Privacy Policy

Welcome to Erica Lynn Photography and our website at www.ericalynnphotographyny.mypixieset.com (our “website”). At Erica Lynn Photography, we are committed to protecting and respecting your privacy.

 

This privacy policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.

 

WHAT IS PERSONAL DATA?

Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

 

WHAT IS PROCESSING?

"Processing" means and covers virtually any handling of data.

 

WHAT LAW APPLIES?

We will only use your Personal Data in accordance with New York`s common law and statutory privacy and data protection principles and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.

 

WHO IS RESPONSIBLE FOR DATA PROCESSING?

The responsible party within the meaning of the above is Erica Lynn Photography, LLC (“Erica Lynn Photography”, “we”, “us”, or “our”). If you want to contact us or if you have any questions, you can reach us using our contact form.

 

WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA

We have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent; b) the data is necessary for the fulfillment of a contract/pre-contractual measures; c) the data is necessary for the fulfillment of a legal obligation; or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

 

WHAT PERSONAL DATA DO WE COLLECT FROM YOU?

We may collect and process the following Personal Data about you:

 

a) Personal Data that you give us:

This is information about you that you give to us by filling in forms on our website or correspond with us by telephone, post, email, or otherwise. It may include, for example, your name, address, email address, and telephone number; information about your business relationship with us; and information about your requirements and interests.

 

We also process the Personal Data involved in your use of our services (your contact information, such as your full name, email, postal address, and phone number, and the data related to your use of our services and the contract between us) in order to be able to provide our contractual services. This includes, in particular, our support, correspondence with you, invoicing, and fulfillment of our contractual, accounting, and tax obligations. Accordingly, the data is processed on the basis of your consent, fulfilling our contractual obligations and our legal obligations.

 

b) Personal Data that our website and other systems collect about you: 

If you visit our website, it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information, such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website.

 

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. For further information on the cookies we use, please refer to our Cookie Policy.

 

The hosting service used by us for the purpose of operating our website is Pixieset Inc. In doing so Pixieset, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.

 

We also use the Content Management System (CMS) of Pixieset to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us by users for publication is transferred to our Pixieset server. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.

 

HOW WILL WE USE YOUR PERSONAL DATA?

We may collect, store, and use your Personal Data for the following purposes:

to operate, manage, develop, and promote our business and, in particular, our relationship with you and related transactions, including, for example:
marketing purposes (when we have either gathered prior opt-in consent and/or have a legitimate interest to send you communications which we believe to be relevant and of use to you);
accounting and billing/payment purposes;
to operate, administer, and improve our website and other aspects of the way in which we conduct our operations;
to offer you our services;
to provide you with services or information that you may have requested; and
to keep you informed and updated on relevant topics or services you may be interested in.
to protect our business from fraud, money laundering, breach of confidence, theft of proprietary materials, and other financial or business crimes;
to comply with our legal and regulatory obligations, bring and defend legal claims and assert legal rights; and
if the purpose is directly connected with an assigned purpose previously made known to you.

 

We will only process your Personal Data as necessary so that we can pursue the purposes described above and where we have a legal basis for such processing. Where our lawful basis for processing is that such processing is necessary to pursue our legitimate interests, we will only process your Personal Data where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest. In exceptional circumstances, we may also be required by law to disclose or otherwise process your Personal Data.

 

DATA SHARING

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

 

a) Internal

If necessary, we transfer your Personal Data within Erica Lynn Photography. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to provide our services or to contact you in case of queries.

 

b) External bodies

Personal Data is transferred to our service providers in the following instances:

in the context of fulfilling our contract with you,
to use marketing services and to advertise our services online,
to communicate with you,
to provide our website, and
to state authorities and institutions as far as this is required or necessary.

 

c) International transfers 

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

 

MARKETING

Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

 

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.

 

Our Marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

 

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will delete your Personal Data when we no longer need such Personal Data, for instance where:

it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;
we believe that your Personal Data that we hold is inaccurate; or
in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.

 

Sometimes, however, there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.

 

DATA SECURITY

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through our website.

 

SOCIAL MEDIA 

We are present on social media and if you contact or connect with us via social media websites, we and the relevant social media website are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.

 

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).

 

Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).

 

LINKED SITES

For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.

 

We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.

 

YOUR RIGHTS AND PRIVILEGES 

Privacy rights 
You can exercise the following rights:

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;

 

Updating your information and withdrawing your consent 
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

 

Access Request 
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

 

Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority.

 

What we do not do
We do not request Personal Data from minors and children;
We do not process special category data without obtaining prior specific consent;
We do not use automated decision-making, including profiling; and
We do not sell your Personal data.

 

USA SPECIFIC PROVISIONS

The following applies to all users located elsewhere in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations. As of the day of drafting, the following other states had enacted privacy and consumer data protection laws:

 

Colorado Privacy Act (“CPA”);
Connecticut Data Privacy Act (“CTDPA”);
Delaware Online Privacy Protection Act (“DOPPA”);
Florida Digital Bill of Rights (“FDBR");
Indiana Consumer Data Protection Act (“ICDPA”);
Iowa Consumer Data Protection Act (“ICDPA”);
Montana Consumer Data Privacy Act (“MCDPA”);
Oregon Consumer Privacy Act (“OCPA”);
Tennessee Information Protection Act (“TIPA”);
Texas Data Privacy and Security Act (“TDPSA”);
Utah Consumer Privacy Act (“UCPA”); and
Virginia Consumer Data Protection Act (“VCDPA”).

 

Further and under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

 

Further, the following also apply:

 

COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

 

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

 

Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.

 

Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

 

Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

 

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us by email us using our contact form.

 

CHANGES

The first version of this policy was issued on Monday, September 23rd, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.