Privacy and Personal Data Policy

This policy explains the types of personal data we (Helen Marshall & the People’s Picture) may collect about you when you interact with us. We collect and process data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679. We do not disclose data to any third parties unless disclosure is necessary for the fulfilment of a service to you, you have specifically given consent for a particular service, or we have a legitimate interest in disclosing data.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Helen Marshall of the People’s Picture studio.

the People’s Picture
Acme Studios
Matchmakers Wharf
Homerton Road, London E9 5GP

info@thepeoplespicture.com

Tel: 02087932769

ICO – Register of data controllers – Registration reference A8213803

Privacy Policy updates

We may update the terms of this policy at any time. We ask, therefore, all users to check for updates from time to time. The date of the latest update will be clearly stated at the end of the policy. We will notify you of any significant changes in the way we collect and manage your personal data. This will be done by displaying a notice on the People’s Picture website following any update and by sending an update notice to the primary email address for users subscribed to us via email. By continuing to engage with the People’s Picture through our services and website following an update, you will be deemed as having accepted the changes to the Privacy Policy.

Data Requests

If you wish to request to see a copy of the data we hold on you we charge an admin fee of £7.50 plus VAT which is payable on this website. A subject access request (SAR) is a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.

Your Data, Content and Consent

We process information about you in accordance with our privacy policy. By using our site, commissioning us, and by taking part in one of our projects you consent to such processing and you warrant that all data provided by you is accurate.

Please read the following carefully to understand our practices regarding uploading and sharing your content, photos, data and related information.

By uploading, emailing your content, photos and data ( or sharing with #project title hashtags or tagging on social media platforms)  to the www.thepeoplespicture.com and any of our associated websites you are accepting the terms of this licence and granting rights to Helen Marshall trading as the People’s Picture which is a site operated by Helen Marshall. During the upload process you will be expressly asked how you want your data to be used or not to be used, such as on social media, with your first name, your story, in an artwork and other options. These you will be able to tick one by one and need your consent.Your content, photos and data will only be used for the specific project you are interested in, and not for any other unless we ask you and you consent.

Helen Marshall is a sole trader registered in England and Wales (“we”, “us” or “our”). Her registered office is: ACME Studio 42,  Matchmakers Wharf, Homerton Road, Hackney, London E95GP.

We refer to the photography and data provided by you (Photography and data ) for the purposes of a photo mosaic project (Project). This licence is to confirm the agreement between us whereby you have agreed to grant to us a licence to exploit certain rights in the Photograph and data on the terms set out in this letter agreement. We have agreed the following:

1. GRANT OF LICENCE In consideration of the opportunity to take part in the Project and for other good and valuable consideration, you hereby grant to us non-exclusive licence to use the Photography and data for the full period of copyright in it including all periods of renewal, extension and revival of the copyright and thereafter in perpetuity and all necessary consents including under the Copyright, Designs and Patents Act 1988 as amended from time to time or any enactment that replaces it to enable us to change, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Photography and data for the purposes of the Artwork whether alone or incorporated in or in conjunction with other works worldwide and in all media whether now known or hereafter devised including but not limited to print, in national and international press, in promotional material, a form of a presentation of the work on the internet and social media, use for academic and scholarly purposes, oral and visual presentations to the public and exhibitions (Licensed Rights).

2. PROJECT AND ARTWORK

2.1 Under this agreement we give you the opportunity to take part in the Project and whilst we will make efforts to include the Photography and data in the Artwork we cannot guarantee it.

2.2 As part of the Project you agree to provide relevant information concerning the Photography and data including but not limited to the names of the subjects of the Photography and data and any stories behind the Photography and data and those featured in the Photography and data (Information).

2.3 By providing the Information, you agree for us to use, exhibit, publish, distribute, and otherwise use and exploit the Information for the purposes of the Project and the Artwork whether alone or in conjunction with other works worldwide and in all media whether now known or hereafter devised.

2.4 By contributing to the Project you agree to provide us with your contact information which may include your name, address, e-mail address and phone number (Contact Information).

2.5 You agree that we can use your Contact Information for the following purposes: (a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; (b) to provide you with information about other projects, artworks, goods and services we offer; (c) to provide you, or permit selected third parties to provide you, with information about project, goods or services we feel may interest you. (d) to notify you about changes to our service. (e) to use it for anything that is detailed in our privacy policy.

3. LICENSOR’S UNDERTAKINGS 3.1 You hereby warrant and undertake that: (a) you are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; (b) the Photography and data does not infringe the rights of any third party and the use of the Photography and data does not violate the rights of any third parties; (c) the Photography and data  does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; (d) you shall comply with the terms and conditions of any licensing agreements which govern the use of Photography and data provided by third parties; (e) you shall comply with all laws and regulations as they relate to this agreement; (f) you shall provide all documentation and releases in respect of the Photography and data; (g) where the Photography and data depicts persons under the age of 18 years that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography and data; (h) you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography and data or any pre-existing material incorporating the Photography and data or included within the Photography and data , or the exploitation of the Photography and data has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and (i) you have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under this agreement. You hereby acknowledge that we shall not be liable for any such payments.

3.2 You hereby waive in favour of us and all our assignees and successors in title all moral rights in the Photograph and data to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world to the extent necessary for us to exploit the Licensed Rights subject to the terms of this licence.

3.3 You hereby indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in this agreement.

4. CREDIT

4.1 Where it is possible to do so, but without any obligation, we may credit you as an author of the Photography and data or as a contributor to the Project, if you consent.

4.2 Any failure by us to accord such credit and any failure by any third party to accord such credit shall not constitute a breach of this agreement by us.

5. RIGHT TO ASSIGN We shall be entitled to assign, license or deal in any other manner with any or all of our rights and obligations under this agreement. You shall not be entitled to assign, license or deal in any other manner with any or all of your rights and obligations under this agreement.

6. GOVERNING LAW This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

7. JURISDICTION Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

If you have any questions regarding any of the above, please contact info@thepeoplespicture.com

Our legal bases for processing personal data

Under the General Data Protection Regulations we rely on the following legal bases for processing your data:

Consent – we will ask your consent for marketing to you via email or post. If you consent we can collect and process your data for this purpose.

Under 18s

Protecting the privacy of those under 18 years is important to The People’s Picture. Where data is collected for those aged 18 or under, we will seek consent from the parental/carer consent on behalf of the minor. Rights regarding unsubscribing and the right to be forgotten are extended to all individuals regardless of age.

Contract – we sometimes need to collect and process your personal data in order to fulfil a contract with you, for example a commission or project for an artwork. We will also collect and process your data on this basis if you’ve asked us to provide a proposal for a commission or project.

Legal – we are obliged to process some personal data to comply with the law. If you commission us we must retain some personal data for at least six years to comply with the Sale of Goods Act 1982, Consumer Rights Act of 2015 and HMRC guidance.

Legitimate interests – we collect and process some personal data to pursue our legitimate interests in a way you would reasonably expect as part of running our business or working on a commission; for example, to promote, gather content, and showcase and make our artworks. We may collect personal information about you including stories and photographs. We do this to support and enhance your experience of engaging with us, as well as creating artwork, publications, and social media campaigns. We may need to communicate directly with your staff and members of the public who submit images and stories and data to us as part of the project and commissioned activity and campaigns we run online and offline. This might include responding to technical questions about promoting, creating, uploading, or giving guidelines or confirming receipt of delivery and content.

The situations when we may collect personal data include.

  • Consenting to receive information and updates
  • Consenting via project consent forms and upload forms ( different options )
  • Engaging with us via social media using specified hashtags and tagging.
  • To illustrate and inform the public of the People’s Picture projects via social media and our website, as well as other media such as print and press releases.
  • To form and create the People’s Picture artworks, permanent and virtual.
  • To illustrate the People’s Picture projects in the form of promotional publications and online advertising, such as use of your photo, first name and story.
  • You will be asked for express consent on how you wish your photo and data to be used and made visible when you upload through our secure form. The content is then stored with a third party which is GDPR compliant ( jot form and dropbox ) and at the end of the project the data is stored securely ( see below about how we store your data ) and deleted after a fixed period of time.
  • We may also gather and retain data to use on our website and social media accounts to help us illustrate how each project is created. This data is aggregated or anonymous and does not identify individuals unless you expressly have consented to it.
  • We will also need to promote and share consented content across all platforms in order to promote and generate more content and encourage people to engage and take part. If we run a social media campaign that may include up to three posts a day and running ads to promote the project, as well as commenting on people’s photos.

 

The kinds of personal data we collect

Depending on your interaction with us, we may collect and process all or some of the following information:

Name
Address details
Phone number
Email address
Age
Gender
Birthplace
Marketing preferences
Photographs & Images of you or that you have permission to give us a licence to use
Stories and Text from you that you consent us to publish
Activity on our website – this is gathered by the use of cookies in your web browser. Learn more about our use of cookies.
Computer IP address

Your personal data may be used for the following purposes:

To illustrate and inform the public of the People’s Picture projects via social media and our website
To form part of the People’s Picture virtual or printed artworks
To illustrate and promote the People’s Picture projects in the form of promotional publications

 

How we protect your personal data

The entire browsing and upload process for the People’s Picture website is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the top of your browser’s screen, next to the web address, you will be taken to the site’s security certificate. If you have any concerns regarding the security of this site, please contact us.

All the third parties we work with such as jot form, drop box and our servers site ground are fully GDPR compliant. If you wish to see certification of this and signed declarations we can provide it on request.

If you wish to request to see a copy of the data we hold on you we charge an admin fee of £7.50 plus VAT which is payable on this website. A subject access request (SAR) is a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.

 

With whom we share personal data

Sometimes we need to share your personal data with trusted third parties or to promote our project activity. In these instances, your data will only be used for the exact purpose we specify ( eg The project you are participating in or for our portfolio ), it will be transferred and stored securely, and will be deleted or rendered anonymous if we stop working with that third party.

Examples of the third parties with whom we share data are:

Payment-processing services such as Paypal or Intuit
Delivery couriers and postal services
Email marketing service providers such as mailchimp
Event ticketing services
Marketing mailing houses
Social Media platforms, Arts Organisations, Funders, Sponsors, press, media or partners involved in our projects
Companies we subcontract to photograph, design, print or deliver our projects
Trained sub contracted arts assistants and interns and volunteers
Software companies that we use to safely store and encrypt our data: Jot form, Drop box, Site Ground

The People’s Picture is committed to the swift identification and removal of inappropriate content linked to our website or social media accounts. Should any individual post, send or upload any material that we consider inappropriate, offensive or in breach of legislation, we may use your personal data to inform relevant third parties. We vet every submission we receive and it is subject to our strict complianxce process.

This list is not exhaustive and may change from time-to-time in line with our business processes.  Please be assured that we will only ever share your information with trusted parties who adhere to GDPR and the correct standards of security.

How long we keep your data

We will only keep your data for as long as it’s needed. After that, we’ll either delete it completely or render it anonymous (removing personal data but keeping information such as order amount for business analysis and record). However if it is a photograph or image and story submitted for an artwork and you have expressly given us a licence to use it, it will remain in our artworks and archives and be used in accordance with the terms of the licence and what you have consented to.

If you contact us for a proposal or commission and you don’t consent to marketing, we’ll keep your data for a year in case you wish to proceed with the quote.

If you commission or work with us, we’ll keep your data for six years in order to comply with legal obligations. You can request that some of this are removed sooner – see below.

After six years we will remove your data unless you have consented to our marketing.

If you wish to request to see a copy of the data we hold on you we charge an admin fee of £7.50 plus VAT which is payable on this website. A subject access request (SAR) is a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.

Your rights over personal data

You have the right to:

  • Access your personal data, free of charge
  • Have your personal data rectified if out of date or incorrect
  • Have personal data erased, unless that would conflict with our legal obligations
  • Withdraw consent for us to use personal data if you have previously given consent, with the exception of artworks that are printed and installed permanently or artworks that have been sold.
  • Object to us processing your personal data and/or stop us using data for direct marketing

If you would like to exercise any of these rights, you should contact us. If you wish to request to see a copy of the data we hold on you we charge an admin fee of £7.50 plus VAT which is payable on this website. A subject access request (SAR) is a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.

How to stop us using your data for direct marketing

You can stop us marketing to you via post or email in the following ways:

  • By clicking the ‘unsubscribe’ link at the bottom of any marketing email we send
  • By contacting us and asking to opt out
  • By messaging us on social media platforms and asking to opt out

Please note, you may continue to receive marketing from us for a short period after opting out.  We will provide you with more detailed processing times should you make such a request.

How to lodge a complaint

If you are unhappy with our use of personal data, please do contact us so we can rectify things immediately.

You also have the right to lodge a complaint with the Information Commissioner’s Office.

The ICO’s contact details can be found on the ICO’s website.

If you wish to request to see a copy of the data we hold on you we charge an admin fee of £7.50 plus VAT which is payable on this website. A subject access request (SAR) is a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.

About our use of cookies

What are cookies?

Cookies are minute text files stored on your computer when you visit certain web pages. At the People’s Picture, we use cookies to keep track of items in your basket, and to remember you when you return to our site. To place an order on this website, you need to have cookies enabled. If you don’t wish to enable cookies, you can browse the site but you may not be able to place an order.

Most web browsers have default settings that allow cookies to be stored. However, under the “Managing Your Cookies” section below, we explain how to disable or enable cookies, should you wish to change your settings.

It should be noted that cookies cannot harm your computer. Furthermore, we do not store personally identifiable information such as credit card details in any cookies we create. We use encrypted information gathered from the cookies to help improve your experience of the site. For example, they help us to identify and resolve errors, or determine relevant related products to show you when browsing our site.

If you’d like to opt out from the storing of such cookies, please go to the Network Advertising Initiative website.

If you’d like to learn more about cookies in general and how to manage them, visit aboutcookies.org

Please note that we are not responsible for the content of external websites that are linked to from our website.

About the cookies we set

To make full use of the online shopping and personalised features on this website, your computer, tablet or mobile phone will need to accept cookies, as we can only provide you with certain personalised features of this website by using them.

The cookies we set do not store sensitive information such as your name, address or payment details; they simply hold an anonymous ‘key’ that, once you’re signed in, is associated with this information. However, if you would prefer to restrict, block or delete cookies from this website, you can use your browser to do so. See the Managing Your Cookies section for help.

About 3rd Party Cookies

When you visit wexphotovideo.com, you may notice some cookies that aren’t related to Wex Photo Video. If you go on to a web page that contains embedded content, for example from YouTube, you may be sent cookies from these websites. We cannot control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.

Some of the business partners that may set cookies on this web site include:

3rd Party cookies you may see used on this website
Jot Form
PayPal Paypal uses cookies to help streamline a purchase on our website using the Paypal payment gateway.
Google Doubleclick, Google Adwords, Affiliate Window, Marin Sometimes we’ll advertise on 3rd party websites. These advertisers may place cookies to help us and our advertisers see which advertisements you click on and interact with. Each individual advertiser uses its own tracking cookies.
Google Advertising We use Google advertising services to place adverts on other websites (including in Google search results and Youtube) using information collected in cookies. We may collect information about whether you’ve seen one of our ads and combine this with information collected on our site to improve our advertising. We may also use information collected on our site to personalise adverts placed on other sites (please see the Personalised advertising on other websites section below). None of the information collected is combined with any personally identifiable information. For more information on Google cookies, visit the company’s website https://policies.google.com/technologies/types, or you can control the information they collect at https://adssettings.google.com/authenticated.
AddThis.com, Facebook.com, Twitter.com, plusone.google.com If you take the opportunity to ‘share’ our content with friends through social networks – such as Facebook and Twitter – you may be sent cookies from these websites. We cannot control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.
Youtube.com, Vimeo.com, Flickr Some of our photos and videos are hosted on Vimeo, Flickr & Youtube. They may use cookies to gather statistical information about video viewing.

 

To disable or change the settings of your cookies

If you are not sure of the type and version of browser you use to access the web:

  • For PCs: click on ‘Help’ at the top of your browser window and select the ‘About’ option
  • For Macs: with the browser window open, click on the Apple menu and select the ‘About’ option

Instructions on how to disable or change the settings of cookies on your type and version of browser are available here: https://www.aboutcookies.org/how-to-control-cookies/

Personalised advertising on other websites (Sociomantic & Google)

This type of advertising is designed to show you products and ads based on what you have viewed on this website. These advertisements are presented to you by our partners when you visit other websites, including Google. The adverts may highlight alternative products as well as products deemed relevant to your browsing history. The technology behind these adverts is based on cookies.

Your privacy

Please be assured that the data contained in the cookie used in these adverts is completely anonymous and doesn’t contain any of your personal details. For more information on the privacy policy of Sociomantic, the company we use to help us advertise, please visit their website. We also work with Google to place adverts in a similar way on sites, in their search engine and on Youtube – you can see more information about their use of data at https://policies.google.com/technologies/types.

Disabling these adverts

We would like to continue to display content that is relevant to you; however, you can choose to opt out of this type of advertising permanently via https://www.sociomantic.com/privacy/en/ (for Sociomantic), and updating your setting at https://adssettings.google.com/authenticated (for Google).

Please note that if you also delete your cookies as well as choosing to opt out, we will no longer know that you’ve opted out, so the banners from Sociomantic or Google may reappear when you visit other selected websites.

You may also wish to visit the Your Online Choices website to learn more about the cookies on your device set by other companies, and opt out of them if you wish.

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