Privacy Policy

Effective Date: July 6, 2026
This Privacy Policy explains how Derkach Dmytro ("I", "my", "Data Controller") collects, uses, stores, and protects your personal data when you visit my website, fill out contact forms, or book a photography session.

Operating out of Brussels, Belgium, my data processing practices strictly comply with the EU General Data Protection Regulation (GDPR) and the Belgian Privacy Act of July 30, 2018.

1. Data Controller Contact Details
For any questions regarding your personal data or this policy, you can contact me directly:

• Name: Derkach Dmytro, operating under the production framework of Smart Coop.

Location: Rue des Fuchsias 40 1080 Molenbeek-Saint-Jean

• Enterprise Number: Hosted via SMART Coop (Déclic asbl) — Enterprise Number: BE 0459.736.311
• Email: dmitry.dercach@gmail.com

2. What Personal Data is Collected & Why
I process your data only when there is a valid legal basis under Article 6 of the GDPR. As a professional photographer, I collect the following categories of data:
A. Contact & Booking Data

• What is collected: Name, email address, phone number, and any details you provide about your requested photography project.
• Purpose: To respond to your inquiries, schedule consultations, and manage bookings.
• Legal Basis: Performance of a contract (or taking steps at your request prior to entering into a contract).

B. Financial & Billing Data

• What is collected: Billing address, bank account details (IBAN), and transaction records.
• Purpose: To issue official invoices (factures / facturen) and comply with Belgian tax bookkeeping laws.
• Legal Basis: Legal obligation under Belgian tax and commercial law.

C. Visual Data (Photographs & Videos)

• What is collected: Photographic images and video footage capturing your likeness.
• Purpose: To fulfill our photography contract, perform image post-processing, and deliver the final digital assets to you.
• Legal Basis: Performance of a contract.

D. Digital & Technical Data

• What is collected: IP address, browser type, location data, and website interaction metrics via cookies.
• Purpose: To ensure website security, optimize performance, and understand how visitors interact with my portfolio.
• Legal Basis: Legitimate interest (for strictly necessary functional cookies) or Consent (for analytical/marketing cookies).

3. The Belgian "Right to Image" (Droit à l'image / Portretrecht)
Under Belgian law (Article XI.174 of the Code of Economic Law), your physical likeness is highly protected.

• Taking your photo and publishing your photo are treated as two distinct legal permissions.
• I will never publish recognizable photographs of you in my online portfolio, website galleries, or social media channels without your explicit, written, and prior consent (typically secured via a signed Model Release or service contract).
• You hold the right to withdraw your consent for portfolio publication at any time.

4. How Long Your Data is Stored
I retain your personal data only as long as required for business, legal, or tax purposes:

• Inquiry Forms: Deleted after 1 year if a booking contract is not executed.
• Session Images & Client Files: Final processed images are securely archived for 1 year from the session date to assist you with data recovery requests, after which they are permanently deleted unless an extended archival period is explicitly agreed upon. Unused raw files are cleared regularly.
• Invoices and Financial Records: Retained for exactly 7 years to comply with Belgian statutory tax requirements.

5. Third-Party Data Processors
I do not sell or lease your personal data. To run my photography workflow effectively, I share specific data categories with trusted cloud-based services that are also strictly bound by GDPR regulations:

• Website Hosting: Tilda Platform (stores form submission payloads safely).
• Client Gallery Delivery: [e.g., Pixieset / Pic-Time / Google Drive] (used to transfer high-resolution files to you).
• Accounting Software: For generating invoices and reporting tax info to my Belgian accountant.
• Web Analytics: Google Analytics (deployed only if you accept analytical cookies via the user banner).

6. Your Rights Under GDPR
You have complete control over your personal data. You can exercise the following rights by emailing me at dmitry.dercach@gmail.com:

• Right of Access: Request a complete summary and a copy of the data I hold about you.
• Right to Rectification: Request updates or corrections to inaccurate or incomplete personal information.
• Right to Erasure ("Right to be Forgotten"): Request the total deletion of your personal records and portfolio photos, provided it does not conflict with statutory financial retention laws.
• Right to Withdraw Consent: Revoke your portfolio publication permission at any time. Upon receiving your request, I will remove your images from my website swiftly.

7. Lodging a Complaint
If you believe your data privacy rights have been infringed, you have the right to file an official complaint with the Belgian Data Protection Authority:

• Entity: Autorité de protection des données (APD) / Gegevensbeschermingsautoriteit (GBA)
• Address: Rue de la Presse 35, 1000 Brussels
• Website: www.dataprotectionauthority.be