Privacy Policy

1. An introduction

This privacy policy serves Breathe Pictures Ltd and Neale James Photography, registered office PBA, Ramsbury House, 1B Charnham Lane, Hungerford RG17 0EY. This policy page explains how the company complies with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) and the PECR (Privacy and Electronic Communications Regulations). Breathe Pictures Ltd is the mother company for Neale James Photography, FitAs fitness photography and Neale James Voice Overs. Breathe Pictures Ltd is hereon in referred to as The Company.

The policy will explain areas of this website that may affect your privacy and personal details. Additionally, it will explain the use of cookies or software, advertising or commercial sponsorship from third parties. This policy was last updated on the 24th May, 2018.

If you have questions or would like to exercise your privacy rights, please contact the company via our contact form.

2. Website(s)

Our website(s), sell and showcase professional photography and film making services, voice services, books and materials which are aimed at both personal and business users. Our website(s) are not intended for children and we do not knowingly collect data relating to children other than as part of a family.

James Bartholomew is the legal data controller responsible for our website(s) and any handling of personal data carried out by or on behalf of The Company.

3. Data collection of personal information

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) but it does include photographs.

The Company collects information about our customers and visitors to our website(s). This personal data falls into these categories:

• Identity Data includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through social media, this may include your social media user name.

• Contact Data includes billing address, delivery address, email address and telephone numbers.

• Financial Data includes payment information.

• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

• Profile Data includes your username and password, purchases or orders made by you, preferences, feedback and survey responses, testimonials as well as any profile data which we have added (for example, using analytics and profiling).

• Usage Data includes information regarding how you use our website(s), products and services.

• Tracking Data includes information we or others collect from cookies and similar tracking technologies such as Google Analytics.

• Marketing and Communications Data includes your preferences in receiving direct marketing from us.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). The Company does not collect information about criminal convictions and/or offences.

If you choose not to share personal data with us we might not be able to provide the service you’ve asked for properly.

4. Collection of personal data

We use different methods to collect data from and about you including through:

Direct interaction. You may provide us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or through chat and/or social media.

This includes personal data you provide when you:

• Sign up to receive our newsletter;

• Make enquiries or request information be sent to you;

• Create an account on our website(s) or through third party apps applicable to printing materials;

• Order our products or services;

• Ask for marketing to be sent to you;

• Engage with us in any way on social media;

• Enter a competition, promotion or survey;

• Contact us directly by phone, email or letter

• Have your photograph taken by The Company or appear within film and sound footage. By engaging us as photographers, you are also providing consent and permission on behalf of all other attendees to your event who may appear in any photographs, films or sound recordings, that we may store digital media relevant to the commission

• As you interact with us, including via our website(s), we may automatically collect technical data about your browsing actions and patterns. We may also collect tracking data when you use our website(s)

• Third parties or publicly available sources. We may receive personal data about you from various types of third parties, including:

• Technical data and/or tracking data from analytics providers, advertising networks and search information providers;

• Data from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites We will only use your personal data when the law allows us to.

5. The collection of personal data

Photographs are considered as data. These can be used, where relevant, in our website(s), online galleries, promotional material and/or social media platforms.

Where we need to comply with a legal or regulatory obligation, for example, keeping records of our sales for tax compliance, data will be retained.

In general The Company does not rely on consent as a legal basis for processing your personal data other than where the law requires it, for example in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

6. Advertising, marketing and your communications preferences

We may carry out direct marketing by email, phone, text or post. For example, you might have our newsletter sent to your inbox.

You have a right at any time to change your mind and opt out. The easiest way to opt out is to use the unsubscribe link at the bottom of the communication, or write to us and ask to be removed.

Cookies can also tell us if you have seen a specific advert, and how long it has been since you have seen it. This is helpful, because it means we can control the effectiveness of our adverts. Cookies also help us understand if you’ve opened a marketing email.

7. Cookies

Cookies are a tool which we (and everyone one else who operates online) use for advertising.

Cookies help our website(s) work better, providing lots of help in the background to make the process of being a customer easier. Information these cookies collect is aggregated and used to improve the websites performance.

You may set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website(s) may become inaccessible or not function properly.

8. Personal data disclosures

We may share your personal data with the parties set out below for the purposes set out in this privacy policy. We may also share your personal data if the law otherwise allows it.

We may share personal data with the following categories third parties:

• Auditors and professional advisers like bankers, lawyers, accountants and insurers; and government, regulators and law enforcement

We share personal data with the following specific third parties in order to run our business:

• Quickbooks; This professional software is our online accountancy tool

• PBA; our accountancy professionals

• Zenfolio; our online gallery website service

• Google calendar services

• Loxley Colour; our main print lab

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

9. Payment information

The Company uses third party payment processors PayPal to process payments made for products and services. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards. We only store the tokens required to identify the transaction with PayPal, issue refunds and identify transactions made using PayPal.

10. Data security

The Company has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

11. Third-party links

Our website(s) may include links to third-party websites, plug-ins and applications (for example, the ability to sign in with Facebook). 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(s), we encourage you to read the privacy policy of every website you visit.

12. Data retention

We will only keep 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, governmental or reporting requirements.

By law The Company is required to keep basic information about our customers for six years after they stop being customers for tax purposes.

In some circumstances you can ask us to delete your data; see Your legal rights below for further information.

13. Legal rights

If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:

The right to be informed, a right of access and a right to erasure.

If you wish to exercise any of the rights set out above, please contact us.

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.

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 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 and keep you updated.

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