This Privacy Notice (this “Privacy Notice“) will form a written contract between you and Boudoir Fusion Photography as well as Peter Driessel Photography, (“we“, “us” and “our“). This Privacy Notice applies to all our services, products and platforms. When we refer to our “platforms”, we refer to all our websites, mobile sites, mobile apps, social media platforms or any other technology or mechanism you may use to interact with us.
This Privacy Notice covers Boudoir Fusion Photography and Peter Driessel Photography as a whole.
Boudoir Fusion Photography and Peter Driessel Photography recognises protection of personal information (“privacy”) as an important responsibility and as such this Privacy Notice aims to describe Boudoir Fusion Photography and Peter Driessel Photography’s privacy practices – including the ways in which we collect, use, disclose and protect your personal information.
This Privacy Notice is subject to periodic review and may change from time to time. Any new version of the notice will be published on our website www.bfphoto.co.za and www.peterdriesselphotography.com and will become effective from the date that we publish it. We will notify you of changes to this Privacy Notice.
BY CONTINUING TO USE OUR SERVICES, PRODUCTS AND/OR PLATFORMS AFTER WE HAVE MADE ANY CHANGES TO THIS PRIVACY NOTICE, YOU AGREE TO BE BOUND BY THE CHANGED PRIVACY NOTICE.
|Applicable Laws||Means all South African legislation Boudoir Fusion Photography and Peter Driessel Photography must adhere to and it includes, but is not limited to, the Protection of Personal
Information Act No 4 of 2013 (‘POPIA’), the Companies Act No 71 of
2008, and the Promotion of Access to Information Act, No2 of 2000
|Child or Children||Means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him- or herself|
|Boudoir Fusion Photography and Peter Driessel Photography and its subsidiaries||Boudoir Fusion Photography and Peter Driessel Photography and its subsidiaries as defined in the Companies Act No 71 of 2008 (as amended from time to time).|
|Processing||Means any activity, concerning personal information, including:
i. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
ii. dissemination by means of transmission, distribution or making available in any other form; or
iii. merging, linking, as well as restriction, degradation, erasure or destruction of information.
|Screening||Means screening individuals, groups or companies against third party software to identify, detect, prevent and manage compliance and financial risks.|
|You or Your||Means any prospective, new, or existing client, supplier, employee, agent, service provider and other stakeholders of Boudoir Fusion Photography and Peter Driessel Photography.|
- Type of Personal and Special Personal Information
2.1. We may collect the following personal information about you:
2.1.1. your name, addresses, contact details, date of birth, place of birth, identity number, passport number, bank details, gender, information about your Children or any Child that you are legal guardian of, details about your employment, tax number, marital status and details your financial information;
2.1.2. records of correspondence or enquiries from you or anyone acting on your behalf;
2.1.3. details of your transactions;
details of contracts you enter into with us and carry out with us; and
2.1.4. special categories of personal information, where necessary for the purpose concerned, that includes race, health and biometric information, such as photo’s, fingerprints, and voiceprints.
- How we collect Personal Information
3.1. You may provide personal information to us either directly or indirectly:
3.1.1 Information you provide to us:
3.1.2 by subscribing to a service;
3.1.3 when you purchase our products or services;
3.1.4 by filling in forms (on paper or on our platforms);
3.1.5 when you enter a competition, promotion or complete a survey;
3.1.6 by posting comments or content on our platforms;
3.1.7 when you contact us or we contact you and you provide information directly to us.
3.2. We may also collect your personal information from your appointed agent, any regulator, or another third party that may hold such information.
- Use of Information Collected
4.1. We may use, transfer, and disclose your personal information for the purposes of:
4.1.1. providing you with the services, products, or offerings you have requested, and notifying you about important changes to these services, products, or offering;
4.1.2. managing your account or our relationship and complying with your instructions or requests;
4.1.3. detecting and preventing fraud and money laundering in the interest of security and crime prevention;
4.1.4. assessing and resolving with complaints;
4.1.5. operational, marketing, auditing, legal and record keeping requirements;
4.1.6. verifying your identity; and
4.1.7. verifying the identifies of beneficial owners of entities.
4.1.8. Fulfillment of our contractual and legal obligations to you;
4.1.9. To maintain our relationship with you (which may include performing periodic customer satisfaction surveys and inviting you to Boudoir Fusion Photography and Peter Driessel Photography’s events);
4.1.10. To conduct required verification and reference checks;
4.1.11. For audit and record-keeping requirements;
4.1.12. To conduct statistical or market-related research;
4.1.13. As required by any legislation, regulation and/or industry codes;
4.1.14. As required for legal proceedings;
4.1.15. To market products, services and/or other offerings, unless you have unsubscribed from receiving such communications.
- Disclosure of your Personal Information
5.1. Your personal information may be shared with employees or agents supporting our products and solutions, as well as other selected third parties who process the information on our behalf.
5.2. We may also disclose your personal information to third parties in the following circumstances:
5.2.1 to any other of the Boudoir Fusion Photography and Peter Driessel Photography’s business partners or other third parties to:
i. assess and monitor any of your accounts with Boudoir Fusion Photography and Peter Driessel Photography;
ii. determine which products and services may be of interest to you and/or to send you information about such products and services unless you object or choose not to receive such communications and:
iii. have a better understanding of your circumstances and needs to provide and improve our products and services to you.
5.2.2 to any regulator or supervisory authority, including those in foreign jurisdictions, if Boudoir Fusion Photography and Peter Driessel Photography is required to do so in terms of Applicable Laws;
5.2.3 to a prospective buyer or seller of any of the Boudoir Fusion Photography and Peter Driessel Photography’s businesses or assets, or any part thereof, subject to the parties adhering to personal information security and confidentiality requirements of Applicable Laws.
5.2.4 to any person, if we are under duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property, or safety of the Boudoir Fusion Photography and Peter Driessel Photography, or any of its other clients or other third parties; and
5.2.5 to our employees, his/her assistants and other employees who have a need to know for purposes of providing our services & products to you, or any other person acting on your behalf.
5.2.6 We are based in and operate from South Africa, and, regardless of where you use or access our platforms or services, your information may be transferred to and maintained on servers located elsewhere in the world. Please note that any information we obtain about you will be stored in accordance with South African data privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By providing your information to us or by using our platforms you consent to the processing and transfer of your information to a location outside of South Africa where we may store it and where our suppliers might process it on our behalf. Your consent to this Privacy Notice followed by your submission of such information to us, represents your agreement to such transfer.
5.3 If you do not wish for us to disclose this information to third parties, please contact us at the contact details set out below. We may, however, not be able to provide products or services to you if such disclosure is necessary but restricted by you.
- Retention of your Personal Information
We will retain your information indefinitely, unless you object, in which case we will only retain it in accordance with retention periods set out in Applicable Laws or for longer if we need to retain it for a lawful purpose (for example, for the purposes of complaints handling, legal processes, and proceedings).
- Access to, Correction, and Deletion of your Personal Information
7.1 You may request details of personal information which we hold about you under PAIA. Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA.
7.2 Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by the Boudoir Fusion Photography and Peter Driessel Photography, please review our contact details at the website of Boudoir Fusion Photography and Peter Driessel Photography (www.bfphoto.co.za and www.peterdriesselphotography.com).
7.3 You have a right to request the correction of personal information that we hold about you.
7.4 Please ensure that the personal information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Boudoir Fusion Photography and Peter Driessel Photography may limit the products and/or services offered to you or elect not to proceed with the business relationship.
7.5 You have a right in certain circumstances to request the destruction or deletion of personal information and, where applicable, to place a restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details below.
7.6 You have a right to object on reasonable grounds, to the processing of your personal information unless Applicable Laws provide for such processing.
7.7 In some instances we may collect personally identifiable information from persons under the age of 18 (“children”), with the assistance and consent of their legal guardian. If you are a parent or guardian and you are aware that your children have provided us with personal information, without your consent, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our platforms, or to obtain consent.
You hereby waive any claim that you may have against the Boudoir Fusion Photography and Peter Driessel Photography in respect of any loss, damages, or injury that you may incur as a result of:
8.1 lawful processing of your personal information and;
8.2 any unintentional processing of your personal information; and the provision of incorrect or incomplete personal information to the Boudoir Fusion Photography and Peter Driessel Photography.
9.1 We may amend this Policy from time to time for any of the following reasons:
9.1.1 to provide for the introduction of new systems, methods of operation, services, products, offerings, or facilities;
9.1.2 to comply with changes to any Applicable Laws or regulatory requirement;
9.1.3 to ensure that our Policy is clearer and more favourable to you.
9.1.4 to rectify any mistake that may be discovered from time to time; and
9.1.5 for any other reason which Boudoir Fusion Photography and Peter Driessel Photography, in its sole discretion, may deem reasonable or necessary.
9.2 Any such amendment will come into effect and become part of any agreement you have with Boudoir Fusion Photography and Peter Driessel Photography when notice is given to you of the change by publication on our website (www.bfphoto.co.za and www.peterdriesselphotography.com).
It is your responsibility to check the website frequently.
Should you believe that Boudoir Fusion Photography and Peter Driessel Photography has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with Boudoir Fusion Photography and Peter Driessel Photography. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
- Security of your personal information
We take all reasonably practical steps to ensure that your personal information is secure from unauthorised access, modification or deletion.
- Contact Us
If you have any comments or questions about this Policy, please contact our Information Officer Peter Driessel at in**@bf*****.za