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Privacy Notice

Date last updated: 11 September 2020

Introduction

We are committed to safeguarding your privacy. In this Privacy Notice we explain how we will handle and use your personal information.

To help clarify some of the wording, a ‘Definitions’ Section is located at the bottom of this Privacy Notice.

For the purposes of Data Protection Laws, we will be the controller of your personal information and will comply with the Data Protection Laws when handling and using your personal information.

Visitors to our office

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

We collect and process personal information, e.g. name and contact details, when you need to access our non-public spaces (for example, our office spaces) as a visitor.

Record your visit to Creative Scotland’s office for building safety purposes; and

For the purposes of preventing, managing or responding to emergencies.

Legal Obligation – processing is necessary for compliance with a legal obligation - to comply with a common law or statutory obligation e.g. to comply with health and safety laws;

Vital Interests -protection of your vital interests e.g. to obtain emergency medical assistance in the case of an accident involving you;


Enquiries, feedback and / or complaints

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

We may process personal information, including your name and contact details, that you provide to us in the course of making an enquiry, submitting a data protection rights request, giving feedback or making a complaint either by letter, telephone, via our website or by email.

Handle and respond to any enquiries, information requests, data protection rights requests, feedback and/or complaints made by you.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

Legal Obligation – processing is necessary for compliance with a legal obligation - to comply with a common law or statutory obligation e.g. to comply with data protection laws;

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:
- Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
- System development and enhancement;
- Record management arrangements; and
- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations


Funding

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

When you submit an application for funding we may process personal information including your:
- Name
- Contact information which may include email address, phone number, postal address-Supporting application information which may identify you e.g. photograph
- CV (if applicable)
- Banking information for successful applicants e.g. account number. See our Banking Details page for more information.

CS’s purposes of processing a Funding Applicant’s personal information may include:
- assess the Funding Applicant’s application for funding;
- assess and evaluate funding projects e.g. monitoring reports, End of Project Report;
- work with a third party(s) with specific sector expertise (with whom CS will enter into a contract) to participate as a panel member in funding application assessment panel meetings;
- work with an independent research agency (with whom CS will enter into a contract), to undertake research and create an evaluation and statistical report relating to the programme/project and/or impact of the programme/project;
- undertake research and evaluation of the application process e.g. to make improvements;
- maintain contact with respective local authorities - applicable to the Visual Artist and Craft Maker Awards (VACMA) only;
- to participate as an observer in panel meetings - applicable to VACMA only;
- request anonymised statistical reports regarding VACMA funding applications processed by the local authority e.g. number of applications received, equalities data (anonymised) for research purposes;
- publish reports provided to CS by an external research agency;
- publish a contacts list containing the name and email address of the Funding Applicant’s point of contact and the Funding Applicant’s name – applicable to the YMI Formula Fund only;
- develop case studies for publication on CS’s website;
- publish information regarding the award made to the Funding Applicant on CS’s website and more widely for transparency and accountability purposes;
- invite the Funding Applicant to participate in promoting, featuring and publicising the programme/project;
- invite the Funding Applicant to participate in sector related development programmes;
-invite the Funding Applicant to attend related cultural events; and
-respond to requests for information received by CS from the media otherwise than under Access to Information Laws.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

Contract – we need to use your personal information to perform a contract with you, including taking steps to enter into a contract with you; and

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:
- Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
- System development and enhancement;
- Record management arrangements; and
- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations


Guest Wi-Fi

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

If you choose to log in to our Guest Wi-Fi service, we will process some of your personal information in order for you to access and use this service. We will process device and connection information for this purpose, including:

- MAC address — a device's unique hardware number
- IP address — unique address that identifies a device on the internet
- Client Hostname — the name assigned to a device

Provide access to our Guest Wi-Fi service.

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

-Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
-Provision of a Guest Wi-Fi service;
-System development and enhancement; and
-Record management arrangements.


Website user

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

Information about your computer and about your visits to and use of this website including your IP address, browser type and version, operating system, referral source, length of visit, page views and how you navigate our website. For more information, see our Cookies webpage.

Information you provide to us when using the above services on our website, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use; and

Information contained in or relating to any communication that you send to us or send through our website including the communication content and metadata associated with the communication.

Administer our website and carry out our functions as a Scottish public authority

Personalise your experience of using our website

Allow you to use the services available on our website

Keep our website secure and prevent fraud

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:
- Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
- System development and enhancement; and
- Record management arrangements.

Consent - by providing any personal information to us when communicating through the website services e.g. registering to receive our newsletter and/or accepting cookies, you give your consent for us to handle and use your personal information for the above purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws.


MS Teams Guest

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

Should you receive an invitation to join a CS MS Team we may process personal information including your:

- Name
- Contact information which may include your email address
- Job title
- Organisation you work for

Invite you to join a CS MS Team for collaboration purposes which may include:

- attending virtual meetings
- audio calls
- 1to1 and / or group conversations using the chat facility
- share documents / work (e.g. files, presentations)

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

- Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
- System development and enhancement;
- Record management arrangements; and
- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.


Mailing lists

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

Information that you provide to us including your name and email address.

Provide sector specific information you have registered to receive e.g. Youth Music Initiative updates (you can unsubscribe at any time if you no longer wish to receive this information)

Send you our newsletter, if you have requested it, which will include latest news, funding announcements, events and other information (you can unsubscribe at any time if you no longer wish to receive this information).

Consent - by providing any personal information to us when communicating through the website services e.g. registering to receive our newsletter and/or accepting cookies, you give your consent for us to handle and use your personal information for the above purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws.



What Personal information do we receive and process from other sources?

We may obtain certain personal information about you from other sources (including those outside of our organisation) which may include our stakeholders, suppliers and our clients. The third parties that may send us personal information about you include:

 

Crowdfunder - if you enter the Crowdfund Creative Scotland competition, we will receive your contact information from Crowdfunder. If your application is successful, we will have access, through the Crowdfunder website, to content used for your project which may include photos, videos and written pitch; and

 

FindBusinessSupport -  if you submit an enquiry through FindBusinessSupport relating to one of the funds that we provide, we will receive a copy of your enquiry from FindBusinessSupport in order to respond.

What are our purposes for using personal information we receive from other sources?

We will use the personal information that you provide to us and personal information we may receive from third parties to:

- Contact you by telephone or email regarding your Crowdfund Creative Scotland crowdfunding campaign;

- Promote information about you and your Crowdfund Creative Scotland campaign on http://www.creativescotland.com and Creative Scotland’s social media accounts e.g. Twitter; and

- Respond to your enquiries.

Who do we share your personal information with?

We may share your personal information with our insurers, professional advisers, agents, suppliers or subcontractors if we need to for any of the above purposes.

We may also share your personal information:

- Where the law requires us to;

- For any court proceedings in which we are involved;

- To protect our legal rights;

- For the purposes of fraud prevention; and

- To obtain emergency medical assistance in the case of an accident involving you.

What about IP Addresses and Cookies?

To find out how we handle and use IP addresses and cookies, visit our Cookies page.

How long will we keep your personal information?

We keep Wi-Fi related personal information for 21 days following which it is removed from our system.

We keep mailing list personal information for as long as you wish to continue to receive information from us. If you no longer wish to receive information from us you can unsubscribe from communications at any time.

We keep the following information (received via email(s) and/or online contact form) in line with our retention arrangements:

- funding applications and supporting information

- contact information received from third party sources

- enquiries

- information requests

- data protection rights requests

- complaints communications

Do we send your personal information outside the European Economic Area?

We will comply with Data Protection Laws if handling and using your personal information in accordance with this Privacy Notice requires us to transfer your personal information to organisations in countries outside the European Economic Area.

Where your personal information is transferred outwith the EEA, we will provide you with information regarding the safeguards that we have put in place with the recipient country to protect your personal information.

Enquiries, feedback and/or complaints - we sometimes use services provided by Microsoft's cloud-based Office 365 tools for gathering enquiries, feedback and complaints. This includes email and online forms. Information submitted by email or managed electronically, for example through online forms, are processed within Microsoft Office 365. Data that is processed in Microsoft Office 365 may be transferred outside of the European Union to the United States of America. Microsoft Corporation is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

Wi-Fi service – we use a third-party provider to provide our Wi-Fi service. The third-party provider is registered in the United States of America and your personal data may be transferred there. The third-party provider is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

Mailing lists – we use a third-party provider to support our email, marketing and customer engagement service to deliver communications and Sector related information e.g. our newsletter. The third-party provider is registered in the United States of America and your personal data may be transferred there. The third-party provider is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

What will happen if you do not provide the information we require?

We may not be able to communicate with you or provide you with any of our services e.g. provision of our Newsletter.

It may be obligatory for you to supply us with your personal information e.g. visitor information. If you do not supply your personal information for this purpose, it may be that we are unable to ensure safety and security or manage incidents or emergencies. We may also be unable to allow you to access our non-public spaces as a visitor or contractor.

How will we keep your personal information secure?

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information and will store your personal information on secure servers.

Please be aware that sending information over the internet is inherently insecure, and we cannot guarantee the security of your personal information if you send it to us over the internet.

What rights do you have in relation to the personal information that we handle and use about you?

You have the right to:

- Receive transparent information e.g. this Privacy Notice

- Access personal information – you have the right to request access to personal information held about you and can do this by contacting our Data Protection Officer (contact details are provided below)

- Erase personal information – you can either request that your personal information be removed or you can unsubscribe from communications

- Rectify inaccurate or incomplete personal information – you can request your information to be updated

- Restrict personal information while, for example, a request for rectification of inaccurate or incomplete personal information is being reviewed by us

- Object to our handling and using of your personal information in defined circumstances

Information about other individuals

If you provide Creative Scotland with content, materials, information that contains personally identifiable information about other individuals, you must comply with Data Protection Laws when providing their personal information to Creative Scotland.

What about links to third party websites?

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of such third parties.

Changes to this Privacy Notice

Any changes we may make to this Privacy Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. The date last updated should be visible at the top of this Privacy Notice.

Making a complaint

If you have any concerns with how we have handled and used your personal information, you should contact our Data Protection Officer in the first instance, as we would welcome the opportunity to work with you to resolve any complaint.

The contact details for our Data Protection Officer are as follows:

Data Protection Officer
Creative Scotland
2-4 Waterloo Place
Edinburgh
EH1 3EG

Telephone: 0330 333 2000
Email: dataprotection@creativescotland.com

If you are still dissatisfied, you can submit a complaint to the Information Commissioners Office (ICO) either by telephone or by completing an online form. The ICO’s contact details are as follows:

Telephone: 0303 123 1113
Website link: https://ico.org.uk/concerns/

Definitions

We, Us, Our

Creative Scotland

You, Your, Yourself

means the living individual who the personal information is about

Special Category Data

means the following personal data that needs more protection because it is sensitive:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade union membership
- Genetic data
- Biometric data
- Health
- A person’s sex life
- A person’s sexual orientation

Access to Information Laws

includes the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 and any legislation supplementary thereto introduced in Scotland

Data Protection Laws

includes the Privacy and Electronic Communications (EC Directive) Regulations 2003; any legislation implementing the Privacy and Electronic Communications Directive 2002/58/EC of 12 July 2002; the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR); and any legislation supplementary to the GDPR introduced in the United Kingdom, including the Data Protection Act 2018

Controller

determines how and why personal information is handled and used

European Economic Area

means the Member States of the European Union, Iceland, Norway and Lichtenstein

Personal Information

means information relating to a living individual who can be identified