PRIVACY POLICY
FOR THE UNITED KINGDOM
This policy sets out the basis on which Desi
Fontaine Photography, UK collects personal data from you and how we process
such data.
By visiting our website https://desifontaine.co.uk
(our “Site”), you accept and
consent to the practices set out below.
1 Collection of information
1.1 For the purposes outlined in Clause
2, we may collect and process the following information about you:
(a) Information you give us –
information that you provide us (which may include your name, address, email
address, telephone number, credit card information and other personal
description) by filling in forms on our site, or by corresponding with us (by phone,
email or otherwise), for example:
(i) when you report any problem;
(ii) when you use certain features on our site;
(iii) when you request any support from us; or
(iv) when you complete any survey or questionnaire we send you.
(b) Information we collect about you –
information automatically collected when you visit our site, for example:
(i) technical information, including the
Internet protocol (IP) address used to connect your computer to the Internet
and your log-in information, browser type and version, time zone setting,
browser plug-in types and versions, operating system and platform;
(ii) information about your visit, including the full Uniform Resource Locators
(URLs), products you viewed or searched for, page response times, download errors,
length of visits to certain pages, page interaction information (such as
scrolling, clicks, and mouse-overs), methods used to browse away from the page,
and any phone number used to call our customer service number; and
(c) Information we receive from third
parties – we work with third parties and we may receive information about you
from them, for example, business partners, sub-contractors in technical,
payment and delivery services, advertising networks, analytics providers,
search information providers, or credit reference agencies. We will notify you
when we receive information about you from them and the purposes for which we
intend to use that information.
1.2 I only retain personal data for so
long as it is necessary. Data may be archived as long as the purpose for which
the data was used still exists.
2 Uses made of the information
2.1 We use information held about you
for the following purposes:
(a) providing, improving and developing our
services;
(b) researching, designing and launching new features or products;
(c) presenting content and information in our site in the most effective manner
for you and for the device you use;
(d) providing you with alerts, updates, materials or information about our
services or other types of information that you requested or signed up to;
(e) in any part of the world;
(f) responding or taking part in legal proceedings, including seeking
professional advice;
(g) communicating with you and responding to your questions or requests; and
(h) purposes directly related or incidental to the above.
3 Disclosure of your information
We will keep your personal data and hold
confidential but you agree we may provide information to:
(a) personnel, agents, advisers,
auditors, contractors, financial institutions, and service providers in
connection with our operations or services (for example staff engaged in the
provision of support services);
(b) persons under a duty of confidentiality to us;
(c) persons to whom we am required to make disclosure under applicable laws and
regulations in any part of the world;
4 Cookies
4.1 We use the following cookies:
(a) Analytical/performance cookies –
They allow us to recognise and count the number of visitors and to see how
visitors move around our site when they are using it. This helps us to improve
the way our site works, for example, by ensuring that users are finding what
they are looking for easily.
(b) Targeting cookies – These cookies record your visit to our site, the pages
you have visited and the links you have followed. We will use this information
to make our site and the information displayed on it more relevant to your
interests.
4.2 You can block cookies by activating
the setting on your browser that allows you to refuse the setting of all or
some cookies. However, if you do so, you may not be able to access all or parts
of our site.
4.3 We may use third-party web services
on our site. The service providers that administer these services use
technologies such as cookies (which are likely to be analytical/performance
cookies or targeting cookies), web server logs and web beacons to help us
analyse how visitors use our site and make the information displayed on it more
relevant to your interests.
The information collected through these
means (including IP addresses) is disclosed to these service providers. These
analytics services may use the data collected to contextualise and personalise
the marketing materials of their own advertising network.
5 Third-party sites
Our site or our communication with you
may from time to time contain links to third-party websites over which we have
no control. If you follow a link to any of these websites, please note that
they have their own practices and policies. We encourage you to read the
privacy policies or statements of these websites understand your rights. We
accept no responsibility or liability for any practices of third-party
websites.
6 Security
6.1 All information you provide to us is
stored on a secure server.
6.2 We restrict access to personal
information to service providers and contractors on a strictly need-to-know
basis and ensure that those persons are subject to contractual confidentiality
obligations.
6.3 We review our information
collection, storage and processing practices from time to time to guard against
unauthorised access, processing or use.
6.4 Please note, however, the
transmission of information via the Internet is not completely secure. Although
we will do our best to protect your personal data, we cannot guarantee the
security of your data transmitted to our site; any transmission is at your own
risk.
7 Data transfer
7.1 The data that we collect from you
may be transferred to, and stored at, a destination outside England and Wales
and the EU. Persons referred to in Clause 3 above who operate outside England
and Wales may also process it.
7.2 By submitting your personal data you
agree to this transfer, storing or processing of data outside England and
Wales. We will take all steps reasonably necessary to ensure that your data is
treated securely in accordance with this privacy policy.
8 Your rights
8.1 You have the right to:
(a) check whether we hold personal data
about you;
(b) access any personal data we hold about you; and
(c) require us to correct any inaccuracy or error in any personal data we hold
about you.
8.2 Any request under Clause 8.1 may be
subject to a small administrative fee to meet our cost in processing your
request.
9 Changes to our privacy policy
We may amend this policy from time to
time by posting the updated policy on our site. By continuing to use our site
after the changes come into effect means that you agree to be bound by the
revised policy.
10
Contact us
If you have any questions, comments or
requests regarding personal data, please address them to:
Desi Fontaine Photography
desifontaine@icloud.com
Last updated: 22 May 2018
Privacy Policy
For European Union
We are very delighted that you have
shown interest in our company. Data protection is of a particularly high
priority for the management of Desi Fontaine Photography. The use of the
Internet pages of Desi Fontaine Photography is possible without any indication
of personal data; however, if a data subject wants to use special enterprise
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, e-mail address, or telephone 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 Desi
Fontaine 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, Desi Fontaine
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.
1.
Definitions
The data protection declaration of Desi
Fontaine Photography is based on the terms used by the European legislator for
the adoption of the General Data Protection Regulation (GDPR). The 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, inter alia, the following terms:
a) Personal data
Personal data means any information
relating to an identified or identifiable natural person (“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.
b) Data subject
Data subject is any identified or
identifiable natural person, whose personal data is processed by the controller
responsible for the processing.
c) Processing
Processing is any operation or set of
operations which is performed on personal data or on sets of personal data,
whether or not by automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking
of stored personal data with the aim of limiting their processing in the
future.
e) Profiling
Profiling means 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, in particular to analyse
or predict aspects concerning that natural person’s performance at work, economic
situation, health, personal preferences, interests, reliability, behaviour,
location or movements.
f) 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.
g) 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 which, alone or jointly with others, determines the purposes and
means of the processing of personal data; where the purposes and means of such
processing are determined by Union or Member State law, the controller or the
specific criteria for its nomination may be provided for by Union or Member State
law.
h) Processor
Processor is a natural or legal person,
public authority, agency or other body which processes personal data on behalf
of the controller.
i) Recipient
Recipient is a natural or legal person,
public authority, agency or another body, to which the personal data are
disclosed, whether a third party or not. However, public authorities which may
receive personal data in the framework of a particular inquiry in accordance
with Union or Member State law 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.
j) 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.
k) Consent
Consent of the data subject is any
freely given, specific, informed and unambiguous indication of the data
subject’s wishes by which he or she, by a statement or by a clear affirmative
action, signifies agreement to the processing of personal data relating to him
or her.
2. 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:
Phone: 07768 516027
Email: desifontaine@icloud.com
Website: https://desifontaine.co.uk
3. Name and Address of the Data
Protection Officer
The Data Protection Officer of the
controller is:
Desi Fontaine
Waites Barn, Shepherds Way, Fairlight,
East Sussex
Phone: 07768 516027
Email: desifontaine@icloud.com
Any data subject may, at any time,
contact our Data Protection Officer directly with all questions and suggestions
concerning data protection.
3. Cookies
The Internet pages of the Desi Fontaine
Photography use cookies. Cookies are text files that are stored in a computer
system via an Internet browser.
Many Internet sites and servers use
cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique
identifier of the cookie. It consists of a character string through which
Internet pages and servers can be assigned to the specific Internet browser in
which the cookie was stored. This allows visited Internet sites 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
recognized and identified using the unique cookie ID.
Through the use of cookies, Desi
Fontaine Photography can provide the users of this website with more
user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information
and offers on our website can be optimised with the user in mind. Cookies allow
us, as previously mentioned, to recognise our website users. The purpose of
this recognition is to make it easier for users to utilise our website.
The data subject may, at any time,
prevent the setting of cookies through our website by means of a corresponding
setting of the Internet browser used, and may thus permanently deny the setting
of cookies. Furthermore, already set cookies may be deleted at any time via an
Internet browser or other software programs. This is possible in all popular
Internet browsers. If the data subject deactivates the setting of cookies in
the Internet browser used, not all functions of our website may be entirely
usable.
4.
Collection of general data and information
The website of Desi Fontaine Photography
collects a series of general data and information when a data subject or
automated system calls up the website. This general data and information are
stored in the server log files. Collected may be (1) the browser types and
versions used, (2) the operating system used by the accessing system, (3) the
website from which an accessing system reaches our website (so-called
referrers), (4) the sub-websites, (5) the date and time of access to the
Internet site, (6) an Internet protocol address (IP address), (7) the Internet
service provider of the accessing system, and (8) any other similar data and
information that may be used in the event of attacks on our information
technology systems.
When using these general data and
information, Desi Fontaine Photography does not draw any conclusions about the
data subject. Rather, this information is needed to (1) deliver the content of our
website correctly, (2) optimise the content of our website as well as its
advertisement, (3) ensure the long-term viability of our information technology
systems and website technology, and (4) provide law enforcement authorities
with the information necessary for criminal prosecution in case of a
cyber-attack. Therefore, Desi Fontaine Photography analyses anonymously
collected data and information statistically, with the aim of increasing the
data protection and data security of our enterprise, and to ensure an optimal
level of protection for the personal data we process.
The anonymous data of the server log
files are stored separately from all personal data provided by a data subject.
5.
Contact possibility via the website
The website of Desi Fontaine Photography
contains information that enables a quick electronic contact to our enterprise,
as well as direct communication with us, which also includes a general address
of the so-called electronic mail (e-mail address). If a data subject contacts
the controller by e-mail or via a contact form, the personal data transmitted
by the data subject are 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.
6.
Routine erasure and blocking of personal data
The data controller shall process and
store the personal data of the data subject only for the period necessary to
achieve the purpose of storage, or as far as this is granted by the European
legislator or other legislators in laws or regulations to which the controller
is subject to.
If the storage purpose is not
applicable, or if a storage period prescribed by the European legislator or
another competent legislator expires, the personal data are routinely blocked
or erased in accordance with legal requirements.
7. 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 his or her personal data stored at any time and a copy of
this information. Furthermore, 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
are 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. If a data subject
wishes to avail himself of this right of access, he or she may, at any time,
contact any employee of the controller.
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 erasure (Right to be forgotten)
Each data subject shall have the right
granted by the European legislator to obtain from the controller the erasure of
personal data concerning him or her without undue delay, and the controller shall
have the obligation to erase personal data without undue delay where one of the
following grounds applies, as long as the processing is not necessary:
- The personal data
are 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(1) of the GDPR, or point (a) of Article 9(2) 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(1) 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(2) 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(1) of the GDPR.
If one of the aforementioned reasons
applies, and a data subject wishes to request the erasure of personal data
stored by Desi Fontaine Photography, he or she may, at any time, contact any
employee of the controller. Desi Fontaine Photography shall promptly ensure
that the erasure request is complied with immediately.
Where the controller has made personal
data public and is obliged pursuant to Article 17(1) to erase the personal
data, the controller, taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical measures, to
inform other controllers processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or replication
of, those personal data, as far as processing is not required. An employee of Desi
Fontaine Photography will arrange the necessary measures in individual cases.
e) Right of 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 the
data subject for the establishment, exercise or defence of legal claims
requires them.
- 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 Desi Fontaine Photography, he or she may at any time
contact any employee of the controller. Desi Fontaine 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 Desi Fontaine Photography.
g) Right to object
Each 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.
Desi Fontaine 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 Desi Fontaine 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 Desi Fontaine
Photography to the processing for direct marketing purposes, Desi Fontaine
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 him or her by Desi Fontaine 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 Desi Fontaine 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 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, Desi
Fontaine 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 Desi Fontaine 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.
If the data subject wishes to exercise
the right to withdraw the consent, he or she may, at any time, contact Desi
Fontaine Photography.
8. Data
protection provisions about the application and use of Facebook
On this website, the controller has
integrated components of the enterprise 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.
The operating company of Facebook is
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person
lives outside of the United States or Canada, the controller is the Facebook
Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the
individual pages of this Internet website, which is operated by the controller
and into which a Facebook component (Facebook plug-ins) was integrated, the web
browser on the information technology system of the data subject is
automatically prompted to download display of the corresponding Facebook
component from Facebook through the Facebook component. An overview of all the
Facebook Plug-ins may be accessed under
https://developers.facebook.com/docs/plugins/. During the course of this
technical procedure, Facebook is made aware of what specific sub-site of our
website was visited by the data subject.
If the data subject is logged in at the
same time on Facebook, Facebook detects with every call-up to our website by
the data subject—and for the entire duration of their stay on our Internet
site—which specific sub-site of our Internet page was visited by the data
subject. 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 call-up 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 he or she may prevent this by logging off from their Facebook account
before a call-up to our website is made.
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, it is explained there what setting options Facebook
offers to protect the privacy of the data subject. In addition, 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 a data transmission to Facebook.
9. Data
protection provisions about the application and use of Google Analytics (with
anonymization function)
On this website, the controller has
integrated the component of Google Analytics (with the anonymizer function).
Google Analytics is a web analytics service. Web analytics is the collection,
gathering, and analysis of data about the behaviour of visitors to websites. A
web analysis service collects, inter alia, data about the website from which a
person has come (the so-called referrer), which sub-pages were visited, or how
often and for what duration a sub-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.
The operator of the Google Analytics
component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351,
United States.
For the web analytics through Google
Analytics the controller uses the application “_gat. _anonymizeIp”. By means of
this application the IP address of the Internet connection of the data subject
is abridged by Google and anonymised when accessing our websites from a Member
State of the European Union or another Contracting State to the Agreement on
the European Economic Area.
The purpose of the Google Analytics
component is to analyze the traffic on our website. Google uses the collected
data and information, inter alia, to evaluate the use of our website and to
provide online reports, which show the activities on our websites, and to
provide other services concerning the use of our Internet site for me.
Google Analytics places a cookie on the
information technology system of the data subject. The definition of cookies is
explained above. With the setting of the cookie, Google is enabled to analyze
the use of our website. With each call-up to one of the individual pages of
this Internet site, which is operated by the controller and into which a Google
Analytics component was integrated, the Internet browser on the information
technology system of the data subject will automatically submit data through the
Google Analytics component for the purpose of online advertising and the
settlement of commissions to Google. During the course of this technical
procedure, the enterprise Google gains knowledge of personal information, such
as the IP address of the data subject, which serves Google, inter alia, to
understand the origin of visitors and clicks, and subsequently create
commission settlements.
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 Internet site, such personal data, including the IP address of the
Internet access used by the data subject, will be transmitted to Google in the
United States of America.
Google in the United States of America
stores these personal data. Google may pass these personal data collected
through the technical procedure 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 adjustment of the web browser used and thus permanently deny the
setting of cookies. Such an adjustment to the Internet browser used would also
prevent Google Analytics from setting a cookie on the information technology
system of the data subject. In addition, cookies already in use by Google
Analytics may be deleted at any time via a web browser or other software
programs.
In addition, the data subject has the
possibility of objecting to a collection of data that are generated by Google
Analytics, which is related to the use of this website, as well as the
processing of this data by Google and the chance to preclude any such. For this
purpose, 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 through a
JavaScript, that any data and information about the visits of Internet pages
may not be transmitted to Google Analytics. Google considers the installation
of the browser add-ons an objection. If the information technology system 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. If the
browser add-on was uninstalled by the data subject or any other person who is
attributable to their sphere of competence, or is disabled, it is possible to
execute the reinstallation or reactivation of the browser add-ons.
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/.
10. Data
protection provisions about the application and use of Twitter
On this website, the controller has
integrated components of Twitter. Twitter is a multilingual,
publicly-accessible microblogging service on which users may publish and spread
so-called ‘tweets,’ e.g. short messages, which are limited to 140 characters.
These short messages are available for everyone, including those who are not
logged on to Twitter. The tweets are also displayed to so-called followers of
the respective user. Followers are other Twitter users who follow a user’s
tweets. Furthermore, Twitter allows you to address a wide audience via hash
tags, links or retweets.
The operating company of Twitter is
Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED
STATES.
With each call-up to one of the
individual pages of this Internet site, which is operated by the controller and
on which a Twitter component (Twitter button) was integrated, the Internet
browser on the information technology system of the data subject is
automatically prompted to download a display of the corresponding Twitter
component of Twitter. Further information about the Twitter buttons is
available under https://about.twitter.com/de/resources/buttons. During the
course of this technical procedure, Twitter gains knowledge of what specific
sub-page of our website was visited by the data subject.
The purpose of the integration of the
Twitter component is a retransmission of the contents of this website to allow our
users to introduce this web page to the digital world and increase our visitor
numbers.
If the data subject is logged in at the
same time on Twitter, Twitter detects with every call-up to our website by the
data subject and for the entire duration of their stay on our Internet site
which specific sub-page of our Internet page was visited by the data subject.
This information is collected through the Twitter component and associated with
the respective Twitter account of the data subject. If the data subject clicks
on one of the Twitter buttons integrated on our website, then Twitter assigns
this information to the personal Twitter user account of the data subject and
stores the personal data.
Twitter receives information via the
Twitter component that the data subject has visited our website, provided that
the data subject is logged in on Twitter at the time of the call-up to our
website. This occurs regardless of whether the person clicks on the Twitter
component or not. If such a transmission of information to Twitter is not
desirable for the data subject, then he or she may prevent this by logging off
from their Twitter account before a call-up to our website is made.
The applicable data protection
provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
11. Legal
basis for the processing
Art. 6(1) lit. a GDPR serves as the
legal basis for processing operations for which I 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 fulfilment
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) lit. f 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).
12. The
legitimate interests pursued by the controller or by a third party
Where the processing of personal data is
based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our
business in favour of the well being of all our employees and the shareholders.
16.
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 fulfilment of the
contract or the initiation of a contract.
17.
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 Desi Fontaine Photography. 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.
18.
Existence of automated decision-making
As a responsible company, we do not use
automatic decision-making or profiling.