Draft - Subject to OAIC Approval
Did you know?
There is a law all about cookies? Yup. There is. You can read more about it on the OAIC website if you are inclined. It’s very boring, so if you are an insomniac do head over there. They also have details of the rules for something called "Australian Privacy Principles (APP) guidelines". They are lengthy and boring too.
The short version of it is that I have decided to opt-in to the Privacy Act to assure you that I value the trust you place in sharing information with me and in return I commit to apply the high standards that larger organisations in Australia are held to. I respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
You may change your details at any time by advising me in writing via email.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
COOKIES AND PIXELS
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of www.jonathanwood.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of www.jonathanwood.com.au, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
How Jonathan Wood Photography uses your information.
My basic rule of thumb is “how would I feel if my information was treated like that?” So whilst I do use contact details that you give me to send marketing information to you, I always give you easy ways to unsubscribe if you wish. I don’t share your name, email details or anything else with anyone else. I always like to be a good guy!
If you send me an email, or if you use the ‘contact’ page you may wonder what happens to your details. Actually, it is very simple. In both cases I see an email from you in my inbox. I will reply to that email, if a reply is needed. If you sign up for a newsletter then I store that on MailChimp to allow me to send emails to you.
When you enquire about a photo session I will add you to my database and I will follow up with you as needed. And because I also use email marketing I will add you to my email list for my newsletter, if you have opted in. If you don’t want emails from me in the future either don’t tick the box when you contact me or unsubscribe when I send you an email – there is always an unsubscribe link.
The official stuff.
The kinds of personal information that I collect and hold.
I only get what you send me. Usually details like name/address/email address/phone number and of course things to do with your photo requirements – venue, date, how many people and so on.
Who is collecting it?
Me! Ok, not always me. If you sign in to my gallery to view images a company called Sticky Folios looks after that for me. If you actually order prints online another company (Sim Imaging) does the orders for me and therefore your details get into their systems and they’ve got their own privacy policies.
How I collect personal information.
There are a few places that your information can get in to “my system”. You might phone me. You might email me. You might use my contact form. You might register to view a gallery. You might place an order. You might fill in a form on another website that then sends me information. In each case I only collect what you give me. That’s usually contact details so that I can talk to you about the photography you are looking for.
How you hold personal information.
I put this all into my Customer Relationship Management (CRM) system – something called HeyNed – and I use it to prompt me to do things like follow up with you, to send you contracts and so on. It actually reminds me to do things like check back if you’ve not booked a viewing session or something. I can’t remember to do everything, after all!
The purposes for which you collect, hold, use and disclose personal information.
Essentially I keep everything I need to help me to help you in online systems accessible through my computer and my phone so that I can “do” your photography. Without my CRM system I wouldn’t be able to do such a smooth job.
Once the photography is complete then the images and slideshows are stored safely in an online archive (through Smugmug); personalised apps on Sticky Folios; and contact details on my marketing database (MailChimp). My invoices are recorded on my CRM system. All other detail is deleted.
Who will it be shared with?
Nobody. Nearly. As I said in “who is collecting it” – if you enter an order on my client system that goes to Wix.com and then to the company that does my printing for those orders. They keep the data simply to fulfil the orders. If you order products through me then the order is detailed on my CRM system, but the order is placed in my name.
What will be the effect of this on the individuals concerned?
Well other than me doing a smoother job for my clients, I can’t think of one!
Is the intended use likely to cause individuals to object or complain?
Not that I can see. If it were me I would expect my details to go into a system for any order I make. This is no different.
How an individual may access their personal information and seek correction of it.
You can ask us or third parties to stop sending you marketing messages at any time by emailing us at firstname.lastname@example.org
That’s the official stuff done.
(Well nearly – I have to put the “small print” in here too – that’s below!)
As I say I try not to share details that you give to me with anyone else. I hate it when it happens to me and I will not sell/give your information away. “But Jonathan, I’m only on your site because you contacted me!” If that is the case then I was provided with your email address by something like a referral from a friend or at an event (Santa's Grotto?) that you attended and you said that you were happy to be contacted by suppliers. Or maybe you were at a networking event with me and handed me your card to contact you – in which case you’ve probably added me to your list too!
If you do not want further contact with me please simply email me and I will take you off my list, or hit that unsubscribe link in the email.
Oh and if you look at my testimonials page you’ll see stuff written by other clients. If you are kind enough to send me a thank-you card or other feedback then I am likely to scan it and put it up on that page and plaster it all over Facebook/Instagram/Twitter… it’s lovely when people thank me and I like to share that!
Since I originally wrote this Facebook has gained prominance as has Google (yes I wrote it a long time ago!). I use Facebook for marketing and if you visit my website and have a Facebook userid they will know (somehow – don’t ask me!). It’s just like if you visit Amazon and look at a pair of shoes and they miraculously appear elsewhere. I may appear on Facebook if you come here. Magic. Ditto Google. I do use Google adverts too.
The other cookies we use are MailChimp ones in our email campaigns so that we know if our emails are even being looked at!
The only other time we gather your data is if you buy images from one of my galleries. The details there are used, again, for email marketing and… well for sending you what you’ve purchased. My galleries are looked after by company that specialises in galleries and my orders are looked after by another company that looks after printing products for me.
But I do not like cookies!
Links to other sites
Where you do find links on this site they have been put there because we think they may have something of use to you.
The small print!
Ok, despite wanting to keep my privacy notice smooth and simple there are some legal niceties to cover.
Website privacy notice
This privacy notice provides you with details of how we collect and process your personal data through your use of our site
By providing us with your data, you warrant to us that you are over 18 years of age.
Jonathan Wood Photography is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are:
Full name of legal entity: Jonathan Wood T/as Jonathan Wood Photography
Email address: email@example.com
Postal address: Amberley House, The Cleave, Harwell, Oxon OX11 0EL
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at firstname.lastname@example.org
WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground 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.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by emailing us at firstname.lastname@example.org
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
Service providers who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers
Government bodies that require us to report processing activities.
Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at email@example.com
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.