Privacy policy

Introduction

Welcome to the Creative Access privacy notice.

Creative Access respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Creative Access collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, contract with us to provide a service or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Creative Access is the controller and responsible for your personal data (collectively referred to as Creative Access, “we”, “us” or “our” in this privacy notice).

If you wish to know more about our data protection policy, please contact us using the information below.

Creative Access, ITV, 195 Wood Lane, London, W12 7FQ.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

The data protection law in the UK changed on 25 May 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

Special Category personal data

Due to the nature of the services we provide, you will be asked to provide sensitive personal data, also referred to as special category personal data. Special category personal data includes information relating to your ethnic origin, political opinions, religious beliefs, whether you belong to a trade union, your physical or mental health or condition, sexual life, and whether you have committed a criminal offence. We will only collect your sensitive personal data where we have a legal ground to do so or with your explicit consent.

In order to lawfully process special category data, we must hold both a lawful basis and a separate condition for processing (Articles 6 and 9 of the UK General Data Protection Regulation). If you have any questions on any special category data we collect and how it is processed please contact us on info@creativeaccess.org.uk.

Personal data from third parties

Occasionally we may receive personal data about you from other sources, which we will add to the information we already hold about you in order to help us provide, improve and personalise the services we provide. If you apply for a job with us, we may also receive personal data from those who provide references relating to your prospective or actual engagement or employment.

Affirmative Action

You understand that one of the reasons that we collect and collate your personal data is in connection with affirmative action programmes and in order for Creative Access to check eligibility for roles that are being recruited as part of an affirmative action programme.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, [server logs] and other similar technologies.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources including search information providers and other providers of technical, payment and delivery services.

Information on behalf of others. If you give us personal data on behalf of another individual, for example when putting that individual forward as your emergency/alternate contact or referee or next of kin, or by acting as that individual’s emergency/alternate contact, referee or next of kin, in providing that personal data to us you are confirming that you have sought and obtained, from that individual, permission for you to:

o Consent on their behalf to the processing of their personal data; o Receive on their behalf any data protection notices; and
o If relevant, consent to the transfer of their personal data abroad,

and you shall indemnify us and hold us harmless against any claims, actions, proceedings, losses, damages, costs (including reasonable legal costs) and expenses (including taxation), in each case of any nature whatsoever, arising out of or in connection with your failure to obtain these permissions.

4. How we use your personal data

We use your personal data collected via our websites or services for a variety of business purposes described below. We process your personal data for these purposes in reliance on our legitimate business interests (Business Purposes), in order to enter into or perform a contract with you (Contractual Reasons), with your consent (Consent), and/or for compliance with our legal obligations (Legal Reasons). We indicate the specific processing grounds we rely on next to each purpose listed below.

We may process your personal data for the following purposes:

To take steps towards entering into a contract with you, to provide the services (Contractual Reasons).
Enable us to follow up on enquiries made by you in relation to our services and/or to provide information you have requested;
Contact your referee(s) or to obtain a reference for a job that you are applying for;
Notify you of any changes to our website or services that may affect you; and
To facilitate a recruitment process in which you are involved.
To send administrative personal data to you for Business Purposes, Legal Reasons and/or possibly Contractual Reasons. We may use your personal data to send you product, service and new feature information and/or information about changes to our terms and policies, as may be in place from time to time.
To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our brand partners may use your personal data for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails (see below for further details).
To facilitate account creation and the log-in process with your Consent.
To administer promotions for our Business Purposes and/or with your Consent.
To request feedback for our Business Purposes and/or with your Consent. For example, we may use your personal data to request feedback and to contact you about your use of our website.
To protect Creative Access for Business Purposes and/or Legal Reasons. We may use your personal data as part of our efforts to keep Creative Access and the services we provide safe and secure (for example, for the purposes of monitoring and/or preventing fraud).

To enforce our terms and policies for Business Purposes, Legal Reasons and/or possibly Contractual Reasons.
To check eligibility in connection with any affirmative action programmes
To respond to legal requests and prevent harm for Legal Reasons. For example, if we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
We may use your personal data for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our and to evaluate and improve our services and your experience.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new candidate, intern, client or customer	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your order including:(a) Manage payments, fees and charges(b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:(a) Notifying you about changes to our terms or privacy policy(b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity(b) Contact(c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Will your personal data be shared with anyone?

We only share and disclose your personal data in the following situations:

Contractual. We may share personal data with brand providers and partners to enable any services, or obligations arising out of any orders for services, to be fulfilled.
Compliance with Legal Obligations. We may disclose your personal data where we are legally required to do so in order to comply with applicable laws, governmental requests, judicial proceedings, court orders, or legal processes, such as in response to a court order or a subpoena (including in response to requests from public authorities in order to meet national security or law enforcement requirements).
Vital Interests. We may disclose your personal data where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, illegal activities or situations involving potential threats to the safety of any person, or where we believe it is necessary for the purpose of providing evidence in connection with litigation proceedings in which we are involved.
Third Party Service Providers. We may share your personal data with third party vendors, service providers, credit reference agencies, trade associations of which we are a member, credit card associations, contractors or agents who perform services and require access to such personal data to carry out that work for example IT providers. Such third parties will only have access to your personal data to the extent that they need to perform those services. They are required to keep your personal data confidential and may not use it other than as we ask them to and always in accordance with this Policy.
Business Transfers. We may share or transfer your personal data in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Third Party Advertisers. We may use third party advertising companies to serve ads when you visit our website. These companies may use personal data about your visits to our website and other websites that are contained in web cookies and other tracking technologies in order to provide personalised advertisements about goods and services that may be of interest to you. See our Cookie Policy for further personal data.

Business Partners. Provided you have given us Consent to do so we may share your personal data with our business partners to offer you certain products, services or promotions.
With your Consent. We may disclose your personal data for any other purpose with your Consent, including with any person who you have named as a person we can contact to discuss your account and any agent or representative of yours.We may disclose aggregated, anonymous personal data (i.e. personal data from which you cannot be personally identified), or insights based on such anonymous personal data, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of our services. In such circumstances we will not disclose any personal data which can identify you personally.We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers – Whenever we transfer your personal data outside of the UK, we will take all reasonably practicable measures to protect your personal data in accordance with this Policy and applicable laws. To the extent that any transfer requires approved safeguards to be in place we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. Please contact us if you want further information on the specific mechanism(s) used by us when transferring your personal data out of the UK.
Data security – We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.Please also remember that we cannot guarantee that the Internet itself is 100% secure. Although we will use our reasonable endeavours to protect your personal data, we cannot guarantee the security or integrity of personal data that is transferred from you or to you via the Internet. Transmission of personal data to and from the website is therefore at your own risk. You should only access our services within a secure environment.We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Consent

You will be required to give Consent to certain processing activities before we can process your personal data. Where applicable, we will seek Consent from you when you first submit personal data to or through our website and/or services.

If you have previously given your Consent you may freely withdraw such Consent at any time. You can do this by emailing info@creativeaccess.org.uk or, where applicable, clicking the ‘Unsubscribe’ button that appears in mailing list communications.

If you withdraw your Consent, and if we do not have another legal basis for processing your personal data, then we will stop processing your personal data. If we do have another legal basis for processing your personal data, then we may continue to do so subject to your legal rights.

9. Marketing and opting out

If you have given Consent to marketing we may contact you about our products, services, promotions and special offers. If you no longer wish to receive such personal data, you can withdraw your Consent at any time by sending an email to info@creativeaccess.org.uk or unsubscribing from the communications.

If you have given Consent, we may share your personal data with carefully selected third party organisations and business partners and they may contact you directly. If you would prefer to no longer receive direct marketing communications from third parties and partners after previously giving your Consent, please contact those third parties and partners directly to withdraw the Consent.

10. Do we collect personal data from minors?

We do not knowingly solicit data from or market to children under 16 years of age. By using our website and/or services, you represent that you are at least 16 years of age. If we learn that personal data from users less than 16 years of age has been collected, we will deactivate the relevant account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under 16 years of age, please contact us immediately via info@creativeaccess.org.uk.

11. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

12. Your rights

You have certain rights in relation to the personal data that we hold about you. Details of these rights and how to exercise them are set out below. Please note that we will require evidence of your identity before we are able to respond to any requests. This is a security measure to ensure that your personal data is not disclosed to a person who does not have the right to receive it. We may also contact you to ask you for further personal data in relation to your request to speed up our response. To exercise or discuss any of your rights, please contact us via info@creativeaccess.org.uk

Right of Access. You have the right at any time to ask us for a copy of the personal data that we hold about you and to check that we are lawfully processing it. Where we have good reason, and where data protection law permits, we can refuse your request for a copy of your personal data, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reason(s) for doing so.
Right of Correction or Completion. If personal data we hold about you is not accurate or is out of date and requires amendment or correction, you have a right to have the data rectified or completed.
Right of Erasure. In certain circumstances, you have the right to request that the personal data we hold about you is erased (for example, if the personal data is no longer necessary for the purposes for which it was collected or processed or our processing of the personal data is based only on your Consent and there are no other legal grounds on which we may process the personal data).

Right to Object to or Restrict Processing. In certain circumstances, you have the right to object to our processing of your personal data (for example, if we are processing your personal data on the basis of our legitimate interests but there are no longer any compelling legitimate grounds to justify our processing overriding your rights and interests).You may also have the right to restrict our use of your personal data, for example during a period in which we are verifying the accuracy of your personal data in circumstances where you have challenged the accuracy of that personal data.

Right of Data Portability. In certain instances, you have a right to receive the personal data that we hold about you (or a portion thereof) in a structured, commonly used and machine-readable format.

In such circumstances, you can ask us to transmit your personal data to you or directly to a third- party organisation on your behalf.

While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third-party organisation’s systems. We are also unable to comply with requests that relate to personal data of others without their consent.

If we are relying on Consent to process your personal data, you have the right to withdraw your Consent at any time. Please note however that this will not affect the lawfulness of the processing that occurred before the withdrawal of such Consent.No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.