Privacy policy.

1. Introduction:

MadEye Photography (“we”, “us”, “our”) is committed to protecting the privacy and security of personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and other applicable South African data protection laws.

This Privacy Policy explains how we collect, use, store, share, and protect personal information obtained through:

  • Our website: madeyephotography.co.za (“Website”)

  • The booking process

  • The provision of photography services

  • Any other interactions with us

By using our Website or engaging our services, you acknowledge that you have read and understood this Privacy Policy.

2. Responsible Party & Information Officer:

MadEye Photography is operated by Quen.

Information Officer: Quen
Email: quen@madeyephotography.co.za

The Information Officer is responsible for ensuring compliance with POPIA. Our PAIA Manual (Section 51 Manual) is available upon request in accordance with the Promotion of Access to Information Act, 2000.

3. Personal Information We Collect:

We may collect and process the following categories of personal information:

3.1 Contact Information

  • Full name

  • Email address

  • Phone number

  • Physical address (where required for contracts, invoicing, or travel)

3.2 Booking & Service Information

  • Type of shoot (e.g., property, portrait, event, wedding)

  • Shoot dates, times, and locations

  • Names of individuals being photographed (where relevant)

  • Specific client requirements or preferences

3.3 Communications

  • Emails

  • Social media messages

  • Contact form submissions

  • Notes from telephone or in-person discussions

3.4 Payment Information

  • Billing details

  • Invoice records

  • Payment confirmations

We use third-party payment processors where applicable and do not store full credit card details.

3.5 Photographic Images

Photographs and video footage captured during the provision of services, which may include identifiable images of individuals, private property, or surrounding areas.

3.6 Website Usage Data

Automatically collected technical information such as:

  • IP address

  • Browser type

  • Operating system

  • Pages visited

  • Dates and times of access

This information may be collected via cookies and analytics tools.

4. Lawful Basis for Processing (POPIA):

We process personal information based on the following lawful grounds:

4.1 Contractual Necessity

To provide photography services, manage bookings, deliver images, and fulfill contractual obligations.

4.2 Consent

Where you have explicitly agreed to:

  • Receive marketing communications

  • Use of images beyond standard contractual terms

  • Non-essential cookies

You may withdraw consent at any time.

4.3 Legal Obligation

To comply with applicable laws, including tax and accounting requirements.

4.4 Legitimate Interests

To operate and grow our business, including:

  • Website functionality and improvement

  • Business administration

  • Showcasing our portfolio

  • Marketing our services

Such interests are balanced against your rights and freedoms. We do not use personal information for automated decision-making or profiling that produces legal effects concerning you.

5. Use of Photographs & Portfolio Rights:

Unless otherwise agreed in writing prior to or at the time of booking, MadEye Photography reserves the right to use images and footage created during the provision of services for:

  • Portfolio display (online and print)

  • Website content

  • Social media

  • Marketing materials

  • Editorial use

  • Competition entry

Clients may request in writing that images not be used for marketing purposes. Such requests must be made before or at the time of booking. Where photography services involve private property or third parties, the client confirms that they have obtained any necessary permissions required for photography at the location. For services involving minors, we require verifiable parental or guardian consent.

6. Data Sharing & Disclosure:

We do not sell personal information.

We may share information with:

6.1 Service Providers

Trusted third parties who assist in operating our business, including:

  • Payment processors

  • Cloud storage providers

  • Website hosting providers

  • Email service providers

  • Professional printing labs

These providers are required to implement appropriate security measures.

6.2 Legal Authorities

Where required by law, court order, subpoena, or regulatory request.

6.3 Business Transfers

In the event of a sale, merger, or restructuring, personal information may be transferred subject to confidentiality safeguards.

6.4 With Your Consent

Where you have explicitly agreed to such sharing.

7. International Data Transfers:

Some service providers (such as cloud storage or email platforms) may store data outside South Africa. Where personal information is transferred internationally, we ensure appropriate safeguards are in place, including contractual protections or reliance on jurisdictions with adequate data protection laws.

8. Data Security:

We implement reasonable technical and organizational measures to safeguard personal information against:

  • Unauthorized access

  • Loss

  • Alteration

  • Disclosure

  • Destruction

These measures include secure hosting, access controls, password protection, and encrypted storage where feasible. While we take reasonable steps to protect information, no system can guarantee absolute security. In the event of a data breach affecting your personal information, we will notify you and the Information Regulator as required under POPIA.

9. Data Retention:

We retain personal information only for as long as necessary for legitimate business, legal, and contractual purposes.

9.1 Booking & Communication Data

Retained for administrative and record-keeping purposes.

9.2 Financial Records

Retained for the period required under South African law (typically at least five years).

9.3 Photographic Images

Unless otherwise agreed in writing, RAW files and edited images may be archived indefinitely for backup, portfolio, evidentiary, and legal purposes. Clients may request deletion of personal data, subject to contractual and legal limitations.

10. Your Rights Under POPIA:

As a data subject, you have the right to:

  • Request confirmation of whether we hold personal information about you

  • Request access to your personal information

  • Request correction of inaccurate or incomplete information

  • Request deletion of personal information (subject to legal limitations)

  • Object to processing based on legitimate interests

  • Object to direct marketing

  • Withdraw consent at any time

  • Lodge a complaint with the Information Regulator

To exercise your rights, please contact us. We may require proof of identity before processing your request.

Information Regulator Website:
https://inforegulator.org.za/

11. Cookies & Tracking Technologies:

Our Website may use:

  • Essential cookies (required for site functionality)

  • Analytical cookies (e.g., analytics tools)

  • Functional cookies (to remember preferences)

You can manage cookie preferences through your browser settings. Blocking certain cookies may affect Website functionality. Where required by law, we will request consent for non-essential cookies.

12. Children’s Privacy:

We do not knowingly collect personal information directly from children under 18 without verifiable parental or guardian consent. When providing photography services involving minors, explicit parental or guardian consent is required for the collection and processing of the minor’s personal information, including their image.

13. Third-Party Links:

Our Website may contain links to third-party websites. We are not responsible for the privacy practices of those websites and encourage users to review their policies separately.

14. Changes to This Privacy Policy:

We may update this Privacy Policy from time to time to reflect changes in legal requirements or business practices. The updated version will be posted on our Website with a revised effective date. Continued use of our Website or services after changes are published constitutes acceptance of the updated policy.

15. Governing Law:

This Privacy Policy is governed by the laws of the Republic of South Africa.

16. Contact Us:

For any questions, requests, or concerns regarding this Privacy Policy or your personal information, please contact:

Information Officer
MadEye Photography
Email: quen@madeyephotography.co.za