We are committed to protecting and respecting your privacy. For the purposes of the General Data Protection Regulations (GDPR) and any subsequent UK legislation covering data protection, the Data Controller is Browns Fine Art Limited.
This Policy sets out why we collect personal information about individuals and how we use that information. It explains the legal basis for this and the rights you have over the way your information is used.
This Policy covers Browns Fine Art Limited in relation to the collection and use of the information you give us. We may change this Policy from time to time. If we make any significant changes we will advertise this on our website (www.petethestreet.com) or contact you directly with the information. Please check this page occasionally to make sure you are happy with any changes.
If you have any questions about this Policy or concerning your personal information, please contact Peter Brown at firstname.lastname@example.org or write to Browns Fine Art Limited, 52 Combe Park, Bath, BA1 3NH.
What type of personal information we collect
The type and amount of information we collect depends on why you are providing it. This will usually include your name, email address, postal address and phone number for exhibition and event enquiries.
If you use your credit or debit card to make a purchase on the website, we will ensure that this is done securely and in accordance with the Payment Industry Data Security Standard. Your card details are processed securely by external payment gateways, and we do not receive, nor can we access or store your card details.
How we collect information
We may collect information from you when you contact us or have any involvement with us. For example, when you visit the website, buy a piece of artwork, sign up for email news updates or contact us in any way including online, email, phone, SMS, social media or post.
Where we collect information from
I collect information from you:
- when you give it to us directly: You may provide your details when you ask for information or make an enquiry, sign up to a mailing list, order goods, or contact us for any other reason.
- When you have given other organisations permission to share it: Your information may be provided to us by other organisations if you have given them your permission. This might, for example, be a charity working with us or might be when you buy a product or service from a third-party organisation. The information we receive from other organisations depends on your settings or the option responses you have given them.
- When it is available on social media: Depending on your settings or the privacy policies applying for social media and messaging services you use, like Facebook, Instagram or Twitter, and only within the context of the services we offer, you might give us permission to access information from those accounts or services. We won’t share this information.
How we use your information
We will use your personal information in a number of ways which reflect the legal basis applying to processing of your data. These may include:
- sending you email communications, with your consent, that may be of interest – using data we have transferred to MailChimp, including marketing information about our products, services and activities
- when necessary for carrying out your obligations under any contract between us, including sale of goods
- seeking your views on the services or activities we carry on so that we can make improvements
- maintaining our organisational records and ensuring we know how you prefer to be contacted
- analysing the operation of our Website and analysing your Website behaviour to improve the Website and its usefulness.
Our legal basis for processing your information
The use of your information for the purposes set out above is lawful because one or more of the following applies:
Where you have provided information to us for the purposes of requesting information or requesting that we carry out a service for you, we will proceed on the basis that you have given consent to us using the information for that purpose, based on the way that you provided the information to us. You may withdraw consent at any time by emailing us at email@example.com. This will not affect the lawfulness of processing your information prior to your withdrawal of consent being received and actioned.
It is necessary for us to hold and use your information so that we can carry out our obligations under a contract entered into with you or to take the steps you ask us to prior to entering into a contract.
It is necessary to comply with our legal obligations.
Where legitimate interest applies, i.e. where we may use your data in ways you would reasonably expect, and which have a minimal privacy impact, or where there is a compelling justification for the processing. For example, we might send you a catalogue in the post if you have provided me with your postal address.
If you want to contact me about your marketing preferences, please email firstname.lastname@example.org.
How we keep your information safe
I understand the importance of security of your personal information and take appropriate steps to safeguard it.
All personal data is store securely in the GDPR-compliant cloud-based applications. For financial or technical reasons, the information you provide to us may be transferred to countries outside the European Economic Area (EEA), which are not subject to the same data protection regulations as apply in the UK. We meet our obligations under GDPR by ensuring that the information has equivalent protection as if it were being held within the EEA. We do this by ensuring that any third parties processing your data outside the EEA either benefits from an adequacy determination for GDPR purposes and/or, where appropriate, we have entered into a Data Processing Agreement which contains model EU clauses. We always ensure only authorised persons have access to your information, and that everyone who has access is trained appropriately to manage your information.
No data transmission over the internet can however be guaranteed to be 100% secure. So, while we strive to safeguard your information, we cannot guarantee the security of any information you provide online and you do this at your own risk.
Who has access to your information?
- Third parties who provide services to us, for example, MailChimp by sending mailings. We select our third-party service providers with care and based on their compliance with data laws. We provide these third parties with the information that is necessary to provide the service and we will have an agreement in place that requires them to operate with the same care over data protection as we do.
- Where necessary to complete a transaction or provide a service you have requested, we will need to pass on your details to third-parties. For example, when purchasing products from my online shop, we will need to pass on your name and address to a courier company to make the delivery.
- Analytics and search engine providers that help us to improve our Website and its use.
- We may also disclose your personal information if we are required to do so under any legal obligation and may use external data for the purposes of fraud prevention and credit risk reduction, or where doing so would not infringe your rights, but is necessary and in the public interest.
- Other than this, we will not share your information with other organisations without your consent.
Keeping your information up to date
We would appreciate if you let us know when your contact details change. You can do so by contacting us at email@example.com.
Our use of “Cookies”
What are Cookies?
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the Web for helping to understand how you use the site and identify ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
How long we keep your information for
We will hold your personal information for as long as it is necessary for the relevant activity.
Where we rely on your consent to contact you for direct marketing purposes, we will treat your consent as lasting for as long as it is reasonable to do so.
If you ask us to stop contacting you with marketing materials, we may keep a record of your contact details and limited information needed to ensure we comply with your request.
You have the right to request details of the processing activities that we carry out with your personal information through making a Subject Access Request. Such requests should be made in writing. More details about how to make a request, and the procedure to be follow, can be found in our Data Protection Policy below. To make a request contact us at firstname.lastname@example.org.
You also have the following rights:
- the right to request rectification of information that is inaccurate or out of date;
- the right to erasure of your information (known as the “right to be forgotten”);
- the right to restrict the way in which we are dealing with and using your information;
- the right to request that your information be provided to you in a format that is secure and suitable for re-use (known as the “right to portability”); and
- rights in relation to automated decision-making and profiling, including profiling for marketing purposes.
All of these rights are subject to certain safeguards and limits or exemptions, further details of which can be found in our Data Protection Policy. To exercise any of these rights, you should contact us at email@example.com.
If you are not happy with the way in which we have processed or dealt with your information, you can complain to the Information Commissioner’s Office. Further details about how to complain can be found here: https://ico.org.uk/concerns/
This Policy may be changed from time to time. If we make any significant changes we will advertise this on our Website or contact you directly with the information.
Do please check this Policy each time you consider giving your personal information to us.
This Policy was last updated in June 2018.
Data Protection Policy
1.1. Browns Fine Art Limited is the Data Controller for the purposes of the EU General Data Protection Regulation.
1.2. We collect and use certain types of personal information about individuals who come into contact with us.
1.3. We will process this personal information in the following ways:
1.3.1. providing you with the information or services you have asked for
1.3.2. sending you communications with your consent that may be of interest including marketing information about our services and activities
1.3.3. when necessary for carrying out your obligations under any contract between us, including sale of goods
1.3.4. seeking your views on the services or activities we carry out so that we can make improvements
1.3.5. maintaining our organisational records and ensuring we know how you prefer to be contacted
1.3.6. analysing the operation of our Website and analysing your Website behaviour to improve the Website and its usefulness
1.3.7. to send you communications by post based on legitimate interest
1.4. This policy is intended to ensure that personal information is dealt with properly and securely and in accordance with the EU General Data Protection Regulation (the “GDPR”) and other related legislation. It will apply to information regardless of the way it is used or recorded and applies for as long as the information is held.
1.5. The GDPR applies to all computerised data and manual files if they come within the definition of a filing system. Broadly speaking, a filing system is one where the data is structured in some way that it is searchable on the basis of specific criteria (so you would be able to use something like the individual’s name to find their information), and if this is the case, it does not matter whether the information is located in a different physical location.
1.6. This policy will be updated as necessary to reflect best practice, or amendments made to the GDPR, and shall be reviewed every 2 years.
2. PERSONAL DATA
2.1. ‘Personal data’ is information that identifies an individual and includes information that would identify an individual to the person to whom it is disclosed because of any special knowledge that they have or can obtain. A sub-set of personal data is known as ‘special category personal data’. This special category data is information that relates to:
2.1.1. race or ethnic origin;
2.1.2. political opinions;
2.1.3. religious or philosophical beliefs;
2.1.4. trade union membership;
2.1.5. physical or mental health;
2.1.6. an individual’s sex life or sexual orientation;
2.1.7. genetic or biometric data for the purpose of uniquely identifying a natural person.
2.2. Special Category information is given special protection, and additional safeguards apply if this information is to be collected and used.
2.3. Information relating to criminal convictions shall only be held and processed where there is legal authority to do so.
3. THE DATA PROTECTION PRINCIPLES
3.1. The six data protection principles as laid down in the GDPR are followed at all times:
3.1.1. personal data shall be processed fairly, lawfully and in a transparent manner, and processing shall not be lawful unless one of the processing conditions can be met;
3.1.2. personal data shall be collected for specific, explicit, and legitimate purposes, and shall not be further processed in a manner incompatible with those purposes;
3.1.3. personal data shall be adequate, relevant, and limited to what is necessary for the purpose(s) for which it is being processed;
3.1.4. personal data shall be accurate and, where necessary, kept up to date;
3.1.5. personal data processed for any purpose(s) shall not be kept for longer than is necessary for that purpose/those purposes;
3.1.6. personal data shall be processed in such a way that ensures appropriate security of the data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
3.2. In addition to this, we are committed to ensuring that at all times, anyone dealing with personal data shall be mindful of the individual’s rights under the law (as explained in more detail in paragraphs 7 and 8 below).
3.3. We are committed to complying with the principles in 3.1 at all times. This means that we will:
3.3.1. inform individuals as to the purpose of collecting any information from them, as and when we ask for it;
3.3.2. be responsible for checking the quality and accuracy of the information;
3.3.3. regularly review the records held to ensure that information is not held longer than is necessary, and that it has been held in accordance with the Records Retention Policy;
3.3.4. ensure that when information is authorised for disposal it is done appropriately;
3.3.5. ensure appropriate security measures to safeguard personal information whether it is held in paper files or on my computer system, and follow the relevant security policy requirements at all times;
3.3.6. share personal information with others only when it is necessary and legally appropriate to do so;
3.3.7. set out clear procedures for responding to requests for access to personal information known as subject access requests;
3.3.8. report any breaches of the GDPR in accordance with the procedure in paragraph 9 below.
4. CONDITIONS FOR PROCESSING IN THE FIRST DATA PROTECTION PRINCIPLE
4.1. The individual has given consent that is specific to the particular type of processing activity, and that consent is informed, unambiguous and freely given;
4.2. The processing is necessary for the performance of a contract, to which the individual is a party, or is necessary for the purpose of taking steps with regard to entering into a contract with the individual, at their request;
4.3. The processing is necessary for the performance of a legal obligation to which we are subject;
4.4. The processing is necessary to protect the vital interests of the individual or another;
4.5. The processing is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in me;
4.6. The processing is necessary for a legitimate interest of ourselves or that of a third party, except where this interest is overridden by the rights and freedoms of the individual concerned. More details of this are given in the Privacy Notice
5. DISCLOSURE OF PERSONAL DATA
5.1. The following list includes the most usual reasons that we would authorise disclosure of personal data to a third party:
5.1.1. for the assessment of any tax or duty;
5.1.2. where it is necessary to exercise a right or obligation conferred or imposed by law upon us (other than an obligation imposed by contract)
5.1.3. for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings);
5.1.4. for the purpose of obtaining legal advice;
5.1.5. for research, historical and statistical purposes (so long as this neither supports decisions in relation to individuals, nor causes substantial damage or distress);
5.2. We may receive requests from third parties (i.e. those other than the data subject) to disclose personal data it holds about individuals. This information will not generally be disclosed unless one of the specific exemptions under the GDPR which allow disclosure applies, or where disclosure is necessary for the legitimate interests of the third party concerned.
5.3. All requests for the disclosure of personal data must be sent to the Data Protection Officer who will review and decide whether to make the disclosure, ensuring that reasonable steps are taken to verify the identity of the requesting third party before making any disclosure.
6. SECURITY OF PERSONAL DATA
6.1. We will take all reasonable steps to ensure that all personal information is held securely and is not accessible to unauthorised persons.
7. SUBJECT ACCESS REQUESTS
7.1. Anybody who makes a request to see any personal information held about them is making a subject access request. All information relating to the individual, including that held in electronic or manual files should be considered for disclosure, provided that they constitute a “filing system” (see clause 1.5).
7.2. All requests should be sent to Data Protection Officer within 3 working days of receipt and must be dealt with in full without delay and at the latest within one month of receipt.
7.3. Any individual may appoint another person to request access to their records. In such circumstances, we must have written evidence that the individual has authorised the person to make the application and the Data Protection Officer must be confident of the identity of the individual making the request and of the authorisation of the individual to whom the request relates.
7.5. Access to records will be refused in instances where an exemption applies, for example, information sharing may place the individual at risk of significant harm or jeopardise police investigations into any alleged offence(s).
7.6. A subject access request must be made in writing. We may ask for any further information reasonably required to locate the information.
7.7. An individual only has the automatic right to access information about themselves, and care needs to be taken not to disclose the personal data of third parties where consent has not been given, or where seeking consent would not be reasonable, and it would not be appropriate to release the information. Particular care must be taken in the case of any complaint or dispute to ensure confidentiality is protected.
7.8. All files must be reviewed by the Data Protection Officer before any disclosure takes place. Access will not be granted before this review has taken place.
7.9. Where all the data in a document cannot be disclosed a permanent copy should be made and the data obscured or retyped if this is more sensible. A copy of the full document and the altered document should be retained, with the reason why the document was altered.
Exemptions to Access by Data Subjects
7.10. Where a claim to legal professional privilege could be maintained in legal proceedings, the information is likely to be exempt from disclosure unless the privilege is waived.
8. OTHER RIGHTS OF INDIVIDUALS
8.1. We have an obligation to comply with the rights of individuals under the law and takes these rights seriously. The following section sets out how the I will comply with the rights to:
8.1.1. object to processing;
8.1.3. erasure; and
8.1.4. data portability.
Right to object to processing
8.2. An individual has the right to object to the processing of their personal data on the grounds of pursuit of a public interest or legitimate interest (grounds 4.5 and 4.6 above) where they do not believe that those grounds are made out.
8.3. Where such an objection is made, it must be sent to the Data Protection Officer within 2 working days of receipt, and the Data Protection Officer will assess whether there are compelling legitimate grounds to continue processing which override the interests, rights and freedoms of the individuals, or whether the information is required for the establishment, exercise or defence of legal proceedings.
8.4. The Data Protection Officer shall be responsible for notifying the individual of the outcome of their assessment within ten working days of receipt of the objection.
8.5. Where personal data is being processed for direct marketing purposes an individual has the right to object at any time to processing of personal data concerning him or her for such marketing (which includes profiling to the extent that it is related to such direct marketing) and their personal data shall no longer be processed by me for direct marketing purposes.
Right to rectification
8.6. An individual has the right to request the rectification of inaccurate data without undue delay. Where any request for rectification is received, it should be sent to the Data Protection Officer within 2 working days of receipt, and where adequate proof of inaccuracy is given, the data shall be amended as soon as reasonably practicable, and the individual notified.
8.7. Where there is a dispute as to the accuracy of the data, the request and reasons for refusal shall be noted alongside the data and communicated to the individual. The individual shall appeal direct to the Information Commissioner.
8.8. An individual also has a right to have incomplete information completed by providing the missing data, and any information submitted in this way shall be updated without undue delay.
Right to erasure
8.9. Individuals have a right, in certain circumstances, to have data permanently erased without undue delay. This right arises in the following circumstances:
8.9.1. where the personal data is no longer necessary for the purpose or purposes for which it was collected and processed;
8.9.2. where consent is withdrawn and there is no other legal basis for the processing;
8.9.3. where an objection has been raised under the right to object and found to be legitimate;
8.9.4. where personal data is being unlawfully processed (usually where one of the conditions for processing cannot be met);
8.9.5. where there is a legal obligation on us to delete.
8.10. The Data Protection Officer will make a decision regarding any application for erasure of personal data and will balance the request against the exemptions provided for in the law. Where a decision is made to erase the data, and this data has been passed to other controllers or processors, and/or has been made public, reasonable attempts to inform those controllers of the request shall be made.
Right to restrict processing
8.11. In the following circumstances, processing of an individual’s personal data may be restricted:
8.11.1. where the accuracy of data has been contested, during the period when we are attempting to verify the accuracy of the data;
8.11.2. where processing has been found to be unlawful, and the individual has asked that there be a restriction on processing rather than erasure;
8.11.3. where data would normally be deleted, but the individual has requested that their information be kept for the purpose of the establishment, exercise or defence of a legal claim;
8.11.4. where there has been an objection made under 8.2 above, pending the outcome of any decision.
Right to portability
8.12. If an individual wants to send their personal data to another organisation they have a right to request that you provide their information in a structured, commonly used, and machine-readable format. If a request for this is made, it should be forwarded to the Data Protection Officer within 2 working days of receipt, and the Data Protection Officer will review and revert as necessary.
9. BREACH OF ANY REQUIREMENT OF THE GDPR
9.1. Any and all breaches of the DPA, including a breach of any of the data protection principles shall be reported as soon as it is discovered, to the Data Protection Officer.
9.2. Once notified, the Data Protection Officer shall assess:
9.2.1. the extent of the breach;
9.2.2. the risks to the data subjects as a consequence of the breach;
9.2.3. any security measures in place that will protect the information;
9.2.4. any measures that can be taken immediately to mitigate the risk to the individuals.
9.3. Unless the Data Protection Officer concludes that there is unlikely to be any risk to individuals from the breach, it must be notified to the Information Commissioner’s Office within 72 hours of the breach having come to our attention, unless a delay can be justified.
9.4. The Information Commissioner shall be told:
9.4.1. details of the breach, including the volume of data at risk, and the number and categories of data subjects;
9.4.2. the contact point for any enquiries (which shall usually be the Data Protection Officer);
9.4.3. the likely consequences of the breach;
9.4.4. measures proposed or already taken to address the breach.
9.5. If the breach is likely to result in a high risk to the rights and freedoms of the affected individuals then the Data Protection Officer shall notify data subjects of the breach without undue delay unless the data would be unintelligible to those not authorised to access it, or measures have been taken to mitigate any risk to the affected individuals.
9.6. Data subjects shall be told:
9.6.1. the nature of the breach;
9.6.2. who to contact with any questions;
9.6.3. measures taken to mitigate any risks.
9.7. The Data Protection Officer shall then be responsible for instigating an investigation into the breach, including how it happened, and whether it could have been prevented. Any recommendations for further training or a change in procedure shall be reviewed by the Director and a decision made about implementation of those recommendations.
If anyone has any concerns or questions in relation to this policy, they should contact the Data Protection Officer at firstname.lastname@example.org.