Photo Taking Legalities.

Hi

I am a fairly new shopper with 4 months of experience. Today I ran into a situation that has never happened before.

I was at a coffee shop and one of the requirements was to take a discreet photo of the main counter. Now with every photo I have taken in the.past I have always made sure that there is no people in the photos due to privacy. I set up to quickly snap a photo ensuring no one was in the shot. I took the photo and then the cashier came out and asked what was I doing? She stated that I cant take pictures in the store and phoned her manager. So I'm talking to the manager on the phone trying to talk my way out of the situation. So I told him that I was auditing the store and no photos of employees and customers were taken. He proceeded to ask me for my name and my number and the.company i work for.

Has anyone ever experienced this and does anyone know any legality behind this. Can they call the police on me?

Thanks

Tony Figueiredo

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Well, I don't think they can call the police on you, or there really isn't much the police could do other than to ask you to leave and to not take photos. I would worry more about the shop getting rejected. I don't know if you are allowed to tell them you were auditing the store, what did your guidelines say? Did you email your scheduler about this? I personally would have come up with some sort of excuse, such as that I have a blog and when I find a place I really like I take a photo so that I can post it along with good information so that more people know about it. Or I travel a lot and not from around there, I take photos and post on Trip Advisor and was going to give them a good review, they should appreciate free advertising, right? I def wouldn't give them any info about who you work for or your personal info.
I would NEVER say that I was doing an audit! I would have said that I was checking in on social media with a photo telling friends how awesome the coffee is. Or I would have said that I took a photo of the menu to send to a friend so she could tell me if she wanted something.
Yeah, but are they seriously going to follow up on that? Especially when you say how great the coffee was and you were going to give them a good review...

@eyespy wrote:

[www.lawyers.com]
They can kick you out but they cannot call the police unless you refuse to leave. You had no reason to talk to the manager. Make up some lame excuse and then leave. You have to be able to think on your feet pretty well in this business.

"I'm so sorry, I like the color of the countertop and wanted to show it to my wife/husband/designer/architect/painter. I didn't realize it would be a problem but I'm just leaving now anyway."

"I'm so sorry, the pastry in the case next to the counter looked good and I wanted to see if my book club wanted me to bring some next week so was texting them a picture. I didn't realize it would be a problem."

I mean really it doesn't matter, just make up some stupid BS to appease them.

There are reasons that a body stays in motion
At the moment only demons come to mind
Acting in an improv mode is all part of the job description. The folks we interact with do not know the script, but what we say can motivate them to see things our way.

Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel

Poor customer service? Don't get mad; get video.


Edited 1 time(s). Last edit at 04/11/2018 04:42PM by walesmaven.
Thanks guys. I have read and taken mental notes of all the suggestions and guidelines. As i progress further and grow in this business I will learn and get better.

I am a little wiser today and its thanks to all of you.

Cheers.

Tony Figueiredo
We all learn as we go. I was very stressed out when I first started doing this. After a few shops I started to see what shops I liked and others I just did not feel comfortable doing. I will not do Western Union shops because I got way too stressed out. What they asked me to do was more than I was comfortable with.
Please let us know if anything comes from your issue with this shop. I hope you still get paid!
@tonyfig47 wrote:

Thanks guys. I have read and taken mental notes of all the suggestions and guidelines. As i progress further and grow in this business I will learn and get better.

I am a little wiser today and its thanks to all of you.

Cheers.


Edited 1 time(s). Last edit at 04/11/2018 10:50PM by SassyShoppin.
Hi Sassy

Everything is ok and I got paid so its all good

And you are right about finding the jobs that you are comfortable with. I dislike the jobs where you have to "discreetly" take photos inside business, i feel like im breaking the law or something, just the whole being sneaky part, doesnt sit well with me.

Tony Figueiredo
You can discreetly take a photo without getting "caught". One just have to pick their positions. Also turning off the flash or any other sounds on your photo device. Perhaps the noise is what is non 'discreeting" you taking a discreet picture. smiling smiley
You can also say something like you liked this pastry they had in the display case but wanted to decline getting it because you were trying to curb your sweet tooth. I had done this ice cream shop where you had to take photos of the advertisement on the napkin holder, advertisement about their business, the cash counter and some other idiotic item. Of course, they wanted photos of items that were not incompliance. Impossible to remain discreet since I had a digital camera. I grew tired of the MSC reports because after you completed the main report, there were some rating questions-like from 1 to 10, would you recommend this business to a friend, from 1 to 10, rate how you like this business from 1 to 10, rate how blah-blah-blah. It was a whole page of that.
It happens.
I did a shop where I was first a mystery shopper and after a small purchase, I revealed per instructions that I was there to perform the inspection, presenting the employee the letter of authorization.
When I did the "reveal" and presenting of the LOA, the employee read it and then told me in no uncertain terms to leave. He said I could not take any photos and that I must leave. The only thing I asked the employee was, "so, you are refusing for me to perform the inspection?" No reply, I was shown the door.
Okay by me! I took the required photos (off property), wrote everything down on my worksheet and went on my merry way. Later, when filing the report, I explained how it "went down".
I got paid for the shop.
Like what posters have mentioned before, I would have said that I take pictures for review sites such as TripAdvisor or Yelp. Never indicate you are doing an audit, nor out yourself as a shopper.

I've actually been taking pictures of food & beverages, the interior & exterior of venues for review sites for years, and have never been asked what I have been doing. In fact, if I wanted a person in my picture (i.e., a certain coffee shop in Phoenix that has baristas dressed in bikinis only), I usually ask them.
I've been spotted taking a photo before in a restaurant - I just said, oh I'm sorry, I was going to take a selfie...didn't realize that wasn't allowed here. Then I emailed my scheduler to let them know the situation, and completed the shop report. That shop wasn't used, but I wasn't outed as a shopper. Anonymity is crucial for most clients.
Yes. I had situations at Malls and I was warned. I'm your case you were doing non reveal assignment so it's bit complicated. So sorry.
In this age of social media, it's easy to get away with it taking photos. (I'm on a diet and want ask my friends what's the best choice.) I've been shopping for a while and remember when we had flip phones with no cameras. I would have to sneak a picture with a small digital camera. That was tough!
I had problems in the mall several times a few years ago while using a digital camera rather than a phone. In both cases, I was not told to be discreet and it wasn't a problem with the business that I was shopping but with mall security. In one case, I was supposed to take a picture of a kiosk and had actually told the manager that I needed to take a picture and I had a letter of authorization. A security guard came by and said no pictures were allowed to be taken in the mall without permission from Security. I had to go to the security office with him and show the letter.

Edited 1 time(s). Last edit at 04/15/2018 09:03PM by ncschools.
It's so common these days to see people taking pictures in every possible location. I don't think I've ever known of a restaurant that didn't allow photos. Several years ago I did see a no photograph sign on the entry to a Albertsons liquor store of all places.
Some of their daily customers might get a little nervous, LOL.

@ces1948 wrote:

Several years ago I did see a no photograph sign on the entry to a Albertsons liquor store of all places.
I always use a DSLR when taking pictures. I have a full auto setting with no flash, so that's what I use. I leave the camera hanging around my neck, and just reach down and hit the shutter button. I sometimes have to do a bit of cropping and straightening in Photoshop, but never run into any problems.

It's important to remember that businesses are private property that are open to the public, and they can restrict photography on their property.

"To be persuasive we must be believable; to be believable we must be credible; to be credible we must be truthful." Edward R. Murrow

Thou shalt not steal. I mean defensively. On offense, indeed thou shall steal and thou must.--Branch Rickey
I wonder if the one-party rule is in effect for video/stills as it is for recordings? Also shouldn't it be posted in this day and age that no photos are allowed?
Photos, video, and audio all have different rules. The single party or two party consent refers only to audio recording.

There are reasons that a body stays in motion
At the moment only demons come to mind
Always have a fake name and phone number ready. Unless you are actual doing an audit. I say I'm working on a college project.
Always have a fake name and phone number ready.unless you are actual doing an audit. I say I'm working on a college project.
I agree with others who advised you here, you just aggravated the problem. I take lots of photos in shops. I've had people working in the stores of my shops do them for me! Next time come up with a good excuse instead...as another said, thinking on your feet is a large requirement for the job

Edited 2 time(s). Last edit at 04/17/2018 04:20AM by technowhiz.
This makes me think of something that happened to me last year. I was taking pictures of the outside of a restaurant as I was required to do. Some fellow, I am almost sure he was a customer, came out of the restaurant demanding that I stop taking pictures of him and demanding to know why I was taking pictures of him. He seemed angry. He was yelling at me, and he was scaring me. I never had anything like that happen before. I got away from him as fast as I could, went back to my car and left. When I checked the pictures later I found that he was not in them. I had been very careful to make sure I did not have identifiable people in them. He was all bent out of shape over nothing.

The odd thing is that when I had been inside the restaurant taking pictures no one seemed to even notice me.

I never was able to get the long shot of the entire front of the building that the mystery shopping company wanted, but luckily they paid me anyway. I made sure to explain to them what had happened.

"Evolve thyself and lose all hate...." Orphaned Land
Some of my audit/inspection assignments require me to take several outside pictures of the building. I don't have to worry about the building occupant because they know I'm there to take pictures inside and out but I heard something on the radio the other day that gave me pause. The local sheriff's office was doing a psa about reporting suspicious activity and one of things he said to report was "people taking pictures of buildings"
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