PRIVACY POLICY

Last updated: 31 January 2025 (check often as the policy can be revised without notice)

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Thank you for taking your time to check "the artist's" body of work and hanging around long enough on the portfolio. This page is created over a continuous response and more than necessary complaints and confrontations from the offended. Below are sections that outline privacy regulations and my objective definition of "sensitive entities". If you happen to be featured on my body of work, assume coincidental encounters. Make sure of yourself where to seek the appropriate redress and grievances.

1. PUBLIC PHOTOGRAPHY & LEGAL COMPLIANCE

All images displayed here were captured in public spaces, where there is generally no reasonable expectation of privacy. These images are created for artistic and documentary purposes only and are not used for commercial exploitation.

All images displayed here were captured in public spaces, where there is generally no reasonable expectation of privacy. These images are created for artistic and documentary purposes only and are not used for commercial exploitation. The "ala carte" image alone does not generate profit out of the image.

GDPR Compliance: This website complies with the General Data Protection Regulation (GDPR) for viewers in the Europian Union or EEA. Photographs are captured under the lawful basis of legitimate interests, balancing artistic freedom with respect for individuals. If you or someone you know is featured in an image and you have concerns, you have the right to request review or removal. Please email gimphotografie@gmail.com with a description of the image and your concerns. A decision will be handled in one take and may not be appealed again should the request be turned down.

People in vulnerable situations and with disabilities, physical and "invisible", will be photographed in public areas and spaces without any notice. There will be no exceptions.

2. SENSITIVE AND CONFIDENTIAL ENTITIES

For the purposes of my photography, "sensitive and confidential entities" include:​​

• Individuals receiving healthcare or engaged in activities covered by HIPAA regulations in protected medical context. In Gian's case, this is more uncommon instance than you think

• Minors in special education or other recognized accommodations. "The Artist" would also then sought for permission and approval from school administrators and the special education department before photographing inside the campus and classroom. However; minors with disabilities aged 13 to 17 will still be photographed with no consent on a public area outside school campuses. (If this is a school sanctioned field trip; 

• People with disabilities (PWD) where their identity might be highlighted in unintended ways.

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However Gian's definition of an actual reasonable expectation of privacy lies with:

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Clearly written information that includes a person's name, home address, city or town of residence, or phone numbers. Written texts are found on passport, ID documents, school ID, reduced fare card, tribal enrollment card, court and medical records. A person's face alone do not fall under the HIPAA and confidentiality regulatories. It must be a written text that states the information.

3. CONSENT AND RELEASES​
 

Images photographed by Gian Magana are taken in public spaces, including but not limited to alleys, streets, shopping centers, food courts, community centers, and transit properties. These locations fall under the scope of street photography, an art form dedicated to documenting everyday reality and human experiences.

 

All images are intended for artistic and documentary purposes only and will not be used for commercial gain. Every effort is made to respect the dignity and privacy of the individuals depicted.

 

If you have concerns about a specific image, don't hesitate to get in touch with gimphotografie@gmail.com to discuss its use. Requests for image removal will be considered on a case-by-case basis, emphasizing fairness and ethical practice. However, submission of a request does not guarantee removal, as images taken in public spaces are generally protected under free speech and artistic expression laws. Thank you for understanding.

 

By voluntarily participating in street portraits, subjects grant full permission for their likeness to be photographed and used for artistic and documentary purposes. No monetary compensation or additional consent is required unless explicitly agreed upon in writing.

 

This section reflects a commitment to responsible street photography while balancing artistic expression with ethical guidelines and legal considerations.

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4. USE OF COOKIES AND TRACKING TECHNOLOGY

This website may use cookies or other tracking technologies to enhance user experience and gather analytical data. Cookies help remember your preferences, enabling a smoother browsing experience. By using this website, you consent to the use of these cookies, though you have the option to control or disable them through your browser settings.

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Please note that disabling cookies may affect the website's functionality and limit your ability to access certain features. "The artist" do not use cookies to collect personally identifiable information unless explicitly stated in sections of this policy.

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5. DATA HANDLING AND SECURITY

Although my photography practice involves capturing images in public spaces, "the artist" do not collect or store personally identifiable information from website visitors unless voluntarily submitted (e.g., via email).

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For email inquiries, contact forms, or requests related to your appearance in photographs, your information will be used solely for communication regarding privacy concerns. Any information shared will be stored securely and not used for marketing or commercial purposes.

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"The artist" will take reasonable precautions to ensure the security of the data stored on this site and prevent unauthorized access or misuse.

However, no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute security.

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6. THIRD-PARTY WEBSITES AND LINKS

This website may contain links to third-party websites and social networking services (SNS) sites. These links are provided for your convenience, but "the artist" assumes no responsibility for the privacy practices or content of these external sites. If you choose to visit third-party websites, please review their respective policies.

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"The artist" have no control the content or practices of third-party websites, and they may have different privacy practices than this site. Practice a little of mindfullness upon sharing personal information with external websites and SNS.

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6. MODIFICATIONS TO THIS PRIVACY POLICY

"The artist" reserve the right to update or modify this Privacy Policy at any time. If changes are made, the updated policy will be posted on this page with an updated "Last Revised" date.

 

"The artist" assumes no responsibility for "his" typos, spelling or grammatical errors in this page or the website. Your continued use of our website and services following any updates constitutes your acceptance of those changes.

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If significant changes are made that may affect your privacy rights, you will be notified via email or through a notice on the website.

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7. CONTACT INFORMATION AND BODY-OF-ART ENQUIRIES

If you have any questions or concerns regarding this Privacy Policy, or if you would like to request a review or removal of any images in which you are featured, please do not hesitate to contact me.

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Email: gimphotografie@gmail.com
Subject Line: Privacy Policy Inquiry

 

Your privacy is important, and "the artist" could not stress more enough than that. "The artist" takes committed approach to address any redresses and concerns promptly.

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