PortraitEFX Photography - Privacy Policy
We hereby inform you about our processing of your personal data and the claims and rights to
which you are entitled according to data protection regulations. The exact type of data that is
processed and how it is used is determined by the services you have requested or that have
been arranged with you.
1. Who is responsible for data processing and who can I contact?
The person responsible is:
Kerry Emery
West Chester, PA 19380
support@motophotowestchester.com
2. What sources and data do we use?
We process the personal data that we receive from you as part of our business relationship. In
addition, we process, to the extent necessary for the provision of our services, personal data
that we receive from other sources (e.g. the facilities in which we photograph, such as schools
and day-care centers) in a legally permissible way (e.g. to execute orders, to fulfill contracts or
on the basis of a consent granted by you). We are also permitted to process personal data that
we may have obtained from publicly available sources (e.g. debtor directories, press, media) in
a legally permissible way. Relevant personal data are personal details and contact details
(name, address, telephone number, and email address). In addition, this may also include order
data or data from the fulfillment of our contractual obligations, such as advertising and sales
data, documentation data, data on your use of our Telemedia offerings, as well as other data
comparable with the aforementioned categories.
3. Why do we process your data (purpose of processing) and on what legal
basis?
We process personal data in accordance with the provisions of United States Federal
Regulations, as well as the European General Data Protection Regulation (GDPR).
3.1. To fulfill contractual obligations
The processing of personal data is carried out for the provision of the photographic services and
the associated sale of captured images and their electronic transmission or production on photo
products and delivery to customers, and in particular also to carry out our contracts or
pre-contractual measures with you, as well as the execution of your orders. The purposes of
data processing are primarily obligations arising from the sales contract in which you enter with
us by placing an order in our shop and can include, among other things, reminders of important
events. You can find further details about the purpose of data processing in the respective terms
and conditions.
3.2. In the context of the balancing of interests
If necessary, we process your data beyond the actual fulfillment of the contract in order to
protect our own legitimate interests or those of third parties. For: advertising or market and
opinion research, insofar as you have not objected to the use of your data; the enforcement of
legal claims and defense in legal disputes; ensuring IT security; prevention and investigation of
criminal offenses; measures for business management and further development of services and
products.
We also process personal data when you contact us through our contact form. We process any
data you include in the form. These data are needed to process and respond to your inquiry or
request. As soon as your inquiry or request has been solved, we delete your data.
Should we be engaged in events where our photographic services have been used to take
pictures, we process the personal data obtained there on the basis of the justified interest to
fulfill the order given to us and to offer it for purchase. If this is the case, we shall refer to the
photographs of the persons present during the event, as well as to a right of objection. Please
note that an objection only takes effect in the future. All processing carried out until then remains
unaffected.
3.3. On the basis of your consent
If you have given us consent to the processing of personal data for certain purposes (e.g.
publication or use of images), the legality of such processing is based on your consent. You may
revoke your consent at any time with effect for the future. Please note that the revocation only
takes effect in the future. Processing carried out before the revocation remains unaffected.
3.4. Pursuant to legal requirements
We also process personal data on the basis of legal requirements. For example, we store
invoice data (name, address) on the basis of existing legislation, such as the retention
obligations.
4. Who gets my data?
In the course of using the online shop, your data will be received by those who require the data
to fulfill our contractual and legal obligations. Our processors may also receive data for these
purposes. These are companies in the IT services, production of photographic products,
logistics, telecommunications, and debt collection categories. A data transfer to recipients
external to PortraitEFX & its Affiliates takes place only if legal provisions so permit and you have
given your consent or we are authorized to issue such information. Under these conditions,
recipients of personal data may be, for example: public bodies and institutions (e.g. supervisory
authorities) in the presence of a statutory or official obligation. Other data recipients may be
those for which you have given us your consent for the transmission of data or have waived
your consent.
5. How long will my data be stored?
Where necessary, we process and store your personal data to the extent necessary to comply
with our contractual obligations. In addition, we are subject to various retention and
documentation obligations. The time limits for storage and documentation can be two to ten
years. Finally, the storage period is also assessed according to the statutory limitation periods,
which are usually three years but can also be up to thirty years in certain cases.
6. Is data transmitted to a third country or to an international organization?
Data transmission to third countries outside the United States or the Europen Union takes place
only to the extent necessary to fulfill our contractual requirements towards you, if required by
law, or if you have given us your consent. We will inform you separately about the details if
doing so is required by law.
7. What data privacy rights do you have?
Each person concerned shall have the right to request the deletion of information and the right
to restrict the data processing. Any such request must be made in writing to the Photographer
from whom the images or content originated.
8. Is there a duty for me to provide data?
In the context of our business relationship, you must provide only the personal data necessary
for the establishment, , and termination of a business relationship or for which we are legally
obliged to collect. Without this data, we will usually have to reject the conclusion of the contract
or the execution of the order or will no longer be able to execute an existing contract and may
have to terminate. Furthermore, it is necessary for us to request additional data for the provision
of paid services, including how to process your desired payment method.
9. Notification of important events
When you register to receive our notifications by email and/or SMS, the data you provide will be
used exclusively for this purpose. We may log your consent to receive the notification, including
your IP address. No further data will be collected. The data will only be used for sending
notifications and will be passed on to third parties only for the purpose of delivery. You can
revoke your consent to the processing of your personal data and their use for sending
notifications at any time. In each notification you will find an applicable link for revocation; in ,
you can always send an objection by email to corporate@portraitefx.com. Please note that the
revocation will only take effect in the future. Processing carried out before the revocation
remains unaffected.
10. Third-party functions
10.1. Cookies
What are cookies?
“Cookies” are text files that are stored on your computer that allow an analysis of your use of the
website.
What exactly do cookies do?
The information generated by the cookie about your use of this website is usually transferred to
a server and stored there. However, due to the activation of IP anonymization on some
websites, your IP address is sometimes shortened in advance within the United States or
Member States of the European Union. Depending on the service provider, such an IP address
is stored truncated.
What are the transferred data used for?
On behalf of PortraitEFX, the third party will use this information to analyze your use of the
website, to compile reports on the activities of the website and to provide further services to the
website operator related to the use of the website and the Internet.
How do I turn off cookies?
You can prevent the storage of cookies by changing the corresponding setting in your browser
software. However, we would point out that in this case, you may not be able to use all the
functions of this website to their full extent. Which third-party cookies are used? We use the
following third-party cookies on our website:
● Google Analytics (For more information, see:
https://support.google.com/analytics/answer/6004245?hl=de)
● Google Adwords (For more information, see: https://policies.google.com/privacy?hl=de)
● New Relic Inc. (For more information, see:
https://newrelic.com/termsandconditions/privacy)
● gotphoto.com (For more information, see:
(https://www.fotograf.de/datenschutzhinweise/)
10.2. Social media plugins
Social media plugins (links to social media) are used on our websites by the providers listed
below. You can recognize the plugins as they are marked with their respective logos. These
plugins may be used to send information, which may include personal information, to the service
provider, and may also be used by the service provider. We prevent the unconscious and
unwanted collection and transmission of data to the service provider using a 2-click solution. To
activate a desired social media plugin, you must first click on the corresponding button. The
collection of information and its transmission to the service provider will only be triggered
through this activation of the plugins. We do not collect personally identifiable information by
means of social media plugins or their use. We have no influence over what data an enabled
plugin collects and how it is used by the provider. At present, it must be assumed that a direct
connection to the services of the provider will be expanded and at least the IP address and
device-related information will be collected and used. It is also possible that the service
providers try to save cookies on the computer used. Please refer to the privacy policy of the
respective service provider to see which specific data is collected here and how it is used. Note:
If you are logged in to Facebook at the same time, Facebook may identify you as a visitor to a
particular page. We have integrated the social media buttons of the following companies on our
website:
● Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA) (for more
information, see: https://www.facebook.com/policy.php)
● Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA) (for more
information, see: https://twitter.com/de/privacy)
● Google Plus/Google Inc. (1600 Amphitheatre Parkway - Mountain View - CA 94043 -
USA) (for more information, see: https://policies.google.com/privacy?hl=de)
11. General right to object
You have the right, for reasons arising from your particular situation, to file an objection at any
time to the processing of personal data relating to you. If you file an objection, we will no longer
process your personal data unless we can prove compelling legitimate grounds for the
processing that outweigh your interests, rights and freedoms, or the processing is for the
purpose of enforcement, exercise or defense of legal claims.
12. Right to object against the processing of data for direct marketing
purposes
In individual cases, we process your personal data in order to perform direct marketing. You
have the right at any time to object to the processing of personal data relating to you for the
purpose of such marketing. If you object to the processing for direct marketing purposes, we will
no longer process your personal data for these purposes. The objection must be addressed in
writing by email to the following contact person:
By: PortraitEFX, Inc
Email: Corporate@portraitefx.com
Policy Updated & Effective July 12, 2020.
