PRIVACY POLICY

byBALLARD is committed to respecting the privacy rights of its visitors and users of this website. This Privacy Policy has been created to give you confidence as you visit and use the site, and to demonstrate a commitment to fair information practices and the protection of privacy. Please read the following carefully to understand my practices regarding your personal data and how it will be treated.

1. WHO ARE WE

We are byBALLARD. We are the data controller responsible for your personal data.

2. WHAT DO WE COLLECT

We collect the following information from you:

  • Personal information: This includes your name, billing address, shipping address, e-mail address; phone number; business name; gender and date of birth for newborns: as well as the names, dates of birth, gender and other details about your family members and other participants in a photography session, together with and other information that you elect to provide to us.

  • Payment Information: Information about your debit/credit card and bank account information provided by you to our payment service providers, that we require for the purpose of processing payment for our goods and services.

  • Other Information: Personal details you choose to give when corresponding with us by phone or e-mail or visit our studio and details of the services provided to you (for example, the date and location of a photoshoot).

  • Cookies and automated Information collection: We and service providers acting on our behalf, such as Google Analytics and Squarespace, store log files and use tracking technologies, including cookies and tracking pixels. We may collect technical data including your IP address, details about your browser, network and device, the pages you visit and the length of visit, your time zone settings. For more information on Cookies please see the Cookies section below.

  • In providing our services we create photographs which may identify you, your family members and other participants and that may be considered personal data. Our photographs may be produced in print and digital format. You are responsible for ensuring that all participants in a photograph session have been provided with a copy of this privacy policy.

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information in the following ways:

  • To provide you with our services and to create and deliver the products you have requested and contact you regarding your use of the services. Such use is necessary to respond to or implement your request and for the performance of the contract between you and us.

  • To provide tailored marketing to you.

  • To process financial transactions to enable you to purchase our services, goods and products.

  • As necessary for certain legitimate business interests, which include the following:

    • keep records of communications;

    • where we are asked to deal with any enquiries or complaints you make;

    • monitor the use of the website adn online services;

    • to provide postal communications which we think will be of interest to you;

    • keep records of orders placed;

    • obtain professional advice

    • if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing; and

    • to (a) comply with legal obligations, (b) respond to requests from competent authorities; (b) protect our operations; (c) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (d) enforce or defend legal rights, or prevent damage.

  • We may use your photographs to promote and advertise our business, including (a) printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); (b) on our website and other digital advertising of our services; and (c) in social media forums.

  • We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email only with your consent, if this was given at the time you provided us with the personal data.

  • We may use your personal data for other purposes which you have consented to at the time of providing your data.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting and managing our business. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).

4. LEGAL BASIS FOR PROCESSING YOUR DATA

We collect this data from you on at least one of the following legal bases:

  • That you have provided your explicit consent for us to do so.

  • That we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).

  • That we have a legitimate interest in doing so for our own commercial marketing activities where our use of your data is proportionate, has a minimal impact on your privacy and is an activity that you might reasonably expect us to be engaged in.

5. DISCLOSURE OF YOUR INFORMATION

We share your personal data with third parties in the following situations:

  • Service Providers: we sometimes engage selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services, and (iii) providers of specialist services, including retouching, printers, framers and book binders. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.

  • Administrative and Legal Reasons: to professional advisors including legal, accounting, banking, auditors and insurers; if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.

6. DATA RETENTION

We will only retain your personal information for the minimum time that is necessary. For some purposes such as our business accounting obligations, this length of time will be determined by legislation. In particular, we retain digital files of your photographs for at least one year but in most cases for indefinitely. Please note that due to the unreliability of hard drives, there is no guarantee your images will be accessible and you are responsible for backing up your purchased images.

7. DATA TRANSFERS

Your personal data will be transferred to and stored in countries other than the country in which the information was originally collected, including the United States and other destinations outside the European Economic Area (“EEA”) to our service providers for the purposes described above.

Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United Kingdom or EEA. Where we transfer your personal data to countries outside of the EEA we will take all steps to ensure that your personal data continue to be protected. We will implement appropriate safeguards for the transfer of personal data to our service providers in accordance with the applicable law, such as relying on our service providers’ Privacy Shield certification or implementing standard contractual clauses for data transfers. If you would like to receive more information on the safeguards that we implement, please contact us as indicated below.

8. PAYMENT INFORMATION

Any credit/debit card payments and other payments you make will be processed by our third-party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.

9. YOUR DATA PROTECTION RIGHTS

Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:

  • Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

  • Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

  • Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.

  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

  • Right to object: You may ask us at any time to stop processing your personal data, and we will do so:

    • If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or

    • If we are processing your personal data for direct marketing.

  • Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.

  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here).

If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request.

10. COOKIES

This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.

For more information on Cookies please refer to our Cookie Policy.

11. LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave this site, you should be aware that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy statement applicable to the website in question.

12. CONTACT US

If you have any questions regarding this policy or if you would like to speak about anything to do with your personal data, please contact Claire Ballard either on email (claire@byballard.com) or phone (07956 394 886).