Legal information
This is where you’ll find information about my company policies.
1. Privacy policy
2. Copyright policy
3. Usage, sales and licensing policy
1. Privacy policy
Your privacy and the protection of your data are key concerns for me as a business. Whilst I may collect personal information about you during the operation of my business (e.g. researching your job title or business email address for assignment work or requesting your name and address for print purchases), it would only be to;
a.) identify any needs you may have for photography
b.) maximise your experience or
c.) fulfil the provision of any services that you have requested of me.
In doing so, my commitment to you is that I will only collect and process information that is strictly necessary for me to perform my business and I will never sell or rent your information to anyone, nor will I distribute your information to anyone who is not directly involved in the provision of services that are essential to the services that I provide.
1.1 Personal information I may collect and why
1.1.1 For the purposes of site operation and general understanding
1.1.1.1 Cookies
My website is hosted by Squarespace, who communicate in their Privacy Policy that they apply cookies and similar technologies to operate their services and collect personal information as they describe. I'm not able to turn this functionality off. Please refer to Squarespace’s privacy policy to understand more about their use of cookies and to view the controls they have around their processing of any personal information, plus what you can do if you wish to challenge them (or please contact me and I can support you in the conversation).
Additionally, Squarespace enable me to monitor usage to my website via analytics cookies. These cookies will only be used if you provide me with consent via my cookie banner.
1.1.2 For the purposes of business operations and marketing
1.1.2.1 Business to business (B2B)
I frequently communicate with business professionals who I understand to be responsible for purchasing or commissioning photography on behalf of themselves or their employer (which I understand to be legitimate use within the General Data Protection Regulation). These communications, and the data gathering exercises that enable them, are purely for marketing purposes, intended to promote the services of Colin Henderson Photography and to generate new business. Be assured that I never share any personal data I’ve gathered in this regard (e.g. name, company, job title. speciality, etc.), other than with two third parties, Dropbox and Crashplan, whose services I use to backup my business documentation as part of my wider business strategy. You can view a link to their privacy policies in section 1.4 below.
1.1.2.2 Direct to Customer (D2C)
I don’t currently operate a customer mailing list.
1.1.3 For the purposes of photo assignments and image licensing
Model release forms enable me to ensure you understand the risks of participating in a photo shoot and you give me permission to use your likeness for commercial purposes. Be assured that I never share any data you provide me with in this regard (e.g. name, gender, date of birth, contact details, etc.), other than with two third parties, Dropbox and Crashplan, whose services I use to backup my business documentation as part of my wider business strategy. You can view a link to their privacy policies in section 1.4 below. I may also share model release details with clients whom with I have engaged in a contract to use the images, if they seek evidence of the model release as part of our contractual obligations. (Application Gap, whose product I use to capture document your information and share it with you via their mobile application, communicate publicly that they 'do not collect data on a server component of [their] own. All data remains in the app on [my] device and optionally in [my] cloud services').
1.1.4 For the purposes of purchasing a print
If you choose to purchase a print from me, the data you provide me with for the purposes of delivering that print is shared, only as appropriate, with Loxley Colour who provide me with shopping cart, payment, printing and shipping functionality. (View a link to Loxley Colour's privacy policy in section 1.4). During the purchasing process, I will collect personal information from you, as appropriate, to enable me to fulfil your order. This may include information such as your;
Details relating to your purchase (for example, print size)
Email address
Name
Billing and shipping address
1.1.5 Order emails
As part of the purchasing process, you may receive emails with messages I send you about your order. For example, I may email you to tell you that;
You’ve made a purchase
Your order has shipped
1.2 Data controller
I'm the Data Controller for any personal data I personally gather or which you provide me with related to my business (e.g. your name or an email address you share with me so I can grant you access to a restricted image gallery or communicate with you if you have purchased a print).
Colin Henderson
32/6 Gosford Place
Edinburgh, EH6 4BH
Midlothian, Scotland
United Kingdom
1.3 Data Protection Officer
Currently, as I understand, there is no regulatory need for me to appoint a Data Protection Officer for my business (the accountability falling to myself as Data Controller).
1.4 Data Processors
I may partner with a number of third parties, all of whom may need to use your personal information, but only for specific use;
Crashplan - For the purposes of sharing information with you via the cloud, or when I need to store documentation in the cloud to back up my business documentation or to work remotely (Crashplan privacy policy)
Dropbox - For the purposes of sharing information with you via the cloud, or when I need to store documentation in the cloud to back up my business documentation or to work remotely (Dropbox privacy policy)
Google - For the purposes of website analytics (Google Analytics privacy policy) - Not currently active
Loxley Colour - For the purposes of shipping prints to you (Loxley Colour privacy policy)
Mailchimp - For the purposes of capturing email addresses and issuing email newsletters (Mailchimp privacy policy) - Not currently active
In addition, I use technology provided by Application Gap for the purposes of creating model releases for signature (Application Gap FAQs).
1.5 For the security of your personal information
All the data processors I use have their own privacy policies (see section 1.4), which outline how they protect the security of your information. Any personal information I gather, receive, copy or store for the purposes of operating my own business I contain within password-protected files which are stored on my desktop computer and copied across separate hard drives for redundancy, all of which are located in locked premises. Only staff with a valid need to access personal information are provided with security passwords.
1.6 Data breaches
As per article 33 of the GDPR, in a time period of no later than 72 hours, I will notify any breach of my internal computer systems (or any that I am made aware of by the relevant third party processors) to the relevant people and authorities, unless the breach is unlikely to result in a risk to the rights and freedoms of any natural persons.
1.7 Data removal
Visit the Information Commissioner's Office for full details of your rights in regards to any data that I or one of my data processors holds about you in regards to this website.
As a summary;
You have the right to request details of the personally identifiable information I hold about you and to request that I edit it or delete it.
Please contact my third party data processors with any requests for the inspection or removal of any information that they hold about you (see section 1.4).
2. Copyright policy
Unless otherwise stated, all content on this website is copyright of Colin Henderson Photography, or has been used with permission, and is protected by copyright law. No transfer of copyright is automatically granted.
3. Usage, sales and licensing policy
3.1 Personal use
Personal use for non-commercial purposes (e.g. for screensavers or to publish on a personal blog) is usually granted, on request. You are not permitted to modify, alter or otherwise change content in any way. The status of Colin Henderson Photography as the author of the content must always be acknowledged.
3.2 Commercial or editorial use
No content on this website, or original files thereof, can be used for commercial or editorial purposes without permission being granted first from Colin Henderson Photography. For commercial and editorial use, images are licensed, generally for a specific period of time depending on client needs. Please refer to my image licensing terms and conditions. Unauthorised use is not permitted and you should be aware that content used without a license will be invoiced for, with the fee relevant to your usage plus an additional 100% of my fee for unauthorised use. (Content used past or outside the scope of any granted license will incur a fee which reflects what it would have cost you for that usage should you have purchased a license. It may also make you liable to a third party’s penalties as well, if a third party is in involved, e.g. a model agency, and you’ve also breached their contractual agreements).
3.3 Print sales
For print sales, terms and conditions apply. I’l share these with you on receipt of your request.
4. Policy changes
I may change my business policies from time to time, depending on my business strategy or regulatory guidance. Please check this page occasionally for any policy updates.