Privacy Policy

(last updated in June 2018)

This privacy policy applies to the internet appearance of the photo artist acahaya that can be found at acahaya.com | .de | .eu | .net | .photography | .photos | .pictures, the acahaya profile on Flickr, the Instagram account of acahaya_photography and for the Facebook fanpage acahaya.photo. It describes acahaya photography’s privacy policy with regards to the possible collection of personal information provided to me.
acahaya (below referred to as ‘i’, ‘my’, ‘me’) is committed to safeguarding the privacy of the visitors of her website; this policy sets out how personal information is treated.
This website is a non-commercial portfolio of my images. It does not contain commercial content in form of things to order or book.

By using my website and reading this policy, you consent to my use of cookies in accordance with the terms of this policy. This policy may be updated from time to time and will take effect upon publication to the website.

Contact and Supervisory Authority

Person in charge
acahaya Photography
Email: privacypolicy[at]acahaya.com
see Imprint for the complete address and contact options

Data Protection Officer:
Due to size and business field, acahaya Ohotography is not subject to any obligation to appoint a data protection officer under EU or national law; however, i seek advice from a certified data protection officer.

Supervisory Authority:
Bayerisches Landesamt für Datenschutzaufsicht
Promenade 27 (Schloss)
91522 Ansbach
Phone +49 981 53-1301
Email: datenschutz[at]reg-mfr.bayern.de

(A) What information do i collect in general?

I may collect, store and use the following kinds of personal information according to GDPR Art. 6 (1) b to prepare or fulfill a contract (a TfP or Pay photo shoot where i am the one paying a model) or according to GDPR Art. 6 (1) f o to pursue my own legitimate interests in photography and creating a portfolio of my images.

  • information you may provide to me by email or telephone for the purpose of contacting me, such as your name, email address and telephone number if you provide one.
  • any other personal information that you choose to send to me by email.

Technical data collected automatically when you visit this website

When using our websites, our hosting provider automatically collects data in log files ("server log files") which your web browser / provider transmits to us. When you visit our websites, our web server temporarily stores the following information as standard:

  • the websites you visit on our website as well as the date, time and duration of your visit,
  • the type of browser you are using and the operating system and display medium you are using,
  • the names of the downloaded files and their IP address at the time of access,
  • the website from which you are visiting us ("referrer URL")

If we evaluate this technical data, this is done anonymously and to protect our legitimate interests in accordance with DSGVO Art. 6 para. 1 lit. f. This includes, for example, ensuring a smooth connection setup of the website, ensuring the correct display and comfortable use of our website, evaluating the system security and stability as well as other administrative purposes that serve the security of our website.

These data are not combined with other data sources. However, we reserve the right to check this data subsequently if we become aware of any concrete indications of illegal use. This data will be deleted from our servers after 7 days according to the legal deadlines.

Classical analysis programs and other techniques for evaluating your usage behaviour are not used on our websites.

Even though www.acahaya.com is encrypted, i decided to not use a contact form or a mailTo Link to avoid collecting personal data through the internet and want to encourage you to send an email or call me on the phone instead. No matter which communication channel you choose, you accept that such use is at your own risk.
Before you disclose the personal information of another person to me, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.


(B) Using your personal information

Personal information submitted to me via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
I may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) deal with enquiries and complaints made by or about you relating to the website;
(e) keep the website secure and prevent fraud;
(f) verify compliance with the terms and conditions governing the use of the website;
(g) prepare and hold a photo session

I will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.


(C) Cookies used on the website

A cookie is a small non-poisenous file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
This website uses both "session" cookies and "persistent" cookies. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. The koken CMS used for this website stores the following three cookies according to GDPR Art. 6 (1) f to ensure that the website is corrrectly displayed and properly working and to see which of my images you like best:

  • cookiecontent_dismissed: Persistent cookie, Koken CMS Cookie Banner Plugin
    Used to remember if you have already read and accepted my cookie info bar. I know it is riddiculous to use a cookie to tell you something about cookies :-D
  • Koken Referrer: Session Cookie, Source: Koken CMS:
    The koken_referrer cookie helps to return a user to the proper context when entering/leaving the lightbox. It oes not contain any personal data.
  • Koken Image Rating: Persistent Cookie, Source Koken CMS Rating Plugin:
    This cookie registers a visitor's vote for an image. It is created when you click on the small heart symbol below an image to show that you like it and ensures that you can see which of my images you already liked.
    No personal information is collected that will identify you as an individual. I only have rating enabled for select image albums where i want my visitors help to decide which images to contribute to a book or an exhibition. Unfortunately it is not possible to implement an OptIn or OptOut for this cookie, i suggest to simply not rate my images if you do not want to leave crumbs.
My website will still work even if you do not allow your browser to accept cookies but you may encounter navigation problems. It also does not store 3rd party cookies.


(D) Social Media Platforms

All Communication, engagement and actions taken through external social media platforms like Facebook, Instagram, 500px, Flickr and all photo communities that this website and its owner participates on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to your own privacy.

acahaya will never ask for personal or sensitive information through social media platforms and encourages users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website does not use any social sharing or like buttons which help share web content or track directly from web pages to your social media platform. acahaya only uses default html links to acahaya's profiles on facebook, Instagram and Flickr.
You are generally advised before using social sharing buttons that you do so at your own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Information about data processing with regard to my Facebook fanpage

OnJune 5, 2018, the European Court of Justice ruled that Facebook and a Facebook page operator are jointly responsible for data processing under data protection law.

One day later, i.e. on 6 June 2018, the German Data Protection Conference (Association of German Supervisory Authorities) issued a so-called resolution with regard to this joint data protection responsibility.

Accordingly, I must inform you comprehensively about the data processing that takes place on and through my Facebook page, especially if you do not use Facebook itself.
Well, I'd love to. However, I don't currently have more information available than Facebook itself. Facebook gas a data policy, including information about your rights as an individual.

Furthermore, I would have to conclude a contract with Facebook in accordance with Art. 26 GDPR with regard to joint responsibility with Facebook. I'd like to do that, I suppose. But so far, Facebook has simply not yet commented on the matter.

Well, I'll keep you posted.

(E) Shortened Links in Social Media

I may share web links to relevant web pages through my social media platform accounts or on this website. By default some social media platforms shorten lengthy urls [web addresses] (this is a harmless example: https://bit.ly/2IpNcxU). Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by me. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore i cannot be held liable for any damages or implications caused by visiting any shortened links.


(F) Disclosures

I will not disclose information gathered about you other than as deemed reasonably necessary for the purposes set out in this privacy policy.
Your personal information may be disclosed:
(1) to the extent required by law.
(2) in connection with any ongoing or prospective legal proceedings
(3) in order to establish, exercise or defend my legal rights (including providing information to others for the purposes of fraud prevention)
(4) to any person who i reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.


(G) Security of your personal information

(1) I have taken reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. I will store all the personal information you provide on my own secure password protected servers.
(2) You acknowledge that the transmission of information over the internet is inherently insecure, and i cannot guarantee the security of data sent over the internet.


(H) Your rights on information, eraasure, rectification, restriction of processing, data transferabillity and complaint

  • You may instruct me to provide you with any personal information i hold about you. Provision of such information will be free but you need to supply an appropriate evidence of your identity. I may withhold such personal information to the extent permitted by law.
  • You have the right to ask for a correction, locking or deletion of the personal information i hold about you, provided that no legal storage rules apply.
    Please let me know if the personal information, which i hold, about you needs to be corrected or
    updated.
  • You have the right to withdraw your consent in cases where you as a data subject have given consent
    to the processing of your personal data
  • You have the right to data transferability but as i do not normally receive any personal data via in structured form via my website or email, i cannot offer you a classic data export function. However, i will examine your request for legal requirements and technical feasibility and contact you within the prescribed deadlines for implementation.
  • You have the right to send a complaint to any supervisory autority, not only the one responsible for me.

(I) Third party websites

The website contains links to other websites. Links are provided where deemed are appropriate and may be of interest and provided only as such. I am not responsible for the privacy policies or practices of third party websites and caution should be exercised before using any links.

(J) Complaints and Contact

If you have any questions about this privacy policy or our treatment of your personal information, please send an email to the contact information at the top of this page.

(K) Right of appeal to a supervisory authority

If you think that this website violates data protection regulations, you can complain to a supervisory authority of your choice, e.g. the one responsible for acahaya mentioned above.


(L) Spam and Advertising

I oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, i reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.