Data protection is of the utmost importance here at Carly Fenn Photography, and we do whatever we can to ensure data is secure. The use of the Carly Fenn Photography website (https://carlyfenn.co.uk) is possible without any indication of personal data; however, if a data subject wants to use special services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, email address, or phone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Carly Fenn Photography. By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Carly Fenn Photography has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone or by post.

Definitions

The data protection declaration of Carly Fenn Photography is based on the terms used by the European legislator for the adoption of the General Data Protection Regulations (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use the following terms:

Personal data – Personal data is any information relating to an identified or identifiable natural person (also known as a data subject). An identifiable natural person is one who can be identified (directly or indirectly), in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject – Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

Processing – Processing is any operation or set of operations that are performed on personal data or on sets of personal data. It doesn’t matter whether or not this is done manually or by automated means.

Restriction of processing – Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

Profiling – Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person. Profiling can be used to analyse or predict aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation – Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Controller or controller responsible for the processing – Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body that determines the purposes and means of the processing of personal data.

Processor – Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient – Recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. Public authorities that receive personal data in the framework of a particular enquiry shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Third party – Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent – Consent of the data subject is any freely given, specific, informed and unambiguous indication that the data subject signifies agreement to the processing of personal data relating to them.

Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is Carly Fenn.

Email: Contact Carly Fenn.
Website: https://carlyfenn.co.uk

Cookies

The Carly Fenn Photography website uses cookies, which are text files that are stored on your computer by your web browser. Many websites and web servers use cookies to store information. Cookies contain a cookie ID, which is a unique identifier of a specific cookie. It consists of a character string where web pages and web servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited our websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.

How are cookies used?

Through the use of cookies, Carly Fenn Photography can provide users of the website with more user-friendly services that would not be possible without cookies being used. Cookies are often used to track website visitor activity, but they do have other uses. When you visit a website, the web server generates a cookie that acts as an ID (identification) card. Every time to revisit a website, your web browser sends the cookie back to the server.

Only the website that generates a cookie can read it, so other web servers are unable to access your information from other cookies. Additionally, web servers can only use whatever information is stored within the cookie, it doesn’t have access to anything else.

The data subject may, at any time, prevent cookies being generated by changing the setting of your web browser. You can decide if you want first party cookies and third party cookies to be enabled or disabled . Cookies that have already been generated can be deleted at any time by clearing the history log for your chosen web browser. This option is available in all major web browsers like Firefox, Internet Explorer, Google Chrome, Edge and Opera. If the data subject deactivates the setting of cookies in the Internet browser then some parts of our website may not work as they rely on the use of cookies.

Cookies set by Google

Cookie Name Expires Description
__utma 2 years from set/update Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.
__utmt 10 minutes Used to throttle request rate.
__utmb 30 mins from set/update Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing utmb cookies exists. It is updated every time data is sent to Google Analytics. It does not expire if the visitor closes the browser window or navigates to other websites within the 30 minute timeframe.
__utmc End of browser session Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
__utmz 6 months from set/update Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.
__utmv 2 years from set/update Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.
_ga 2 years from set/update Used to identify unique users
_gat 1 minute
__utmx 18 months Used to determine a user’s inclusion in a Google Optimise experiment.
__utmxx 18 months Used to determine the expiry of Google experiments that a user has been included in.

Cookies set by WordPress

Cookie Name Expires Description
Your user name 2 weeks from set/update
A double-hashed copy of your password 2 weeks from set/update Used to throttle request rate.
wordpress_logged_in_{hash} 2 weeks from set/update Used to throttle request rate.
A double-hashed copy of your password Until you logout Used to indicate when you’re logged in, and who you are, for most interface use
wp-settings-{time}-{UID} Until you logout
comment_author_{hash} 1 year from set/update
comment_author_email_{hash}
comment_author_url_{hash}

Collection of general data and information

The website of Carly Fenn Photography collects a series of general data and information when a data subject or automated system visits the website. This general data is stored in the web server log files.

What general data is collected?

  • the web browser types and versions used
  • the operating system used by the device visiting the website
  • the website from which an accessing system reaches our website (referrers)
  • the date and time of access to our website
  • the IP address of your device
  • the Internet Service Provider of the accessing system, and
  • any other similar data and information that may be used in the event of attacks on our systems

Why do you need this general data?

When using these general data and information, Carly Fenn Photography does not draw any conclusions about the data subject. The information is needed to:

  • deliver the content of our website correctly
  • optimise the content of our website as well as any advertisements used
  • ensure the long-term viability of our IT systems and website technology, and
  • provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack

Contact possibility via the website

Our website contains information that enables users to contact us and we display our postal address, telephone and email address on our contact us page. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

Rights of the data subject

  • a) Right of confirmation – Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
  • b) Right of access – Each data subject shall have the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time. You can submit a data access request to us and we have 30 calendar days to comply with your request. We usually respond to emails within 48 hours but to compile the report about what information is stored, collected and processed would take longer.The European directives and regulations grant the data subject access to the following information:
    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer of information.

  • c) Right to Rectification – Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
  • d) Right to be Forgotten – Each data subject shall have the right granted by the European legislator to request the erasure of personal data concerning them without undue delay. The controller shall have the obligation to erase personal data where one of the following grounds applies, as long as the processing is not necessary:
    • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6 of the GDPR, or point (a) of Article 9 of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8 of the GDPR.

    If one of the aforementioned reasons apply, and a data subject wishes to request the erasure of personal data stored by Carly Fenn Photography then they can contact us. An employee of Carly Fenn Photography shall check the proof of identity records before handling the erasure request is complied with immediately.

    The right to be forgotten isn’t an absolute right – we may have a legal obligation to store personal information for several years to comply with other legislation. The controller, taking account of available technology and the cost of implementation, shall take reasonable steps to inform other controllers processing the personal data that the data subject has requested erasure.

  • e) Right to restriction of processing – Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Carly Fenn Photography, he or she may at any time contact any employee of the controller. The employee of Carly Fenn Photography will arrange the restriction of the processing.

  • f) Right to data portability – Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.In order to assert the right to data portability, the data subject may at any time contact any employee of Carly Fenn Photography.
  • g) Right to object – Every data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.Carly Fenn Photography shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.If Carly Fenn Photography processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Carly Fenn Photography to the processing for direct marketing purposes, Carly Fenn Photography will no longer process the personal data for these purposes.In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning them by Carly Fenn Photography for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of Carly Fenn Photography. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making (including profiling) – Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Carly Fenn Photography shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Carly Fenn Photography.
  • i) Right to withdraw data protection consent – Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Carly Fenn Photography.

Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of Facebook. Facebook is a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space.

A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

With each visit to one of the pages on our website, which is operated by the controller and into which a Facebook component (Facebook plugins) was integrated, the data subject’s web browser is automatically prompted to download and display the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plugins may be accessed under https://developers.facebook.com/docs/plugins. During the course of this technical procedure, Facebook is made aware of what specific page of our website was visited by the data subject.

If the data subject is logged in to Facebook at the same time as visiting our website, Facebook detects every page viewed on our website by the data subject—and for the entire duration of their stay on our website. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the visit to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then they may prevent this by logging off their Facebook account before visiting other websites.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy, provides information about the collection, processing and use of personal data by Facebook. In addition, they explain what settings Facebook offers to protect the privacy of the data subject. Different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate unwanted data transmission to Facebook.

Data protection provisions about the application and use of Google Analytics (with anonymisation function)

On this website, the controller has integrated the component of Google Analytics (with the anonymiser function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects data about the website from which a person has come (a referrer), what pages were visited, or how often and for what duration a web page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.

For the web analytics through Google Analytics the IP address of the data subject is anonymised when accessing our website. The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information to evaluate the use of our website. This allows the controller to produce online reports, which show the activities on our website, how long people stayed on the website, what content is popular etc. No personally identifiable information is stored within Google Analytics.

Google Analytics places a cookie on the device being used by the data subject. With the setting of the cookie, Google is allowed to analyse the use of our website. During your visit to our website,  Google gains knowledge of personal information, such as the IP address of the data subject, which allows Google, to understand the origin of visitors.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our web pages, personal data, including the IP address of the device used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass this personal data collected through the data subjects visit to our website to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding settings change in their web browser and permanently prevent cookies from being stored. This change to the web browser would also prevent Google Analytics from setting a cookie on the device used by the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser.

How can I stop Google Analytics collecting and processing my personal data?

In addition, the data subject has the possibility of objecting to a collection of data that is generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google. The data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it.

This browser add-on tells Google Analytics, that any data and information about the data subject’s visits may not be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the device of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) of the GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) of the GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.