Privacy Notice

Last updated 16 July 2021

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?

What are our purposes for processing your personal information?

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

How long will we keep your personal information?

Delegate pass – when you apply for a delegate pass we may process personal information contained in your application which may include your:

  • Name
  • Email address
  • Contact number
  • Job title
  • Company name
  • Company postal address

Provision of a delegate pass to attend markets / festivals / events.

To contact you about future activity, which may include funding opportunities, business and market activity and relevant events.

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;
-Processing personal information received from a third party source e.g. mailing list information; and
-Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Consent under article 6(1)(a) of the UK GDPR. You have given your consent to the processing of your personal information for the specified purpose. When we collect any information about dietary or access requirements we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data.

Up to 2 years for successful and unsuccessful applications.

If you opted for CS to contact you about future activity, which may include funding opportunities, business and market activity and relevant screen events, CS will retain your 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 at any time or contact us and request the removal of your personal information.

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, 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;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Up to 5 years

Events - we may collect, store and use the following kinds of personal information that you provide to register for an event, to complete feedback/evaluation forms or by other means such as in an email or over the  telephone when you enquire  about an event or otherwise communicate with us:

- your title, name, full postal address, email address, telephone contact details;

- your job title and role;

- for certain events we may collect your image, audio and likeness (as captured on a webinar, in photographs, via streaming or film recordings made of the event);

- dietary needs;

- accessibility requirements; and

- records of communications sent to you by us or that we receive from you in relation to an event you will attend/have attended e.g. feedback / evaluation forms

Our purpose for collecting this information is so we can facilitate the event and provide you with an acceptable service. We will handle and use your personal information for the following purposes:

- to reserve a place for you at the event(s) you desire to attend;

- to provide you with information about the event(s) for which you have registered, that includes event updates, and possible changes, cancellation or similar information;

- filming, photographing or otherwise recording events and publishing such content on our website, social media accounts and other formats;

- to invite you to attend related events in the future;

- to provide you with information about accessibility, transportation, parking, etc. that may impact on your attendance to the event;

- develop our events based on your feedback;

- to fulfil and monitor our legal responsibilities, for example, under health and safety legislation; and

- to obtain legal advice and to protect our legal rights if you make a claim against us arising from the event.

Consent under article 6(1)(a) of the UK GDPR. You have given your consent to the processing of your personal information for the specified purpose. When we collect any information about dietary or access requirements we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data.

Up to 5 years

Funding – when you apply for funding we may process personal information contained in your funding application, supporting information and Creative Scotland’s reports e.g. End of Project Report which may include 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

- Electronic signature for successful applicants e.g. contained in the Funding Agreement between Creative Scotland and the successful funding applicant

Creative Scotland’s purposes of processing a Funding Applicant’s personal information may include:

- assess the Funding Applicant’s application for funding;

- enter into a funding agreement with successful applicants;

-  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 Creative Scotland will enter into a contract) to participate as a panel member in funding application assessment panel meetings;

- work with a third party(s) with specific sector expertise (with whom Creative Scotland will enter into a contract) to assess your funding application;

- work with an independent research agency (with whom Creative Scotland 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;

- to ensure the appropriate use of public funding, reduce fraud risks, avoid duplication, and for comparison purposes, we may work with other funding organisations and we may share some funding application information with them (including your name, email address, type of fund applied to and funding amount requested). The funding organisation(s) will become a controller of your personal information when they receive it;

- maintain contact with respective local authorities and partner organisation(s) in local authority areas - applicable to the Visual Artist and Craft Maker Awards (VACMA) only;

- to participate as an observer in assessment panel meetings - applicable to VACMA only;

- request anonymised statistical reports regarding VACMA funding applications processed by the local authority and partner organisation(s) in local authority areas e.g. number of applications received, equalities data (anonymised) for research purposes;

- publish reports provided to Creative Scotland 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 e.g. Creative Scotland’s website;

- publish information regarding the award made to the Funding Applicant on Creative Scotland’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 Creative Scotland 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;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Successful applications - 7 years

Unsuccessful applications – 5 years

Withdrawn applications – 1 year

Ineligible applications – 1 year

Abandoned applications – 6 months

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

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;

- System development and enhancement;

- Record management arrangements;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

21 days following which it is removed from our system

Mailing lists - information that you provide to us including your name and email address.

For Screen Scotland’s Crew Mailing List, in addition to your contact information, we will process your special category data, if you choose to provide this to us

Provide sector specific information you have registered to receive e.g. Youth Music Initiative updates, Film/TV Crew opportunities and/or 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 - under article 6(1)(a) of the UK GDPR by providing any personal information to us when communicating through the website services e.g. registering to receive our newsletter you give your consent for us to handle and use your personal information for the specified purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws.

For Screen Scotland’s Crew Mailing List, we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data.

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;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

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 at any time or contact us and request the removal of your personal information.

MS Teams Guest – should you receive an invitation to join a Creative Scotland MS Team / MS Team meeting we may process your personal information which may include your:

- Name

- Contact information which may include your email address

- Job title

- Organisation you work for

Invite you to join a Creative Scotland MS Team / MS Team meeting 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)

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;

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;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

3 years following the deletion of the MS Team.

Online Account – when you register with Creative Scotland we may process your personal information including your:

Name

Postal Address

Email Address

Job role

Provision of a Unique Reference Number for you to provide with your funding application to one of the partner organisations assisting Creative Scotland to deliver the Hardship Fund for Creative Freelancers.

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;

An account will be deleted after 4 years of inactivity.

You may request the removal of your account at any time.

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.

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;

1 year

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. 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;

- Record management arrangements;

- Processing personal information received from a third party source e.g. mailing list information; and

- Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Consent - under article 6(1)(a) of the UK GDPR 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 specified purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws.

2 years

Who do we share your personal information with?

We may share your personal information with our stakeholders e.g. Scottish Government and National Lottery, insurers, professional advisers, Film/TV production companies, external assessors, third party funding organisations, 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 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 Creative Scotland Crowdmatch 2021 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;

- Edinburgh Film Office – if you have registered to be included in the Edinburgh Film Office’s Production Guide, your contact information is published via the Edinburgh Film Office website. We may access your contact information and add this to our Crew mailing list;

- Edinburgh Innovations Ltd (Edinburgh University) – if you participate in a moving image mapping related survey/interview, Creative Scotland will be provided with your contact information which we may add to our mailing list;

- 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;

- Film and TV Charity - to avoid duplication of funding, Film and TV Charity may share some of your funding application information for comparison purposes (including your name, email address, type of fund applied to and funding amount requested). We will become a controller of your personal information when we receive it; and

- Other Organisations/Programmes – the following organisations / programmes may share with Creative Scotland funding related information provided to you:

- BECTU

- Crafts Council/Craft Scotland

- Creative Digital Initiative

- Help Musicians

- Society of Authors

- Visual Arts Scotland

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 Creative Scotland Crowdmatch campaign;

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

- To ensure the appropriate use of public funding;

- Monitor the reach of a fund;

- Reduce fraud risks;

- Avoid duplication;

- Respond to your enquiries; and

- Provide you with sector specific information.

What about IP Addresses and Cookies?

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

Do we send your personal information outside the United Kingdom?

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 United Kingdom.

Where your personal information is transferred outwith the United Kingdom, 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 United Kingdom 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 a funding application service.

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:

- Be informed about the collection and use of your personal data e.g. this Privacy Notice. This is a key transparency requirement under the UK GDPR.;

- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you. This right always applies, although there are some exemptions which means you may not always receive all the information we process. You can request access to your personal data by contacting our Data Protection Officer (contact details are provided below);

- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. This right always applies;

- Request erasure of your personal data. This enables you to ask us to delete or remove personal data in certain circumstances. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

- Object to processing of your personal data where we are relying on a legitimate interest or the process forms part of our public task and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;

- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;

- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You can read more about your individual rights on the Information Commissioner’s Website.

No fee usually required

You will not usually 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 could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could 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.

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

means the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (EU GDPR) as it forms part of the domestic law of the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the “UK GDPR”); together with the Data Protection Act 2018 and any other national legislation intended to enact, implement or supplement the UK GDPR (or any part thereof); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”) and, from the date of its becoming applicable, any legislation intended to replace the PECR and all applicable laws and regulations relating to the privacy, protection or processing of personal data, including where applicable guidance and codes of practice issued by the ICO and, as applicable, the equivalent of any of the foregoing in any relevant jurisdiction;

Controller

determines how and why personal information is handled and used

Personal Information

means information relating to a living individual who can be identified