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Privacy Notice

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.

What personal information do we collect about you?

We may collect, store and use the following kinds of personal information about you:

- Visitors to our office - 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 or contractor. When you access our spaces as a contractor we will also process your personal data for the purposes of managing relevant activities (see Creative Scotland’s Supplier Contractor Agency Staff and Secondee Privacy Notice).

- Enquiries, feedback and / or complaints - we may process personal information, including your name and contact details, that you provide to us in the course of making an enquiry, giving feedback or making a complaint either by letter, telephone, via Creative Scotland’s website or by email. We may use this information to handle and respond to your enquiry, feedback and/or complaint.

- Guest Wi-Fi - 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

- Website user - 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 Mailing lists - information that you provide to us including your name and email address to receive email notifications of newsletters and/or other information from one or more of the following mailing lists located on our website:

Creative Scotland Newsletter

Research Round Up

Artworks Scotland

Youth Music Initiative

- Information that 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

- 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

What do we use your personal information for?

We will use the personal information that you make available to us to:

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

- Provide access to our Guest Wi-Fi service

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

- 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

- Send you email notifications that you have specifically requested

- Send you our email newsletter, if you have requested it (you can unsubscribe at any time if you no longer wish to receive the newsletter)

- Deal with any enquiries, feedback and/or complaints made by you

- Keep our website secure and prevent fraud

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, please view our Cookies page.

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

Data Protection Laws require us to have a legal reason for handling and using your personal information:

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 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;

Consent - if you are 12 years of age and above, by providing any personal information to us when communicating through the website services e.g. registering to receive Creative Scotland’s 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. If you are under the age of 12 years, you will need ask your parent(s) or guardian(s) to register and / or communicate through the Creative Scotland website on your behalf or for them to provide Creative Scotland with their consent for you to communicate with us through the Creative Scotland website. If you provide us with personal information relating to a person of 12 years of age and above, you confirm that you have informed them of our identity, the content of this Privacy Notice and that they have provided their consent to their personal information being handled and used by us for the above purposes. If the other person whose personal information you provide to us is below 12 years of age, we will require verifiable parental consent before we will handle and use such personal information about that person. In both of these circumstances, that person's consent or parental consent, as the case may be, will be our legal reason for the purposes of complying with the Data Protection Laws; and

Legitimate Interest(s) - a legitimate interest is when Creative Scotland, or a third party on Creative Scotland’s behalf, have 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 Creative Scotland’s 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;

- Record management arrangements; and

- Ensuring we are able to keep up to date with our contacts and developments in their organisations.

How long will we keep your personal information?

Creative Scotland retains Wi-Fi related personal information for 21 days following which it is removed from our system. We will 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 hope you continue to enjoy receiving the information we send you. However, if you have not accessed any of our emails for a period of one year, we will remove your details from our mailing list(s). We will keep office visitor information, enquiry, feedback and/or complaint communications containing personal information where the law requires us to and in line with our retention arrangements.

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. 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 – Creative Scotland uses 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.

Website mailing lists – Creative Scotland uses a third-party provider to support Creative Scotland’s email, marketing and customer engagement service to deliver communications and newsletters e.g. Creative Scotland’s Newsletter, Research Round Up, Artworks Scotland and Youth Music Initiative. 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 CS requires

Creative Scotland may not be able to communicate with you or provide you with any of its services e.g. provision of Creative Scotland’s Newsletter.

It may be obligatory for you to supply Creative Scotland 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

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.

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

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