to the provisions of the current Consolidated Law and, subsequently, of the GDPR Regulation n.679 / 2016 and to what follows. At any time, you can contact the data controller: Eric Rene Penoy for any information, correction, variation or deletion you want on your data. At https://www.ericrenepenoy.com/by-the-law.”

Liability for Links

My offer includes links to external third party websites. I have no influence on the contents of those websites, therefore I cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time I get knowledge of them.

Copyright

Contents and compilations published on these websites by the providers are subject to Portuguese copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.

The commercial use of my contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform me. Such contents will be removed immediately.

MORE ABOUT THE NEW GPDR LAW
IMPORTANT INFORMATION - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Please read these Terms of Use ("Terms") carefully. The following is a legal agreement between you ("user") and Eric Rene Penoy. By using my Website and the Services and information offered on my Website, you are agreeing to these terms and conditions

Definitions

Services means Photography services

the Website means the website www.ericrenepenoy.com

I etc means Eric Rene Penoy and any affiliates, providers.

Accuracy of content

I have taken proper care and precautions to ensure that the information I provide on this Website is accurate. However, I cannot guarantee, nor do I accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to my forum (if any) or make any public comments on this Website which are, in my opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then I may at my discretion, refuse to publish such comments and/or remove them from the Website.

I reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Indemnification for loss or damage

You agree to indemnify Me and hold Me harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate my copyright material other than as permitted by law. Specifically, you must not use or replicate my copyright material for commercial purposes unless expressly agreed to by Me, in which case I may require you to sign a Licence Agreement.

If you wish to use content, images or other of my intellectual property, you should submit your request to me at the following email address:

www.ericrenepenoy.com

Trademarks

The trademarks and logos contained on this Website are trademarks of Eric Rene Penoy. Use of these trademarks is strictly prohibited except with my express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that I endorse or approve of the linked Website, it’s contents or any associated website, product or service. I accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to my articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on my part in respect to your website, unless I have expressly agreed in writing. I may withdraw my consent to you linking to my site at any time by notice to you.

Limitation of Liability

I take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to my Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of my Services are provided without a warranty with the exception of any warranties provided by law. I am not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or my Services.

Information Collection

Use of information you have provided me with, or that I have collected and retained relating to your use of the Website and/or my Services, is governed by my Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view my Privacy Policy and read more about why I collect personal information from you and how I use that information, click here.

Confidentiality

All personal information you give me will be dealt with in a confidential manner in accordance with my Privacy Policy. However, due to circumstances outside of my control, I cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the UE. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

I retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

PRIVACY POLICY

At all times I will endeavour to protect your personal information.
This Privacy Policy contains information on how I collect, use, disclose, store and deal with your personal information.
If you need any further information pertaining to a privacy matter, you should contact me at: ericrenepenoy@gmail.com.

I may also use this information for other reasonably expected purposes directly related to the main purpose of collection, including: dealing with your enquiries and customer service purposes; market analysis and product analysis and development; marketing other products and services to you; staff training and for any other reasonably expected purpose.

For all other uses or disclosure, I will obtain your consent.
If you do not provide all or part of the information requested, the consequences of this may be that I may not be able to carry out my services to you at all.

What personal information do I need to collect from you?

I may collect information including your name, address, contact phone and e-mail details.

Internet traffic data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. I collect no personally identifying information through this process, and it is used to help analyse user traffic with respect to various services available through Eric Rene Penoy Wedding Photographer Website to allow for a more customised and enjoyable user experience.

Cookies
I use “cookies” on these Site. A cookie is a piece of data stored on a site visitor’s hard drive to help me improve your access to my site and identify repeat visitors to my site. For instance, when I use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on my site. Cookies can also enable me to track and target the interests of my users to enhance the experience on my site. Usage of a cookie is in no way linked to any personally identifiable information on my Site.

How do I collect it?

I will collect personal information only by lawful and fair means and not in an unreasonable or intrusive way. This may be by way of online forms, emails or via telephone request.

I will only collect personal information about an individual, where it is reasonable and practicable for us to do so, from that individual only.

If I collect personal information about you from someone else, I will take reasonable steps to ensure that you are aware or have been made aware of the matters listed above (except to the extent that making you aware of these matters would pose a serious threat to the life or health of any individual).

I are the sole owners of the information collected on the Website. I only have access to/collect information that you voluntarily give me via email or other direct contact from you. I will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

I will use your information to respond to you, and will not share your information with any third party outside of my organisation, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask me not to, I may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Anti-spam policy
I will never rent or sell your personal information, including your email address.

Opting out of receiving marketing material
If you don’t want to receive newsletters, marketing promotions and offers, you can opt out by contacting me at: ericrenepenoy@gmail.com

I will still need to send you essential information, such as invoices and accounts.

Updating your personal information
I take all efforts to ensure that the information I hold about you is accurate, complete and up-to-date. Largely I rely on you for the accuracy and completeness of the personal information you provide to me. You will need to let me know of any changes to your personal information so that I can update my records and ensure my records are accurate. You can update your personal information by logging into your account online and following the instructions or by emailing me your updated details at: [insert email address here].

Secure storage of your personal information
Keeping your personal information secure is a high priority. I take all reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure.

If your information is no longer needed, I take all reasonable steps to destroy or permanently de-identify your personal information.

You are able to request your personal information, the purposes for which it is held, how it was collected, how it is held, used and disclosed by submitting a request in writing to:-

My contact details
Eric Rene Penoy
At ericrenepenoy@gmail.com

Eric Rene Penoy Wedding Photographer takes your privacy and the handling of your data seriously. In order to comply with the General Data Protection Regulation there may be times when you will be asked to specifically opt in to receiving communication from us and to sharing your data.

Any data collected, including, but not limited to, your names, email addresses and mailing address are used solely in the provision of photographic services, are stored securely on a purpose built database and are never shared with any third parties.

In the case of an initial enquiry we will ask for details including your name(s), email addresses, wedding date and venue(s) in order to provide a quote and an indication of availability. This will be stored for an initial period of 6 months in order to respond to enquiries promptly and to best serve potential clients.

In the case of a confirmed booking, as part of the contract between both parties, we will request certain information, including your mailing address and your signature in addition to the above.

In order to create and deliver photographic services and to deliver the comprehensive coverage seen in my portfolio, it is also necessary that we store images of your likeness, both of yourselves as signatories and, in the case of weddings, of your families and guests, as both jpg and RAW files on secure storage. These are stored separately from your full names and other data, and the two are never associated.

Your right to access

You are able to request, on demand, all data that Eric Rene Penoy, as a business, holds on you. This will be provided as an electronic report.

Your right to be forgotten

You have the right to withdraw your consent to have your data stored at any time. If you choose to do this, please email ericrenepenoy@gmail.com stating so.

Our GDPR Privacy Policy in full:

1. Introduction

1.1 We are committed to safeguarding the privacy of Eric Rene Penoy website visitors and customers

1.2 This policy applies where we are acting as a data controller with respect to the personal data of Eric Rene Penoy website visitors and customers

1.3 In this policy, “we”, “us” and “our” refer to Eric Rene Penoy

2. How we use your personal data

2.1 In this Section 2 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

(d) the legal bases of the processing.

2.2 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 Google Analytics. 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.

2.3 We may process your personal data that is provided as part of an enquiry about our services (“enquiry data”). The enquiry data may include your name, contact telephone number and email address. for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent, namely taking steps, at your request, to provide information about our availability and services.

2.4 We may process your personal data that is provided in the course of the use of our services (“service data”). The service data may include your name, contact telephone number and email address. The service data may be processed for the purposes of providing our services, maintaining back-ups of our databases 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.

2.5 We may process information that you provide for publication on our website or social media (“publication data”). The publication data may be processed for the purposes of enabling such publication and marketing our website and services. The legal basis for this processing is consent.

2.6 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your contact details, and information contained in communications between us and you. 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 consent.

2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us. (“transaction data”). The transaction data may include your contact 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. 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 and our legitimate interests, namely the proper administration of our website and business.

2.8 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.

2.9 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.

2.10 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.

2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, 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.

2.12 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1 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.

3.2 We may disclose your contact details to our suppliers or subcontractors insofar as reasonably necessary to deliver sub-contracted services or product orders. The legal basis for this processing is consent.

3.3 Financial transactions relating to product orders are handled by our services provider, shootproof.com.

3.4 In addition to the specific disclosures of personal data set out in this Section 3, 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.

4. Transfers of your personal data

4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred, including to countries outside the European Economic Area (EEA).

4.2 The hosting facilities for our website are situated in UK.

4.3 The location of our Image Editing service is situated in UK. Transfers to our image editor will be protected by appropriate safeguards, namely use of a GDPR compliant transfer service (Dropbox)

4.4 The location of our Image Hosting service is situated in USA. Access to this service will be GDPR compliant

4.5 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.

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 We will retain your personal data as follows:

(a) Invoices, contact and contract details will be retained for a maximum period of 6 years (statute of limitations) following final delivery of services
(b) Planning information, wedding details and customer notes will be kept for a minimum of one year and a maximum of two years

5.4 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.

6.3 We will notify you of significant changes to this policy by email.

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;

(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. You can request your personal data by contacting us.

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. About cookies

8.1 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.

8.2 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.

8.3 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.

9. Cookies that we use

9.1 We use cookies for the following purposes:

(a) analysis – we use cookies to help us to analyse the use and performance of our website and services

10. Cookies used by our service providers

10.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

10.2 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/.

11. Managing cookies

11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.

11.2 Blocking all cookies will have a negative impact upon the usability of many websites.

12. Our details

12.1 This website is owned and operated by Eric Rene Penoy

12.2 We are registered in Portugal

and our registered office is at Rua Joao Allen 155. 4200-007 Porto

12.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

13. Data protection officer

13.1 Our data protection officer’s contact name is: Eric Rene Penoy

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”. Eric Rene Penoy 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 Eric Rene Penoy 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 Eric Rene Penoy 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 Eric Rene Penoy 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 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.

SOCIAL MEDIA POLICY & USAGE

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. We will never ask for personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.

DISPLAY OF IMAGES

We may display photographs to promote Eric Rene Penoy on the Eric Rene Penoy website and blog, on social media, on wedding blogs, on wedding photography related websites, in exhibitions, in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to Eric Rene Penoy’s client(s). The rights of the people captured in these photographs are protected by Eric Rene Penoy as detailed in this privacy policy. Potential clients will be asked to give permission for this as part of the contractual agreement before any work is undertaken.

WITHDRAWL OF CONSENT

Anyone photographed by Eric Rene Penoy, whether a client or wedding guest, and whether past or current may withdraw consent for a photograph in which they appear to be displayed. The process for this is to email Eric Rene Penoy at ericrenepenoy@gmail.com specifying the photo in question. Persuant to the request, Eric Rene Penoy will then remove the photo from online and printed display wheresoever it appears at the earliest opportunity.