Privacy policy.
1. Introduction MadEye Photography ("we", "us", "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, store, share, and protect personal information obtained through our website (madeyephotography.co.za - the "Website"), during the booking process, the provision of photography services, and other interactions. We process personal information in accordance with the South African Protection of Personal Information Act, 4 of 2013 ("POPIA") and other applicable data protection laws.
Responsible Party & Information Officer: MadEye Photography, operated by Quen. Email: quen@madeyephotography.co.za
Quen is the designated Information Officer responsible for overseeing compliance with POPIA.
2. What Personal Information We Collect We may collect the following types of personal information:
Contact Information: Your name, email address, phone number, and physical address (if provided for contracts, invoicing, or travel).
Booking and Service Information: Details about the photography services you request, including dates, times, locations, type of shoot (e.g., portrait, event, wedding), names of individuals being photographed (where relevant, e.g., family members), and any specific requirements or preferences you share.
Communications: Records of our correspondence with you, including emails, messages via social media, or notes from phone calls.
Payment Information: Information necessary to process payments for our services, such as invoice details and records of payment. (Note: We typically use third-party payment processors; we do not directly store full credit card details).
Photographic Images: Photographs taken during our services, which contain your likeness and potentially the likenesses of others (including minors, with appropriate consent).
Website Usage Information: Technical data collected automatically when you visit our Website, such as your IP address, browser type, operating system, referring URLs, pages viewed, and dates/times of visits (often collected via cookies and analytics tools).
3. How We Use Your Personal Information We use your personal information for the following purposes, based on lawful grounds recognized by POPIA:
To Provide Services (Performance of Contract): To manage bookings, schedule shoots, communicate about service delivery, conduct photography sessions, edit images, and deliver the final photographs to you.
To Communicate With You (Legitimate Interest / Consent): To respond to your inquiries, provide quotes, send confirmations and reminders, and address any questions or concerns.
For Business Operations (Legitimate Interest): For invoicing, payment processing, record-keeping, accounting, and general business administration.
To Improve Our Website and Services (Legitimate Interest / Consent): To analyze website usage trends, understand user preferences, and improve the functionality and user experience of our Website. We use anonymous or aggregated data where possible.
For Marketing and Portfolio Use (Legitimate Interest / Consent / Contract):
To showcase our work in our portfolio (online and print), on our Website, on social media, and in marketing materials, as outlined in our Terms and Conditions and subject to any Model Release agreements. We rely on our legitimate interest to promote our business, balanced with your rights.
To send occasional newsletters or promotional emails about our services or special offers, but only if you have explicitly consented (opted-in) to receive such communications. You can opt-out at any time.
To Comply with Legal Obligations: To meet requirements of applicable laws, regulations, court orders, or government requests (e.g., tax compliance).
4. Legal Basis for Processing (POPIA) We process your personal information based on the following lawful bases under POPIA:
Consent: Where you have given us explicit consent (e.g., for direct marketing emails, specific uses of images not covered by standard T&Cs, non-essential cookies).
Contract: Where processing is necessary for the performance of a contract with you (e.g., providing the photography services you booked).
Legal Obligation: Where processing is necessary to comply with the law (e.g., retaining financial records).
Legitimate Interests: Where processing is necessary for our legitimate business interests (e.g., operating our website, managing bookings, showcasing our portfolio for business promotion), provided these interests are not overridden by your fundamental rights and freedoms.
5. Data Sharing and Disclosure We respect your privacy and will not sell your personal information. We may share your information with third parties only in the following circumstances and based on lawful grounds:
Service Providers: With trusted third parties who assist us in operating our business and providing services, such as payment processors (e.g., PayFast, Yoco), cloud storage providers (e.g., Google Drive, Dropbox), website hosting providers, email service providers, and professional printing labs (if you order prints through us). We ensure these providers have appropriate security measures in place and process your data only for the purposes we specify.
Legal Requirements: If required by law, subpoena, court order, or other governmental request, or to protect our rights, property, or safety, or the rights, property, or safety of others.
Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of the transaction, subject to confidentiality agreements.
With Your Consent: We may share information with other third parties if you have explicitly consented to such sharing.
6. Data Security We implement reasonable technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include secure website hosting, access controls, data encryption where feasible, and regular reviews of our security practices. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
7. Data Retention We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, and for our legitimate business needs (such as maintaining a portfolio).
Booking and communication data may be kept for a reasonable period after service completion for administrative purposes.
Financial records are kept for the period required by South African law (typically 5 years or more).
Photographic images may be retained longer for portfolio and archival purposes, consistent with our Terms and Conditions and any Model Release agreements.
You can request deletion of your data subject to legal and contractual restrictions (see Section 8).
8. Your Data Protection Rights under POPIA As a data subject in South Africa, you have the following rights regarding your personal information:
Right of Access: You can request confirmation of whether we hold personal information about you and request a copy of that information.
Right to Rectification: You can request correction of inaccurate or incomplete personal information.
Right to Erasure ('Right to be Forgotten'): You can request the deletion of your personal information under certain conditions (e.g., if it's no longer necessary for the purpose it was collected, or if you withdraw consent). This is subject to legal or contractual retention requirements.
Right to Object: You can object to the processing of your personal information based on our legitimate interests or for direct marketing purposes.
Right to Restrict Processing: You can request that we restrict the processing of your personal information under certain circumstances.
Right to Withdraw Consent: If we are processing your information based on your consent, you can withdraw that consent at any time.
Right to Lodge a Complaint: You have the right to lodge a complaint with the South African Information Regulator if you believe your data protection rights have been infringed.
Contact details for the Information Regulator: Website: https://inforegulator.org.za/
To exercise any of your rights, we may need to verify your identity before processing your request.
9. Cookies and Tracking Technologies Our Website may use cookies (small text files placed on your device) and similar tracking technologies to enhance user experience, analyze website traffic, and ensure proper functioning. We may use:
Essential Cookies: Necessary for the basic operation of the Website.
Analytical/Performance Cookies: Help us understand how visitors use the Website (e.g., Google Analytics).
Functionality Cookies: Remember your preferences to provide a more personalized experience. You can manage your cookie preferences through your browser settings. Blocking some cookies may impact Website functionality. We will request your consent for non-essential cookies via a cookie banner or similar mechanism where required by law.
10. International Data Transfers Some of our service providers (e.g., cloud storage, email) may be located outside of South Africa. If we transfer your personal information outside South Africa, we will ensure appropriate safeguards are in place to protect your data, such as standard contractual clauses approved by the Information Regulator or ensuring the recipient country has adequate data protection laws.
11. Children's Privacy We understand the importance of protecting 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, we require the explicit consent of a parent or legal guardian for the collection and processing of the minor's personal information (including their image) as outlined in this policy and our Terms and Conditions.
12. Links to Other Websites Our Website may contain links to third-party websites. This Privacy Policy applies only to our Website and services. We are not responsible for the privacy practices of other websites, and we encourage you to read their privacy policies.
13. Changes to This Privacy Policy We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will post the updated policy on our Website and indicate the effective date. We encourage you to review this policy periodically. Your continued use of our Website or services after changes are posted constitutes your acceptance of the revised policy.
14. Contact Us If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact our Information Officer: Quen
Email: info@madeyephotography.co.za