Privacy Policy
This privacy policy has been established for this website and all related webpages controlled by This Moment Portraits, and governs the privacy of its visitors and their personal information. This policy explains how This Moment Portraits complies with the EU’s GDPR (General Data Protection Regulation) legislation and the DPA (Data Protection Act). This policy explains areas of this website that may affect the privacy and personal details of its visitors, including how This Moment Portraits processes, collects, manages, and stores those details. This policy explains how This Moment Portraits adheres to your rights under the GDPR and DPA.
CONTACTING THIS MOMENT PORTRAITS
This website collects private user data using the webform on the Contact page (https://thismomentportraits.mypixieset.com/contact/), which generates names and email addresses. This information is sent to thismomentportraits@gmail.com. This information is also stored on the server of the business's host website, Pixieset. The information is only accessible by the business owner and site administrator, Amanda Rae Meeks (dba Amanda Rae Dalrymple). This information is not made publicly available, is not made available for sale, and is not available to individuals by request.
Subsequent business interactions with clients may result in the collection of electronic signatures, payment history, and/or additional contact information such as phone numbers, social media profiles, and home addresses. This information is sent to thismomentportraits@gmail.com and may be stored on the server of the business's host website, Pixieset.
By clicking 'submit' on the contact webform listed above, the client understands that they are hereby consenting to This Moment Portraits contacting their selected email address(es). This Moment Portraits will make every attempt to respond to inquiries within 72 hours of receiving the inquiry.
Client contact information may occasionally be collected from social media, or in-person during seasonal markets or other events. When the client has opted to contact This Moment Portraits via these means of communication, information collected is similarly protected, as outlined in the next section.
SOCIAL MEDIA POLICY & USAGE
This Moment Portraits adopts a safe and responsible Social Media Policy. This Moment Portraits manages 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. This Moment Portraits may occasionally request contact information using social media direct/private messaging services in order to learn how to contact clients outside of social media (including email addresses and/or phone numbers). Clients are not required to provide this information via social media and can opt to provide this information to the business's email address instead (thismomentportraits@gmail.com). Users are advised to conduct themselves appropriately when engaging with This Moment Portraits on social media. The information is only accessible by the business owner, who is also the business' social media administrator. This information is not made publicly available, is not made available for sale, and is not available to individuals by request.
EMAIL MARKETNG
This Moment Portraits does not engage in email marketing specific to its services. Personal details will not be used for such marketing purposes nor will they be shared with any third parties for such marketing purposes. To the business owner's knowledge, the business's host website, Pixieset, does not share personal details with third parties for marketing purposes.
CLIENT GALLERIES
This Moment Portraits creates a client gallery for each client, for whom edited photos are delivered as part of the services contracted. This Moment Portraits' client galleries are hosted by Pixieset. While private galleries may require a randomly-generated password for gallery access, no entry of personal data will be needed to access a client gallery, whether public or private.
All photos in client galleries are watermarked and can only be downloaded without watermarks with a PIN, which is randomly generated by the host website and provided to the client by the business owner. Download PINs are provided only to the client directly; should the client choose to share download PINs with anyone else, they take full responsibility for the photo access, downloading, and/or sharing that may result.
This Moment Portraits maintains copyright ownership over all photos posted in client galleries; however, clients are given printing rights for personal use only to photos they download from said galleries. Should the client choose to share photos with third-party printing services, social media sites, or otherwise, they do so with the understanding that This Moment Portraits has no control over those third-party services. This Moment Portraits cannot influence or be held responsible for third-party use of client images or client information.
EXTERNAL WEBSITE LINKS & THIRD PARTIES
This Moment Portraits takes every precaution to include safe and relevant external links on its webpages; however, users are advised to click any external web links with caution. This Moment Portraits cannot guarantee or verify the contents of any externally linked website, despite best efforts employed. Users should be aware that they click on external links at their own risk. This Moment Portraits cannot be held liable for any damages or implications caused by visiting any external links mentioned.
CLIENT DATA HELD ON FILE
This Moment Portraits is diligent and careful about the processes pertaining to managing and storing personal data on local physical and web-based systems. This Moment Portraits may hold any of the following personal data of clients on local systems within soft-copy forms and related soft-copy client planning documents: i) names, ii) addresses, iii) phone numbers, and/or iv) email addresses. Soft copy forms and related planning documents are stored safely within a password-protected home office computer (accessed only by the business owner), and backups may be stored on encrypted external hard drives. Similarly, client photos are stored within a password-protected home office computer (accessed only by the business owner) and backups may be stored on encrypted external hard drives.
Identifying information, client photos, and/or backups of this information will be held on file in perpetuity while This Moment Portraits is actively in business, for the purpose of allowing clients continued access to their photos after their business with This Moment Portraits has concluded, per the Service Terms & Conditions Agreement. Client information and/or photographs will be deleted from local files wherever possible by the client's explicit request, as delineated in the 'Withdrawal of Consent' section of this policy, below.
CLIENTS AND 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." This Moment Portraits will never photograph an individual as a means of unique identification or authentication, unless consensually contracted to do so. The rights of guests who appear in portraits, videos, or other images captured by This Moment Portraits as a part of the visual recording of an event are protected by This Moment Portraits as detailed in this privacy policy.
Clients and guests are photographed within the parameters of GDPR legislation on the basis of "legitimate interests." Photographs and videos captured of clients and guests (when considered a form of personal data processing) is necessary for the legitimate interests of This Moment Portraits as a photography business. If an adequate reason is provided to This Moment Portraits concerning the protection of a given individual's personal data, those legitimate interests of the business are overridden. Operating within the parameters of legitimate interests as laid out in GDPR legislation, the disproportionate effort involved with providing privacy policy information to all guests present at a photography session, and the degree to which it would distract the business from performing its contracted service, renders it infeasible to do. Clients are therefore requested in their Terms & Conditions Agreement to direct their guests to read this privacy policy in advance of the photographed event/session, and to advise them to contact This Moment Portraits in advance with any concerns around the processing of their personal data.
PROMOTIONAL USE OF IMAGES
This Moment Portraits reserves the right, with the client's consent, to use select photographs for promotional purposes in order to enable continued work and/or business growth. (Ref: Section 3, Model Release Clause in This Moment Portraits' Terms and Conditions Agreement.) Photographs may be displayed on the business's website, blog, social media, and/or printed brochures or flyers which promote the services of This Moment Portraits. Photographs may occasionally be submitted to lifestyle photography blogs, lifestyle photography and related websites, and/or magazine articles, if the images are used lawfully and without damage to This Moment Portrait's client(s). The rights of the people captured in these photographs are protected by This Moment Portraits as detailed in this privacy policy. This Moment Portraits respects the privacy of every client; therefore, promotional use of images will never include other identifying information, such as the client's name, location, etc. Clients are also able to withdraw consent to having their images shared for promotional use at any time.
WITHDRAWAL OF CONSENT
Anyone photographed by This Moment Portraits, whether a client or guest, and whether past or current, may withdraw consent for a photograph in which they appear to be publicly displayed, even if they previously authorized consent. The process for this is to email This Moment Portraits at thismomentportraits@gmail.com, specifying the photo(s) in question. After receiving that request, This Moment Portraits will make every attempt to remove the photo(s) from known online and/or printed display. If it is not possible to guarantee complete removal of the photo(s) from public display, This Moment Portraits will explain the reason in writing, along with the steps that were taken to remove the photo(s) where possible.
If clients do not wish for their email address(es) and/or other personal information details to be kept on file by This Moment Portraits, they must clearly state so in writing when corresponding with the business. This Moment Portraits will make every attempt to remove this information from the host website, local systems, and otherwise, where known.