Introduction
Sports Fans Pics respects your privacy. We follow and ensure all GDPR principles in our activities: defining purposes, ensuring lawful basis for each processing, minimizing data collection, handing data in a fair, transparent and secure manner, ensuring data accuracy, limiting data retention and respecting Data Subject’s rights.
Who are we?
We are Sports Fans Pics a sports photography website also referred to as “SFP”, “we”, “us” or “our” in this privacy policy. Our registered address is 12 Hanbury Hall, Hanbury Lane, Dublin 8.
Our main activity involves a journalistic and artistic work which is photographing. We disclose a range of sports pictures and we collect and process personal data in order to provide products and/or services relating to these pictures (which are copyright protected). SFP is the data controller in respect of this personal data.
This policy sets out the basis on which any personal data we collect from you will be processed by us.
Our Data Protection Representative may be contacted at info@sportsandfanspics.com or by writing to the above address.
Which personal data we collect from you?
Personal data is any information about an individual from which that person can be identified. It does not include anonymised data from which an individual cannot be identified.
In order to provide our products and services, we collect some personal data as specified below. The type of information we collect and process for these purposes is:
- identity and contact data such as name and email address;
- payment data such as credit/debit card number and country;
- browsing information such as website history and cookies information;
- and any other information provided to us on your behalf to enable us to provide our products or services.
Please, note that we ask you to disclose only as much information as is necessary to provide you with our products and services or to submit an inquiry in relation to them or in relation to our website.
How and why your personal data is collected?
– Sporting Events
SPF attends sporting events to take photographs. These pictures are published on our website where they are available for sale to the public in general.
The legal basis of this processing is our legitimate interests granted by Article 6 (1) (f) GDPR. This means that processing is necessary for the purposes of our legitimate interests. However, such interests cannot override the interests or fundamental rights and freedoms of the individuals.
The purpose of processing and our pursued legitimate interest is to provide journalistic and artistic content on our website, supporting the relationship between sports and fans through the photographs.
When pictures are being taken at a public event attended by large crowds, it is not possible to obtain the consent of all attendees. Nevertheless, SFP promotes and encourages all sporting organisations to have clear signposts around the area indicating that photos are being taken.
It is important to highlight that our professional photographers hold Media Pass and are registered with FAI – Football Association of Ireland. They also are accredited for each event by the responsible organisation. We ensure that our photographers are always clearly visible and identified as a photographer by wearing a vest.
In this context, the individuals who have participated or attended the sporting events were reasonably expecting this processing activity at the time of the collection. However, we respect your privacy and your right to object this processing. If we have taken a photo of any individual who wishes to have the image deleted, we will remove the material from our website and erasure it. For that you can make a Data Subject Request through the link on our website or by contacting our Data Protection Representative.
– Children
SFP understands the importance of the protection of children’s personal data and respects the position of children as data subjects. It is our commitment and obligation protecting the fundamental rights and freedoms of every child when processing our activities.
Sometimes our photographs may include images of children. If an image is taken of a child who is not in focus of the picture, for example in the crowd, it is not always possible to obtain parental consent. However, if we take a photograph where a child is the main focus of the image, we will ensure clear parental consent is obtained.
In addition, when the sporting event involves minors, we will confirm with the responsible organisation if parental consent has been given.
Finally, if parents wish to exercise their children’s right to be forgotten, we will delete the targeted photograph. For that parents may make a Data Subject Request through the link on our website or by contacting our Data Protection Representative.
– Photograph Purchase
When a customer purchases a photograph from our website, we process his/her identity data, which is full name, and contact data, which is email address.
The payments for any purchases you make online on our website are processed by our business partners PayPal and Stripe. They collect and process payment data such as credit/debit card number and country.
The processing of personal data mentioned above is necessary to provide you with our products or in connection with customer services when you make any purchases on our website. In other words, the purpose is to provide you with the products or services you have bought.
The legal basis here is to perform our contract with you in relation to the provision of our goods or services which you purchase through the website. This is granted by Article 6 (1) (b) GDPR.
– Direct interactions
You may give us your personal data when you correspond with us by email, social media or filling in forms on our website such as via “contact” form, “upload your pictures!” form or Data Subject Request form.
For users who interact with our website, we only process your full name and email address to respond to your query when sent through our “contact” form.
When users upload their own pictures on our website through our “upload your pictures!” form, we process the provided photograph and its description, your full name and email address.
It is important to note that when you interact with our website by uploading your own pictures, the consent of third parties in the pictures should be obtained by you.
In addition, if you wish to remove from our website a picture that has been provided by you, please contact us through any of our channels, informing your decision that the targeted photograph will be removed from our website immediately.
About our Data Subject Request form available on our website, we only collect and process personal data necessary to guarantee the rights and requests made by you or on your behalf including verification of your identity. In order to ensure these privacy rights and requests, we use a business partner, OneTrust platform.
The purpose of the processing of personal data provided to us through these direct interactions is to administer our relationship with our clients and support the relationship between sports and fans through the photographs.
In these cases, the legal basis for the processing is your consent, Article 6 (1) (a) GDPR. This consent will follow the GDPR conditions which are freely given, specific, informed, unambiguous and the data subject can withdraw it at any time.
When it is not possible a consent in the parameters above, the legal basis may be our legitimate interest in administrating our relationship with our customers and operation of our business, Article 6 (1) (f) GDPR.
– Browsing information, Cookies and Google reCAPTCHA
When you visit our website we may automatically collect technical data about your device, (for example, device’s IP address and type) browsing actions (such as pages your device visited) and preferences (for example, language).
Like many sites, we use cookies to collect information. You can change the cookie preferences you selected when you first visited our website and interacted with our Cookies Banner by clicking on the link “Cookies Settings” available on each page of our website.
Moreover, SFP uses API Google reCAPTCHA which is a verification tool that may analyse traffic with the purpose of filtering the parts of traffic recognized as spam. This tool is only used to prevent abuse and for security purposes.
Please, find more information about Google reCAPTCHA on:
https://developers.google.com/recaptcha https://developers.google.com/terms/api-services-user-data-policy
The purpose of this processing is to administer and improve our website, enhance your visitor experience and keep our website safe and secure.
The lawful basis for this processing of your personal data are our legitimate interests in improving our website and delivering a safe service, Article 6 (1) (f) GDPR or necessary to comply with a legal obligation, Article 6 (1) (c) GDPR.
Furthermore, the legal basis for setting cookies on your device is your consent, Article 6 (1) (a) GDPR, as established by EU ePrivacy Directive and Irish ePrivacy Regulations. For more information about cookies and how to manage them, please read our “Cookies Policy” and/or click on the link “Cookies Settings” available on each page of our website.
– Third parties or publicly available sources
We do not usually collect personal data from third party sources. However, we may connect with clients and contacts via social media networks, which are Twitter, Facebook and Instagram. In those circumstances we may have access to your publicly available details from that source.
– External links
Our website contains links to other sites. We encourage you to be aware that SFP is not responsible for the privacy standards of other websites. This privacy policy applies solely to www.sportsandfanspics.com.
Who do we share this information with?
We may share your personal data with our business associates (processors) to provide you with our products and services. These business partners may include payments infrastructures, email and cloud services, web hosting provider and information technology services.
When you place an order with us, we do not retain payment card details for future sales. However, we use PayPal and Stripe to process payments for any purchases you make online. In addition, in order to ensure your privacy and security, we use OneTrust platform and API Google reCAPTCHA.
All of our processors with whom your personal data is shared have appropriate technical and organisational measures in place to ensure security and privacy of your personal data as such as being certified by ISO 27001.
Please, find the links of the privacy policies of our partners at the end of this privacy policy.
How long do we keep hold of your information?
The time periods for which we retain your data depend on the type of information and the purposes for which we use it. We will keep your information for no longer than is required or permitted.
Personal data such as identity and contact data (name and email address) are retained by us for as long as you are a customer and for an additional period of 1 year to deal with any customer queries.
In relation to payment data, we do not retain payment card details. However, we ask you to read the privacy policies of our payment processors partners (links at the end of this privacy policy), PayPal and Stripe to find out how they are processing your personal data. They both are compliant with PCI DSS (Payment Card Industry Data Security Standard).
About the photographs, they are all part of our photo gallery which is an artistic collection copyright protected. Following this path, we do not delete the pictures since we rely upon the exemption granted by Data Protection Act 2018. For a better understanding of this, please read below “Limitations To These Rights”.
However, as stated previously, we respect your privacy and your right to object this processing. If you do not feel comfortable with your image on our website, please contact us and we will remove the material from our website and erasure it.
For further information or doubts on the periods for which your personal data is kept, please contact info@sportsandfanspics.com
Do we transfer your information outside the European Union or European Economic area?
SFP’s operations are supported by third-party service providers (processors) such as payment infrastructure, API, privacy platform, email and cloud services, web hosting provider and IT services.
Our business partners mentioned above may be established in jurisdictions outside the European Economic Area. These countries do not always afford an equivalent level of privacy protection. However, we will only transfer your personal data where there are appropriate safeguards in place to protect your personal data.
Furthermore, we only engage with third-parties which have appropriate technical and organisational measures and appropriate safeguards in place to ensure security and privacy of your personal data in transfers outside European Union.
If you would like further information about the appropriate safeguards in place to govern the transfer of your personal data, please contact info@sportsandfanspics.com
What are your rights with respect to your personal data?
You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
– Right to access: you have the right to access the personal data we hold about you.
– Right to rectification: you have the right to require us to rectify any inaccurate personal data about you.
– Right to erasure: you have the right to request us to delete personal data that we hold about you in circumstances such as where it is no longer necessary for us to hold the personal data or, in some circumstances, if you have withdrawn your consent to the processing.
– Right to object: you have the right to request that we no longer process your personal data for particular purposes.
– Right to data portability: you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.
– Right to restriction: you have the right to request a restriction of the processing of your personal data.
If we are processing personal data based on your consent, you may withdraw that consent at any time. However, this does not affect the lawfulness of the processing that was carried out before the withdrawal.
In order to exercise any of the rights set out above or if you are unhappy with how we process personal data, please make a Data Subject Request through the link on our website or contact our Data Protection Representative which details are mentioned at the start of this privacy policy.
You may lodge a complaint with a supervisory authority with respect to our processing of your personal data. The local Supervisory Authority in Ireland is the Data Protection Commission: www.dataprotection.ie
Limitations To These Rights
You may have various rights under GDPR as related above. However, in certain circumstances these rights may be restricted by data protection legislation.
GDPR strengthens citizen’s fundamental rights in privacy but also recognises the right to freedom of expression and information, including processing for journalistic and artistic purposes or literary expression.
Article 85 GDPR establishes exemptions for data processing for purposes of journalistic, artistic or literary expression and leaves to the member states the regulation of these exemptions:
Article 85. (2) For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations),Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.
The Irish legislation, Data Protection Act 2018, provides exemptions or derogations from GDPR if the processing of personal data is necessary to exercise the right of freedom of expression and information:
Data processing and freedom of expression and information
Article 43. (1) The processing of personal data for the purpose of exercising the right to freedom of expression and information, including processing for journalistic purposes or for the purposes of academic, artistic or literary expression, shall be exempt from compliance with a provision of the Data Protection Regulation specified in subsection (2) where, having regard to the importance of the right of freedom of expression and information in a democratic society, compliance with the provision would be incompatible with such purposes.
SFP efforts to comply in all manners with GDPR and to harmonize the right of freedom of expression with the right of privacy but given the nature of the business, it may need to rely on the derogations provided for this purpose.
This policy was last updated on 10th April 2021.
https://www.paypal.com/ie/webapps/mpp/ua/privacy-full
https://stripe.com/privacy-center/legal
https://twitter.com/en/privacy
https://www.facebook.com/about/privacy/update?ref=old_policy
https://www.onetrust.com/privacy/
https://hosting.aruba.it/documents/tc-files/en/7_privacypolicyhostingcart.pdf