Information pursuant to Articles 13, 14, and 21 of the EU General Data Protection Regulation (GDPR)
Preamble
We are committed to informing you about the processing of your personal data and your rights and claims under data protection regulations. The specific types of data processed and their uses are determined by the services you have requested or agreed upon with us.
1. Data Controller and Contact Information
The data controller is:
Sean Lewis
Edmonton, Alberta, Canada
sean@lewisphoto.ca
2. Sources and Categories of Data
We process personal data that we receive from you in the course of our business relationship. Additionally, we may process personal data obtained from other sources (e.g., schools and day-care centers) to the extent necessary for the provision of our services and in compliance with applicable laws. We may also process personal data obtained from publicly available sources. The personal data may include contact details (name, address, telephone number, and email address) and order-related information. It may also include data generated during the fulfillment of our contractual obligations, such as advertising and sales data, documentation data, and data on your use of our services.
3. Purposes and Legal Basis for Processing
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR).
3.1 Fulfillment of Contractual Obligations (Art. 6(1)(b) GDPR)
We process personal data for the provision of photographic services, including the sale and delivery of captured images and photo products. This processing is necessary for the performance of our contracts and to fulfill your orders.
3.2 Legitimate Interests (Art. 6(1)(f) GDPR)
In certain cases, we may process personal data beyond the scope of the contract to protect our legitimate interests or those of third parties. This may include activities such as advertising, market research, legal claims and defense, IT security, crime prevention, business management, and product development.
3.3 Consent (Art. 6(1)(a) GDPR)
If you have provided us with your consent for specific processing purposes (e.g., publication or use of images), the legality of such processing is based on your consent. You have the right to revoke your consent at any time.
3.4 Legal Obligations (Art. 6(1)(c) GDPR) or Public Interest (Art. 6(1)(e) GDPR)
We may also process personal data to fulfill legal obligations or in the public interest, as required by applicable laws.
4. Recipients of Personal Data
In the course of providing our services, your personal data may be disclosed to those who need the data to fulfill our contractual and legal obligations. We may also engage processors (Art. 28 GDPR) who receive personal data for processing on our behalf. These may include IT service providers, production companies, logistics providers, telecommunications companies, and payment processors. Data may be transferred to external recipients only if permitted by law, with your consent, or if we are authorized to do so. Recipients of personal data may include public authorities and institutions in compliance with legal obligations. Other recipients may include those to whom you have granted consent or waived your right to object.
5. Data Retention Period
We process and store your personal data as long as necessary to fulfill our contractual obligations. Additionally, we are subject to various retention and documentation requirements, which can range from two to ten years. The storage period is also determined by statutory limitation periods, which can extend up to thirty years in certain cases.
6. Transfers to Third Countries or International Organizations
Data transfers to countries outside the European Economic Area (EEA) will occur only if necessary for the performance of our contractual obligations, required by law, or if you have provided consent. We will inform you separately about the details if required by law. For print orders placed through this service, data will be transmitted within Canada.
7. Your Data Protection Rights
You have the right to access (Art. 15 GDPR), rectify (Art. 16 GDPR), erase (Art. 17 GDPR), restrict (Art. 18 GDPR), and receive your personal data (Art. 20 GDPR). In addition, you have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).
8. Provision of Data
In the context of our business relationship, you are required to provide only the personal data necessary for the establishment, execution, and termination of the relationship or as required by law. Failure to provide this data may result in our inability to enter into or execute the contract.
9. Notification of Important Events
If you register to receive email and/or SMS notifications from us, the data you provide will be used solely for this purpose. Your consent to receive notifications, including your IP address, will be logged. The data will be used exclusively for sending notifications and will be shared with third parties only for delivery purposes. You can revoke your consent to the processing of your personal data and the use of your data for notifications at any time.
10. Third-Party Functions
10.1 Cookies
We use cookies to analyze your website usage. You can prevent the storage of cookies by adjusting your browser settings, but please note that this may limit certain functions of the website. We use third-party cookies, such as Google Analytics, Google Adwords, New Relic Inc., and gotphoto.co.uk. For more information, please refer to the respective privacy policies.
10.2 Social Media Plugins
Our website features social media plugins from Facebook, Twitter, Pinterest, WhatsApp, and Google Plus. These plugins allow the transfer of information, including personal data, to the respective social media providers. We use a 2-click solution to prevent the unconscious and unwanted collection and transmission of data. The collection and use of data by the providers are subject to their respective privacy policies.
As of: July 8, 2023
Right to Object
According to Art. 21 GDPR
11. General Right to Object
You have the right to object, on grounds relating to your particular situation, to the processing of your personal data based on Art. 6(1)(f) GDPR. We will cease processing your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.
12. Right to Object to Direct Marketing
You have the right to object at any time to the processing of your personal data for direct marketing purposes. If you object, we will no longer process your personal data for such purposes.
13.Contact Information for Exercising Your Data Protection Rights
If you wish to exercise your data protection rights or have any questions regarding the processing of your personal data, you can contact us using the following details:
Sean Lewis Edmonton, Alberta, Canada Email: sean@lewisphoto.ca
We will promptly review and respond to any requests or concerns regarding your personal data.
14. Data Security
We implement appropriate technical and organizational measures to ensure the security of your personal data and protect it against unauthorized access, loss, or alteration. These measures are regularly reviewed and updated to meet the evolving challenges of data security.
15. Changes to the Privacy Policy
We reserve the right to modify or amend this Privacy Policy at any time. Any updates or changes will be effective upon posting the revised version on our website. We encourage you to review this Privacy Policy periodically to stay informed about how we process and protect your personal data.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the province of Alberta, Canada. Any legal disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in the province of Alberta, Canada.
17. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and the Privacy Policy. If you do not agree with any part of this Agreement, please refrain from using our services.
If you have any questions or concerns regarding this Agreement or the processing of your personal data, please contact us at the provided contact information.
