DATA PROTECTION POLICY STATEMENT
1.0 About this Statement
NextGen School Photography is fully committed to full compliance with the requirements of the General Data Protection Regulation. We will therefore follow procedures which aim to ensure that all pupils, teachers, other employees, governors, visitors or parents (collectively known as data subjects) whom we hold any personal data on are fully aware of the nature of the data held and how this is handled by NextGen School Photography (data controller and data processor).
2.0 Statement of Policy
NextGen School Photography regards the lawful and appropriate treatment of personal information as very important to its successful operations and essential to maintaining confidence between the schools, parents and pupils and those with whom it provides a service for. NextGen School Photography therefore fully endorses and adheres to the Principles of the General Data Protection Regulation and is a registered Data Controller with ICO.
3.0 Handling personal data
NextGen School Photography will, through management and use of appropriate controls, monitoring and review:
These rights include:
- Use personal data in the most efficient and effective way to deliver better services
- Strive to collect and process only the data or information which is needed and requested
- Use personal data for such purposes as are described at the point of collection, or for purposes which are legally permitted
- Strive to ensure information is accurate
- Process images immediately for provision to school, pupils or parents
- Not keep images for longer than necessary (maximum 5 years)
- Securely destroy data which is no longer needed (using a professional shredding service, which issues a certificate of compliance)
- Take appropriate technical and organisational security measures to safeguard information (including unauthorised or unlawful processing and accidental loss or damage of data)
- Ensure that data is not transferred abroad without suitable safeguards
- Ensure that there is general information made available to its clients and customers of their rights to access information
- Ensure that the rights of people about whom information is held can be fully exercised under the General Data Protection Regulation
- The right to be informed
- The right of access to personal information
- The right to request rectification
- The right to request erasure
- The right to restrict processing in certain circumstances
- The right to data portability
- The right to object to processing
4.0 Collecting Personal Data
We may need to obtain data from schools prior to our visit. Data we may need to collect includes: staff names and positions for the creation of staff ID badges and staff displays. Pupil names and admission details, there are collected following strict guidelines outlined by CAPITA.
We will take images of pupils and staff on behalf of schools for identification purposes, which will also be available for sale to parents/ guardians to purchase.
Consent will always be obtained prior to an photographs being taken. Consent is the responsibility of the school, and upon any booking of our services we expect pupils and staff to have been informed beforehand that their photo is being taken and the purpose.
The data we collect will be via our photo proof cards which allow parents/guardians to purchase photographs or our online system at www.nextgenoline.co.uk where parents/guardians can create an online account to purchase photographs from NextGen School Photography.
5.0 The duration
Any data that is collected by NextGen School Photography will be processed immediately in order to effectively fulfill its service.
Data includes images and personal data (names, addresses and in some cases payment details).
6.0 The right to erase your details
The right to erasure is not absolute and only applies in certain circumstances.
The right to erasure does not apply if processing is necessary for one of the following reasons:
Please note that in most cases NextGen School Photography will be processing your data for identification purposes. We are an Accredited School Photographer with Capita SIMS.
- to exercise the right of freedom of expression and information;
- to comply with a legal obligation;
- for the performance of a task carried out in the public interest or in the exercise of official authority;
- for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
- for the establishment, exercise or defence of legal claims.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.
If you would like a copy of the information held on you please write to:
NextGen School Photography 16 Sansome Walk Worcester WR1 1LN
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
1.1 NextGen School Photography Company is committed to safeguarding the privacy of our service users and website visitors. We are a registered data controller with ICO.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our service users and website visitors; in other words, where we determine the purposes and means of the processing of that personal data to ensure that we comply with GDPR.
1.3 The data we process includes names, addresses, payment details and photographs of our service users and website visitors. Correspondence with our service users is via website, post, email or telephone, whose details we will obtain via our service provided to through the school.
1.4 The purpose of the pictures we take must be explained to the parents or the students themselves (if over school leaving age) and written permission (through a consent form by the school) to be completed beforehand. It is the responsibility of the school to advise NextGen School Photography that consent has been obtained. Students will not be photographed under any circumstances unless written permission has been obtained. Parents should be made aware that, when individual, sibling, class or group photographs are taken by NextGen School Photography, we will retain the copyright. Should parents wish to purchase photographs of their children this will be done via our website or a form (proof card).
1.5 Any photographs taken which identify our subjects (pupils or staff), will only be used in the way in which the person or people in the picture were originally told they would be.
1.6 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications. You can access the privacy controls by selecting 'Edit Details' in the 'My Profile' section of the website.
2. How we use your personal data
To comply with Article 13, 14 and 6(1)(f) of the GDPR
2.1 In this Section 2 we have set out:
2.2 We may process data which contains images of pupils (with consent) alongside about your use of our website, services and sales (usage data). The usage data may include orders and the creation of school deliveries. The source of the usage data is for our own accounting. This usage data may be processed for the purpose of paying commissions.. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. Other data we process is transactional for the sale of images of pupils by parents/ guardians.
- the general categories of personal data that we may process;
- in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
- the purposes for which we may process personal data; and
- the legal basis of the processing.
2.3 We may process your account data (account data) which is obtained via our website for the purchase of our photographs by pupils/ guardians. The account data may include your name, address, telephone number and email address. The source of the account data is what the customer provided on account creation. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.4 We may process your personal data that is provided in the course of the use of our services (service data). The service data may include your name, address, telephone number, email address, delivery information, image numbers and the name of the school of which images have been added to the customer account. The source of the service data is what the customer provided on account creation and by adding images to their account. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.5 We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website (transaction data). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
2.6 We may process information contained in or relating to any communication that you send and/or provide us with (correspondence data). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (enquiry data). The enquiry data may be processed for the purposes of offering and selling relevant goods and/or services to you. The legal basis for this processing is consent.
2.8 We may process information that you provide to us for the purpose of email notifications (notification data). The notification data may be processed for the purposes of sending you the relevant notifications. The legal basis for this processing is keeping the customer informed.
2.9 We may process information that you provide to us for the purpose of subscribing to our special offer emails (marketing data). The marketing data may be processed for the purposes of sending you special offer emails. The legal basis for this processing is consent.
2.10 We may process student data provided in the course of providing our services (student data). The student data may include the name, class/form and admission number of the student. The source of the student data is the school. The student data may be processed for the purposes of providing the services that school have requested. The legal basis for this processing is consent from the school with the agreement that they have the permissions to give this consent.
2.11 We may process photograph data created in the course of providing our services (photograph data). The photograph data may be processed to provide the service we have been contracted to complete. The legal basis for this processing is consent.
2.12 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.13 Please do not supply any other person's personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
To comply with Article 13(1)(e) and 14(1)(e) of the GDPR
3.1 Financial transactions relating to our website and services are handled by our payment services providers, Stripe and Paypal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/gb/privacy and www.paypal.com/en/webapps/mpp/ua/privacy-full
3.2 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. International transfers of your personal data
To comply with Article 13(1)(f), 46, 47 and 49 (1) of the GDPR
4.1 There are no circumstances in which your personal data will be transferred to countries outside the European Economic Area (EEA).
5. Retaining and deleting personal data
To comply with Article 5(1)(e) and 89(1) of the GDPR
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
- account, service and notification data will be retained for a maximum period of 5 years following the last date of account activity.
- transactional data will be retained for a maximum period of 7 years following order date to fulfil obligations to HMRC.
- correspondence and enquiry data will be retained for a maximum period of 2 years following the original correspondence or enquiry date.
- Images will be kept for a maximum period of 5 years after photos have been taken.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- the period of retention of usage data will be determined based on its remaining usefulness for analysis.
- the period of retention of marketing data will be determined based on the consent still being valid, once consent is removed so is the data.
- the period of retention of photographic image data will be indefinitely, as a part of our archive, as this is important intellectual property of the company.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7. Your rights
To comply with Article 13(2), 6(1), 7(3), 9(2), 14, 15, 16, 17, 18(1), 21 and 77 of the GDPR
7.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting the ‘My Account’ section when logged into our website.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 To the extent that the legal basis for our processing of your personal data is:
However, this right does not apply where it would adversely affect the rights and freedoms of others.
- consent; or
- that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format.
7.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.11 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.12 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 7.
8. Our details
8.1 Our website is owned and operated by NextGen School Photography Company.
8.2 We are registered in England and Wales under registration number 05153337, and our registered office is at 16 Sansome Walk, Worcester, Worcestershire, WR1 1LN.
8.3 Our principal place of business is at Split Second Photography Ltd. T/A NextGen School Photography, 16 Sansome Walk, Worcester, WR1 1LN
8.4 You can contact us:
- by post, to the postal address given above;
- using our website contact form;
- by telephone, on 01905 23717; or
- by email: email@example.com
9. Data protection officer
To comply with Article 37(1), 13(1)(b) and 14(1)(b) of the GDPR
9.1 Our data controller contact details are: Alison Foster. Email: firstname.lastname@example.org
Last Updated: 20 May 2018