Last updated: May 4, 2022
James Tan Photography (“us”, “we”, or “our”) operates the https://www.jamestanphotography.com (the “Site”), and, if applicable, interacts with you through the following, including but not limited to the emails, newsletters, communities, and online courses (“Service”, “Services”).
This page informs you of our policies regarding the collecting, using, and disclosing Personal Data when you use our Site and Services.
1. Information Collection And Use
Types of Data Collected
While using our Site and Services, including but not limited to leaving a comment, contact us through the contact form, purchase our products, leave a product review, and subscribe to our newsletter, we may ask you to provide us with certain personally identifiable information that we can use to contact or identify you. Personally identifiable information may include, but is not limited to:
- Billing and Shipping Address
- Email address
Our Site and Services automatically collect the information that your browser sends (“Usage Data”) whenever you visit our Site and Services. This Usage Data may include but not limited to the information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site and Services that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Your browser receives Cookies from a website and stored on your computer’s hard drive.
We use “Cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site and Services.
Certain sections of our Site and Services such as email may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs). It permits the Site and Services, for example, to count users who have visited those pages or opened an email and for other related website statistics. For example, recording the popularity of a certain section and verifying system and server integrity.
Legal Basis for Processing Personal Data
We may process Personal Data under the following conditions:
- Consent: You have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you, and for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which we are subject.
- Vital interests: Processing Personal Data is necessary to protect your vital interests or another natural person.
- Public interests: Processing Personal Data is related to a task carried out in the public interest or the exercise of official authority vested in us.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by us.
In any case, we will gladly help clarify the specific legal basis that applies to the processing. Particularly, whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary to enter into a contract.
Use of Your Personal Data
We may use Personal Data for the following purposes:
- To provide and maintain our Site and Services, including to monitor the usage of our Site and Services.
- To contact you: To contact you by email, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted Services, including the security updates, when necessary, or reasonable for their implementation.
- For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or Services you have purchased, or of any other contract with us through the Site.
- To provide you with news, special offers, and general information about other goods, services, and events that we offer similar to those you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to us.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Site and Services users is among the assets transferred.
- For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site and Services, products, marketing, and your experience.
We may share your personal information in the following situations:
- With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Site and Services, show advertisements to you to help support and maintain our Service, and contact you.
- For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our Site and Services to another company.
- With business partners: We may share your information with our business partners to offer you certain products, services, or promotions.
- With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures, and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
- With Your Consent: We may disclose your personal information for any other purpose with your consent.
Retention of Your Personal Data
Besides, we will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of our Site and Services. We are legally obligated to retain this data for more extended periods.
If you leave a comment, we store the comment and its metadata perpetually. It allows us to automatically recognize and approve any follow-up comments instead of holding them in a moderation queue.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Other legal requirements
We may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Site and Services
- Prevent or investigate possible wrongdoing in connection with the Site and Services
- Protect the personal safety of users of the Site or Services or the public
- Protect against legal liability
Security of Your Personal Data
The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
2. Detailed Information on the Processing of Your Personal Data
We may employ third-party companies and individuals to facilitate our Site and Services, provide the Site and Services on our behalf, perform Site-related services, or assist us in analyzing how our Site and Services are used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to show advertisements to you to help support and maintain our Site and Services, on the basis of your consent.
Google AdSense & DoubleClick Cookie
We may use third-party Service Providers to monitor and analyze the use of our Site and Services, in-order to improve our marketing activities and continuously optimize our content, on the basis of our legitimate interest.
Google Analytics with Anonymised IP
We use Google Analytics as the web analytics service to track and report website traffic. Google uses the data collected to track and monitor the use of our Site and Services. Other Google services are sharing this data. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
We may use third-party Service Providers to provide the communication channel in our Site and Services, on the basis of your consent.
When you fill-up and submit the contact form, you authorize us to use your Personal Data to respond to your inquiry. We may collect and store your name, email address, inquiry message, consent, and Usage Data in the Site’s database.
Information submitted through the contact form and the Usage Data is used for spam checking and protection. We do not use the information provided in the contact form for any marketing purpose.
Newsletter and Campaigns
We use ConvertKit as our email marketing service provider.
When you sign up for our newsletter, we send you an email asking you to confirm your subscription. ConvertKit may collect and store your name, email address in our ConvertKit mailing list. We use it to contact you with newsletters, marketing, or promotional materials, and other information that may be of interest to you through email.
You may opt out of receiving any of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may use third-party Service Providers to provide a content commenting channel for you, on the basis of your consent.
We may collect and store the information submitted through the comment form and Usage Data in the Site’s database. Information submitted through the comment form and the Usage Data is used for spam checking and protection. Your name, comment, submitted timestamp, and Gravatar is available to the public who visits our Site.
We may collect and store the information submitted through the review form and Usage Data in the Site’s database. Information submitted through the review form and the Usage Data is used for spam checking and protection. We use your email address to verify that you are our legit customer during the moderation, and the email address is not visible to the public. Your name, review rating, review content, submitted timestamp, and Gravatar is available to the public who visits our Site.
We may use third-party Service Providers to facilitate the e-commerce platform on behalf of our Site and Services, on the basis of the performance of a contract.
We use ConvertKit Commerce as our e-commerce service provider.
ConvertKit Commerce is powered under the hood by Stripe, a world leader in payment processing & fraud detection. ConvertKit Commerce complies with Payment Card Industry Data Security Standards (“PCI-DSS”) requirements. You can find more information about PCI-DSS requirements here.
When you purchase a product that we offer on our Site, ConvertKit Commerce collects your name, email address, and billing information on the checkout page. ConvertKit Commerce is monitoring and managing this process and information. You may read their terms of service for more information. You may access and update your profile and your billing information by accessing the profile link or following the instructions provided in the email we send.
ConvertKit Commerce collects and stores your email address in our ConvertKit mailing list upon your completion of the purchase. We use your name and email address to send you the transaction receipt, keep track of your purchase history, and send you the marketing emails in the future. You may opt out of receiving any of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We use third-party payment processors, Stripe, to assist us in processing your payment securely. In connection with the processing of such payments, we do not retain any personal or financial information such as credit card numbers. Rather, all such information is provided to Stripe.
External Social Media Platforms
We may use third-party social media platforms to improve our marketing activities and continuously optimize our content, on the basis of our legitimate interests.
We promote our Site contents on our public Facebook Page and post member-exclusive content in our Facebook Group, which is operated by Facebook. As the operator of the Facebook Page and the Facebook Group of James Tan Photography, the operator of the social network Facebook and we are the Joint Data Controllers. We may embed the Facebook Page contents on our Site, and provide the social media link to access our Facebook Page.
We use Facebook Insights to process and analyze the statistical data from users on our Facebook Page and Facebook Group, which support us in improving our marketing activities and optimizing our content in order to bring a better user experience to you. For more information, please visit the Facebook Page Insights Controller Addendum.
For this purpose, Facebook places Cookies on the device of the user visiting our Facebook Page and Facebook Group. The data collected in this way is statistically processed and usually anonymous, i.e., we cannot establish any reference to the individual person.
We create photography content on our Instagram page, which is operated by Facebook. Therefore, we may embed the Instagram content on our Site, and provide the social media link to access our Instagram page.
We use Instagram Insights to process statistical data from users on our Instagram page, which supports us in improving our marketing activities and optimizing our content in order to bring a better user experience to you. For more information, please visit Instagram Insights.
For this purpose, Instagram Insights provides us with statistics on specific posts and stories created to find out how users interacted with them. The data collected in this way is statistically processed and usually anonymous, i.e., we cannot establish any reference to the individual person.
YouTube and Google Account
We create video content on our YouTube channel, which is operated by Google. Therefore, we may embed the YouTube videos on our Site and provide the social media link to access our YouTube channel.
We use YouTube Analytics to process statistical data from you on our YouTube channel, which supports us in improving our marketing activities and optimizing our content in order to bring a better user experience to you. For more information, please visit YouTube Analytics.
Google transmits this information to us in aggregation form. For example, the statistical evaluations that we cannot establish any reference to the individual person. However, this does not necessarily mean that the data collection and processing at Google itself are anonymous.
We may use third-party Service Providers to host our Site and Services.
We may use third-party Service Providers for the sole purpose of spam protection in the Services available on our Site, on the basis of our legitimate interests.
3. Opt-out from Interest-based Advertisement
If you wish to opt out of using your Personal Data for interest-based advertising purposes, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out of every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt-out will place a Cookies on your computer that is unique to the browser you use to opt-out. If you change browsers or delete the cookies saved by your browser, you must opt-out again.
Your mobile device may give you the ability to opt-out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
4. “Do Not Track” Policy
Our Site and Services do not respond to Do Not Track signals.
However, some third-party websites do keep track of your browsing activities. If you visit such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
5. Your Rights
We undertake to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.
- Request access to Your Personal Data. The right to access the information we have on you. It also enables you to receive a copy of the Personal Data we hold about you.
- Request correction of the Personal Data that We hold about You. You have the right to correct any incomplete or inaccurate information we hold about you.
- Object to processing of Your Personal Data. This right exists where we rely on legitimate interest as the legal basis for our processing. There is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to you, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information you initially provided consent for us to use or used the information to perform a contract with you.
- Withdraw Your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.
6. System Logs and Maintenance
For operation and maintenance purposes, we may use third-party services to collect files that record interaction with our Site and Services (system logs), like the Usage Data (such as the IP Address) for this purpose.
7. Links To Other Sites
We have no control over, and assume no responsibility for any third-party sites or services content, privacy policies, or practices.
8. Children’s Privacy
Our Site and Services do not address anyone under 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian, and you are aware that your child has provided us with Personal Data, please get in touch with us. If we discover that a child under 18 has provided us with Personal Data, we will immediately delete such information from our servers.
10. Contact Us