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Privacy Notice

Introduction

Last Updated: 2021-09-06

We are committed to safeguarding the privacy of our website visitors. 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.

Enquiries, feedback and / or complaints

What personal information do we collect about you?

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.

What are our purposes for processing your personal information?

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

What is our legal basis 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

Where 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.

How long will we keep your personal information?

Up to 5 years

Mailing Lists

What personal information do we collect about you?

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

What are our purposes for processing your personal information?

  • Provide sector specific information you have registered to receive 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)

What is our legal basis for handling and using your personal 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.

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.

How long will we keep your personal information?

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.

Website User

What personal information do we collect about you?

  • 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.

What are our purposes for processing your personal information?

  • 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.

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

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.

How long will we keep your personal information?

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 about IP Addresses and Cookies?

To find out how we handle and use IP addresses and cookies, please click on the following link: [Cookies]

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.

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: [[email protected]]

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

In partnership with: Education Scotland Creative Scotland Screen Scotland