Data Controller

1. Identity

For data processing carried out directly in the context of the operation of the site and the relevant photographic activity, the data controller is:

Brian Gokas

Rue Louis Hap 198

1040 Etterbeek

Belgium

Telephone: 0475 31 41 25

Email: info@briangokas.com

This email address can be used for any questions regarding:

• this policy;
• personal data;
• cookies;
• the right to image;
• or the exercise of rights provided by the GDPR.

Processed Data

2. Data provided directly

When you contact Brian Gokas, particularly via the site, by email or by telephone, the following data may be processed:

• name ;
• first name ;
• email address ;
• phone number ;
• company or organisation ;
• job title ;
• message content ;
• information related to the photographic project ;
• date and location of a proposed service ;
• type of event ;
• information necessary for the establishment of an offer or quote ;
• as well as any other information you voluntarily choose to provide.

It is recommended to only provide the information necessary for processing your request.

3. Data collected when using the site

Certain technical information may be processed automatically when visiting the site.

This may include :

• the IP address ;
• the type of device used ;
• the browser ;
• the operating system ;
• the date and time of the visit ;
• the pages viewed ;
• technical data related to the operation of the site ;
• and information contained in cookies or similar technologies.

The exact nature of the data depends in particular on the features and services actually activated on the site.

4. Photographs

As part of photographic activity, photographs depicting identified or identifiable persons may constitute personal data.

This may particularly concern photographs taken during :

• institutional events ;
• professional events ;
• private events ;
• weddings ;
• baptisms ;
• ceremonies ;
• portraits ;
• reportages ;
• or other photographic services.

The processing and use of these photographs depend on the context of the service, its purpose, and the applicable authorisations or other legal bases.

The publication of a photograph on the site's portfolio constitutes a distinct use from its mere creation and is assessed based on the rights applicable to the person represented.

Purposes and legal bases

5. Response to contact requests

The data provided when a person makes contact is used to :

• respond to the request ;
• provide information ;
• discuss a project ;
• check availability ;
• or prepare a business proposal.

When the contact concerns a proposed service, the processing is based in particular on the pre-contractual steps taken at the request of the person concerned.

For a general request without contractual nature, the processing may also be based on the legitimate interest of responding to individuals who make contact regarding the activity.

6. Preparation and execution of a service

When a photographic service is agreed upon, the necessary data may be processed in order to :

• communicate with the client ;
• prepare the service ;
• organise the report or session ;
• carry out the service ;
• deliver the photographs ;
• ensure the follow-up of the project ;
• manage any subsequent requests ;
• establish the contractual documents ;
• and ensure the administrative management of the relationship.

These processes are primarily based on the execution of the contract or on the pre-contractual steps necessary for its conclusion.

7. Administrative and legal obligations

Certain data may be retained and processed in order to comply with applicable obligations, particularly in terms of :

• accounting ;
• invoicing ;
• taxation ;
• proof of transactions ;
• or responding to requests from a competent authority.

These processes are based on compliance with legal obligations.

8. Protection of rights and security

Certain information may be used when necessary in order to :

• ensure the security of the site ;
• prevent abuse ;
• prevent attempts of unauthorised access ;
• establish proof of communication or a contractual relationship ;
• assert, exercise or defend a right ;
• or manage a potential dispute.

These processes may be based on the legitimate interest of protecting the site, the activity, and the rights of the data controller.

9. Publication in the portfolio

Certain photographs taken as part of a service may be presented on the site to illustrate the photographic work and the services offered.

When publication requires the consent of the person represented, this publication is carried out within the limits of the granted consent.

A consent regarding the publication of a photograph may be limited in particular to:

• certain media;
• certain purposes;
• a certain duration;
• or a specific context.

A request regarding a published photograph may be addressed to:

info@briangokas.com

Recipients

10. Persons with access to the data

Personal data is only accessible to those individuals and providers who reasonably need it to enable the functioning of the site or to achieve the purposes described in this policy.

This may include in particular:

• the site publisher;
• the host;
• Odoo and its potential technical subcontractors;
• the email service provider;
• IT service providers;
• file storage or transfer solutions;
• accounting or administrative service providers;
• or other providers strictly necessary for the execution of a service.

Data may also be communicated to a public authority when a legal obligation requires it.

Personal data is not sold to third parties.

Data transfers

11. Processing outside the European Economic Area

Some technical service providers may process data from countries located outside the European Economic Area.

When a transfer of personal data subject to the GDPR is made to a third country, it must be based on a mechanism recognised by the applicable legislation, including:

• an adequacy decision;
• appropriate safeguards;
• or, where necessary, standard contractual clauses approved by the European Commission.

Retention

12. Retention period

Personal data is not retained longer than necessary in relation to the purpose for which it was collected.

The duration depends in particular on:

• the nature of the request;
• the existence or non-existence of a contractual relationship;
• the applicable legal obligations;
• the timeframes necessary for the defence of rights;
• and the nature of the data concerned.

Requests without service

Data relating to a simple request for information or to a project that ultimately did not result in a service is not intended to be retained indefinitely.

They may be deleted when they no longer have reasonable utility for tracking the request.

Clients

The data necessary for the execution and monitoring of a service may be retained for the duration of the contractual relationship and then for the period necessary to comply with legal obligations and to ascertain, exercise or defend potential rights.

Accounting documents

Invoices, accounting documents and information that must be retained in accordance with tax or accounting legislation are kept for the periods provided for by the applicable legislation.

Photographs

The retention of photographs depends in particular on:

• the agreed service;
• the delivery methods;
• the necessity of keeping a backup;
• the rights granted;
• and any potential use in the portfolio.

A photograph published in the portfolio may be removed when a legally justified request requires it or when a validly withdrawn permission makes its publication impossible.

Rights of individuals

13. Your rights

Subject to the conditions and exceptions provided for by the GDPR, any data subject may in particular have:

• an access right to their personal data;
• a right to rectification of incorrect data;
• a right to erasure in the situations provided for by legislation;
• a right to restriction of processing ;
• a right to object to certain processing ;
• of a right to data portability when the conditions set out by the GDPR are met ;
• of the right to withdraw consent when processing is based on it ;
• and of the right to lodge a complaint with a supervisory authority.

The withdrawal of consent does not affect the lawfulness of processing carried out before that withdrawal.

14. Exercising your rights

Any request can be sent to :

info@briangokas.com

The request must allow for sufficient identification of :

• the data subject ;
• the data or photographs concerned ;
• and the right they wish to exercise.

When reasonably necessary to avoid disclosing or deleting data at the request of an unauthorised person, identity verification may be required.

Requests are processed within the time limits set by applicable legislation.

Supervisory authority

15. Complaint

Any person who believes that their personal data is being processed in violation of applicable legislation may lodge a complaint with :

Data Protection Authority

35 Rue de la Presse

1000 Brussels

Belgium

The possibility of lodging a complaint does not prevent the data subject from contacting the address :

info@briangokas.com

to attempt to resolve the issue directly.

Cookies and similar technologies

16. What is a cookie?

A cookie is a small amount of information that may be stored or accessed on a computer, smartphone, tablet, or other device when visiting a website.

Other technologies that allow for the storage or access of information on the user's device may be subject to similar rules.

17. Strictly necessary cookies

The site may use cookies that are strictly necessary for its operation.

They may allow for:

• ensuring the technical functioning of the site;
• guaranteeing its security;
• managing a session;
• retaining the language choice;
• or remembering expressed preferences regarding cookies.

When the conditions set by legislation are met, these cookies may be used without prior consent.

18. Statistical, external or marketing cookies

The site may potentially use, depending on its configuration, technologies intended to:

• measure audience;
• establish statistics;
• integrate content from external services;
• integrate social media features;
• or measure the effectiveness of certain communications.

When these cookies or technologies are not strictly necessary and consent is required by legislation, they should only be activated after the user has expressed a valid choice.

19. Management of consent

When consent is required, the user must be able to :

• accept the relevant cookies ;
• refuse them ;
• select the categories they wish to allow when this option is offered ;
• and modify or withdraw their consent later.

Refusing non-essential cookies must not prevent the use of essential features of the site.

Continuing to browse does not, by itself, constitute valid consent to the use of non-essential cookies.

20. Duration of cookies

Cookies are not intended to be kept longer than necessary for their purpose.

The precise duration depends on the cookie and the relevant service.

When the site uses a consent manager, information regarding the categories of cookies, their origin and, when available, their duration can be consulted in the cookie management tool.

Security

21. Data protection

Reasonable technical and organisational measures are implemented to protect personal data against, in particular :

• loss ;
• destruction ;
• unauthorised access ;
• unauthorised disclosure ;
• alteration ;
• or misuse.

No computer system or online service can offer absolute security, these measures are adapted according to the nature of the processing and the means reasonably available.

Data of minors

22. Photographs of minors

As part of certain services, particularly family events, ceremonies or reports, minors may appear in photographs.

When the authorisation of a legal representative is required for the publication or use of a photograph of a minor, this authorisation must be obtained in accordance with the applicable rules.

The presence of a photograph depicting a minor on the site does not in any way allow a third party to reproduce or reuse it freely.

Policy modification

23. Update

This privacy policy may be adapted to take into account, in particular:

• a change in the site;
• new features;
• a change of provider;
• an evolution of data processing;
• or a modification of the applicable legislation.

The date of the last update is indicated at the top of this page.

When the changes made have a significant impact on how data is processed, the individuals concerned are informed when required by law.

24. Contact

For any questions regarding personal data protection, image rights or cookies:

Brian Gokas

Rue Louis Hap 198

1040 Etterbeek

Belgium

Telephone: 0475 31 41 25

Email: info@briangokas.com