We thank you for showing an interest in our business. Data protection is of great importance to the management of Rogue Ginger Photo. The use of the web pages of our company may be possible without any indication of personal data, although a cookie will be placed on your information technology system based on your continued use of our website. In addition, if a data subject wants to use certain features and functionality via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of your personal data, such as your name, address, email address, or telephone number of is always endeavoured to be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Rogue Ginger Photo. By means of this data protection policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we may collect, use and process. In addition, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As a data controller, Rogue Ginger Photo has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. We note, however, internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject may be able to transfer personal data to us via alternative means, e.g. by telephone where this is applicable and at our discretion.
Our data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). It is understood that our data protection declaration should be easy to understand for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use amongst other terminology, the following terms :
Personal data means any information relating to either an already identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of this data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. NAME AND ADDRESS OF THE CONTROLLER
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Rogue Ginger Photo
6 Swann Street
Ebbsfleet Valley, Swanscombe
For example, by means of a cookie, the information and offers on our website can be optimised with each individual user in mind. Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website and access the most relevant information faster. Another example is the cookie of a shopping cart in an online shop. The online store remembers the products that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, some or all of the functions of our website may be entirely unusable.
4. COLLECTION OF GENERAL DATA AND INFORMATION
Our website collects a series of general pieces data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. Information collected may include (but is not limited to) (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (referrers), (4) the sub-websites, (5) the date and time of access to the website or webpage, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the case of a cyber-attack. Therefore, we analyse anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our site and business, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. REGISTRATION ON OUR WEBSITE
The data subject may have the possibility to register on our website with the indication of personal data. Which personal data is transmitted to us as the controller is determined by the specific web form used to register, which is subject to change. The personal data entered by the data subject is collected and stored exclusively for internal use by us, and for our own purposes. As a data controller, we may request transfer to one or more data processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on this website, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place on the basis that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure our position as data controller, and the integrity and security of the data we store. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject content or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change their personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller except in instances where there is an overriding obligation or regulatory requirement to store this data for a longer period.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data is stored about the data subject. In addition, we shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations.
7. SUBSCRIPTION TO OUR NEWSLETTERS
On our website, users may be given the opportunity to subscribe to our company’s newsletter. The specific web form used for this purpose determines what personal data is transmitted and may indicate the frequency of contact regarding the newsletter.
Rogue Ginger Photo informs its customers and business partners regularly by means of a newsletter about relevant company news, industry updates and advice and specific offers. The newsletter may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers to receive updates. We recognise the importance of a double opt-in policy. As such, a confirmation email will be sent to the email address registered by a data subject for the first time when subscribing to our newsletter to comply with all legal obligations. This confirmation email is used to prove whether the owner of the email address as the data subject is authorised to receive the newsletter.
During the registration for the newsletter, we may also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter unless otherwise specified and with explicit consent. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for transmission the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It may also be possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
NEWSLETTER & EMAIL TRACKING
The newsletter and emails of Rogue Ginger Photo may contain tracking pixels. A tracking pixel is a miniature graphic embedded in an email, which is sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when an email was opened by a data subject, and which links in the email were clicked.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise current and future email newsletter campaigns to offer better value and relevance to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, this personal data will be deleted by the controller. We automatically regard a withdrawal from the receipt of the newsletter as a revocation.
9. CONTACT POSSIBILITY VIA THE WEBSITE
Our website may contain functionality that enables a quick electronic contact to our company, as well as direct communication with us, which may also include a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
10. RIGHTS OF THE DATA SUBJECT
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to avail themself of this right of confirmation, they may, at any time, contact the Data Protection Officer of the company or the company itself by the approach specified.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller, at no cost to the data subject, information about their personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data is not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail themself of this right of access, they may, at any time, contact us.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the controller.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Rogue Ginger Photo, they may, at any time, contact the controller. A designated employee or authorised agent of the controller shall promptly ensure that the erasure request is complied with forthwith.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An designated employees of Rogue Ginger Photo will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, they may at any time contact us. A designated employee of Rogue Ginger Photo will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning them, which was provided to the controller, in a structured, commonly used and machine-readable format. The data subject shall have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact us.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The controller shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Rogue Ginger Photo for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact us. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact us.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw their consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may, at any time, contact us.