PrivacyPolicy Terms and Conditions
Version: 1.3
Website Privacy Policy1.Important Information and Who We ArePurpose of this privacy policyThis privacy policy aims to give you information on how On The Tools Limited (“We”,“Us” or “Our”) collects and processes your personal data through your use of thiswebsite, including any personal data you may provide through this website when yousubmit a video to us. This website is not intended for children and we do not knowinglycollect data relating to children. It is important that you read this privacy policy togetherwith any other privacy policy or fair processing policy we may provide on specificoccasions when we are collecting or processing personal data about you so that you arefully aware of how and why we are using your data. This privacy policy supplementsother notices and privacy policies and is not intended to override them.ControllerWe are the data controller and we are responsible for your personal data. We haveappointed a data privacy manager who is responsible for overseeing questions in relationto this privacy policy. If you have any questions about this privacy policy, including anyrequests to exercise your legal rights in relation to it or its subject matter, please contactour data privacy manager using the following details:Email address: enquiries@onthetools.tvPostal address: [INSERT]Telephone number: [INSERT]You have the right to make a complaint at any time to the Information Commissioner'sOffice (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk).We would, however, appreciate the chance to deal with your concerns before youapproach the ICO so please contact us in the first instance.Changes to the privacy policy and your duty to inform us of changesWe keep our privacy policy under regular review. It is important that the personal datawe hold about you is accurate and current. Please keep us informed if your personal datachanges during your relationship with us.Third-party linksThis website may include links to third-party websites, plug-ins and applications. Clickingon those links or enabling those connections may allow third parties to collect or sharedata about you. We do not control these third-party websites and are not responsible fortheir privacy statements. When you leave our website, we encourage you to read theprivacy policy of every website you visit.2.The Data We Collect About YouPersonal data means any information about an individual from which that person canbe identified. It does not include data where the identity has been removed (anonymousdata). We may collect, use, store and transfer different kinds of personal data about youwhich we have grouped together as follows:·Identity Data includes your first name and last name and your video submissionwhich may include your image and/or the image(s) of others.·Contact Data includes email address and telephone numbers.·Technical Data includes internet protocol (IP) address, your login data, browsertype and version, time zone setting and location, browser plug-in types andversions, operating system and platform, and other technology on the devicesyou use to access this website.·Usage Data includes information about how you use our website.Page 1 of 8 ·Marketing and Communications Data includes your preferences in receivingmarketing from us and our third parties and your communication preferences.We also collect, use and share Aggregated Data such as statistical or demographic datafor any purpose. Aggregated Data could be derived from your personal data but is notconsidered personal data in law as this data will not directly or indirectly reveal youridentity. For example, we may aggregate your Usage Data to calculate the percentage ofusers accessing a specific website feature. However, if we combine or connectAggregated Data with your personal data so that it can directly or indirectly identify you,we treat the combined data as personal data which will be used in accordance with thisprivacy policy.We do not collect any Special Categories of Personal Data about you (this includes detailsabout your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation,political opinions, trade union membership, information about your health, and geneticand biometric data). Nor do we collect any information about criminal convictions andoffences.If you fail to provide personal dataWhere we need to collect personal data by law, or under the terms of a contract we havewith you, and you fail to provide that data when requested, we may not be able toperform the contract we have or are trying to enter into with you. 3.How Is Your Personal Data Collected?We use different methods to collect data from and about you including through:·Direct interactions. You may give us your Identity and Contact Data by fillingin forms, submitting videos via or otherwise interacting with our website or bycorresponding with us by post, phone, email or otherwise. ·Automated technologies or interactions. As you interact with our website,we will automatically collect Technical Data about your equipment, browsingactions and patterns. We collect this personal data by using cookies, server logsand other similar technologies. We may also receive Technical Data about you ifyou visit other websites employing our cookies. Please see our cookie policyhere: [LINK] for further details.·Third parties. We will receive personal data about you such as Technical Datafrom analytics providers such as Google based outside the United Kingdom.4.How We Use Your Personal DataWe will only use your personal data when the law allows us to. Most commonly, we willuse your personal data in the following circumstances:·where we need to perform a contract we are about to enter into or have enteredinto with you and processing your personal data is necessary for theperformance of or entry into the contract;·where it is necessary for our legitimate interests (or those of a third party) andyour interests and fundamental rights do not override those interests.Broadly,legitimate interest means the interest of our business in conducting andmanaging our business to enable us to give you the best service and the bestand most secure experience. We make sure we consider and balance anypotential impact on you (both positive and negative) and your rights before weprocess your personal data for our legitimate interests. We do not use yourpersonal data for activities where our interests are overridden by the impact onyou (unless we have your consent or are otherwise required or permitted to byPage 2 of 8 law). You can obtain further information about how we assess our legitimateinterests against any potential impact on you in respect of specific activities bycontacting us;·where we need to comply with a legal obligation we are subject to;·where we have your consent:·If you submit a video to us, you give us your explicit consent to use it inaccordance with the content assignment agreement, a copy of which canbe found here: [INSERT LINK]. You explicitly give us your consent to usethe video without blurring out your face or the face of any other person(s)appearing in the video so that your and their inclusion in the video is notanonymous. You confirm that all individuals featured in the video haveprovided their full and informed consent in writing to:·their inclusion in the video and such individuals acknowledge thattheir inclusion in the video is not anonymous;·the submission by you of the video to us; and ·our ongoing exclusive use of the video in accordance with thecontent assignment agreement and this privacy policy,and you have specifically drawn with the content assignment agreementand this privacy policy to the attention of such individuals.·We will get your consent before sending third party direct marketingcommunications to you via email or text message. You have the right towithdraw consent to marketing at any time by contacting us.Purposes for which we will use your personal dataWe have set out below, in a table format, a description of all the ways we plan to useyour personal data, and which of the legal bases we rely on to do so. We have alsoidentified what our legitimate interests are where appropriate. Note that we may processyour personal data for more than one lawful ground depending on the specific purposefor which we are using your data. Please contact us if you need details about the specificlegal ground we are relying on to process your personal data where more than oneground has been set out in the table below.Purpose/ActivityType of dataLawful basis for processingincluding basis of legitimateinterestTo consider, review and useyour video submission(s).As mentioned above, ouruse of your videosubmission will be subjectto our contributor termsand conditions.(a) Identity(b) ContactYour consentTo manage our relationshipwith you which will include:(a) Notifying you aboutchanges to our terms orprivacy policy(b) Asking you to leave areview (a) Identity(b) Contact(c) Marketing andCommunications(a) Necessary to comply with alegal obligation(b) Necessary for our legitimateinterests (to keep our recordsupdated and to study howcustomers use our website)(c) Your consentPage 3 of 8 (c) Letting you knowwhether or not we haveaccepted and will utiliseyour video submissionTo administer and protectour business and thiswebsite (includingtroubleshooting, dataanalysis, testing, systemmaintenance, support,reporting and hosting ofdata)(a) Identity(b) Contact(c) Technical(a) Necessary for our legitimateinterests (for running ourbusiness, provision ofadministration and IT services,network security, to prevent fraudand in the context of a businessreorganisation or grouprestructuring exercise)(b) Necessary to comply with alegal obligationTo deliver relevant websitecontentandadvertisements to you andmeasure or understand theeffectiveness of theadvertising we serve to you(a) Identity(b) Contact(c) Usage(d) Marketing andCommunications(e) TechnicalNecessary for our legitimateinterests (to study how websiteusers use our website, to developthe website, to grow our businessand to inform our marketingstrategy)To use data analytics toimprove our website,marketing, customerrelationshipsandexperiences(a) Technical(b) UsageNecessary for our legitimateinterests (to keep our websiteupdated and relevant, to developour business and to inform ourmarketing strategy)To make suggestions andrecommendations to youthat may be of interest toyou(a) Identity(b) Contact(c) Technical(d) Usage(e) Marketing andCommunicationsNecessary for our legitimateinterests (to develop and growour business)MarketingWe strive to provide you with choices regarding certain personal data uses, particularlyaround marketing and advertising.We may use your Identity, Contact, Technical and Usage to form a view on what we thinkyou may want or need, or what may be of interest to you. This is how we decide whichservices, goods and offers may be relevant for you (we call this marketing). You willreceive marketing communications from us if you have requested information from us orpurchased services/goods from us and you have not opted out of receiving thatmarketing.We will get your express opt-in consent before we share your personal data with anythird party for marketing purposes.You can ask us or third parties to stop sending you marketing messages at any time bycontacting us.Where you opt out of receiving marketing messages, this will not apply to personal dataprovided to us as a result of a service/goods purchase.CookiesYou can set your browser to refuse all or some browser cookies, or to alert you whenwebsites set or access cookies. If you disable or refuse cookies, please note that somePage 4 of 8 parts of this website may become inaccessible or not function properly. For moreinformation about the cookies we use, please see our cookie policy.Change of purposeWe will only use your personal data for the purposes for which we collected it, unless wereasonably consider that we need to use it for another reason and that reason iscompatible with the original purpose. If you wish to get an explanation as to how theprocessing for the new purpose is compatible with the original purpose, please contactus.If we need to use your personal data for an unrelated purpose, we will notify you and wewill explain the legal basis which allows us to do so.Please note that we may process your personal data without your knowledge or consent,in compliance with the above rules, where this is required or permitted by law.5.Disclosures of Your Personal DataWe may share your personal data with the parties set out below for the purposes set outin the table above:·External third parties as follows:·service providers acting as processors based in the United Kingdom whoprovide services such as internet hosting and IT and system administrationbased in the United Kingdom;·third party providers of social media/networking/video platforms such asSnap Chat, Instagram, Facebook, Twitter and YouTube based outside of theUnited Kingdom (the personal data shared with these parties will belimited to your image and the images of other persons appearing in thevideo you submit to us);·delivery/courier service providers located in the United Kingdom if we haveagreed to provide goods to you in exchange for your video submission;·professional advisers including lawyers, bankers, auditors and insurersbased in the United Kingdom who provide consultancy, banking, legal,insurance and accounting services;·HM Revenue & Customs, regulators and other authorities based in theUnited Kingdom who require reporting of processing activities in certaincircumstances.·Third parties to whom we may choose to sell, transfer or merge parts of ourbusiness or our assets. Alternatively, we may seek to acquire other businessesor merge with them. If a change happens to our business, then the new ownersmay use your personal data in the same way as set out in this privacy policy.We require all third parties to respect the security of your personal data and to treat it inaccordance with the law. We do not allow our third-party service providers to use yourpersonal data for their own purposes and only permit them to process your personal datafor specified purposes and in accordance with our instructions.6.International TransfersSome of our external third parties listed above are based outside the United Kingdom sotheir processing of your personal data will involve a transfer of data outside the UnitedKingdom. Whenever we transfer your personal data out of the United Kingdom, whererequired, we ensure a similar degree of protection is afforded to it by ensuring that anappropriate safeguard is implemented, which may include one of the following:Page 5 of 8 ·the location where your personal data is received has been deemed to provide anadequate level of protection for personal data by the European Commission. Forfurther details, seeEuropean Commission: Adequacy of the protection of personaldatainnon-EUcountries(https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en);·a specific contract has been entered into with the relevant service provider whichis approved by the European Commission so as to give personal data the sameprotection it has in Europe. For further details, seeEuropean Commission: Modelcontracts for the transfer of personal data to third countries(https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en).7.Data SecurityWe have put in place:·appropriate security measures to prevent your personal data from beingaccidentally lost, used or accessed in an unauthorised way, altered or disclosed.In addition, we limit access to your personal data to those employees, agents,contractors and other third parties who have a business need to know. They willonly process your personal data on our instructions and they are subject to a dutyof confidentiality; and·procedures to deal with any suspected personal data breach and will notify youand any applicable regulator of a breach where we are legally required to do so.8.Data RetentionHow long will you use my personal data for?We will only retain your personal data for as long as reasonably necessary to fulfil thepurposes we collected it for, including for the purposes of satisfying any legal, regulatory,tax, accounting or reporting requirements. We may retain your personal data for a longerperiod in the event of a complaint or if we reasonably believe there is a prospect oflitigation in respect to our relationship with you.To determine the appropriate retention period for personal data, we consider theamount, nature and sensitivity of the personal data, the potential risk of harm fromunauthorised use or disclosure of your personal data, the purposes for which we processyour personal data and whether we can achieve those purposes through other means,and the applicable legal, regulatory, tax, accounting or other requirements.By law we have to keep basic information about our customers (including Contact andIdentity Data) for 6 years after they cease being customers.In some circumstances we will anonymise your personal data (so that it can no longer beassociated with you) for research or statistical purposes, in which case we may use thisinformation indefinitely without further notice to you.9.Your Legal RightsUnder certain circumstances, you have rights under data protection laws in relation toyour personal data. You have the right to:a)Request access to your personal data (commonly known as a "datasubject access request"). This enables you to receive a copy of the personaldata we hold about you and to check that we are lawfully processing it.b)Request correction of the personal data that we hold about you. Thisenables you to have any incomplete or inaccurate data we hold about youcorrected, though we may need to verify the accuracy of the new data youprovide to us.Page 6 of 8 c)Request erasure of your personal data. This enables you to ask us to deleteor remove personal data where there is no good reason for us continuing toprocess it. You also have the right to ask us to delete or remove your personaldata where you have successfully exercised your right to object to processing(see below), where we may have processed your information unlawfully or wherewe 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 erasurefor specific legal reasons which will be notified to you, if applicable, at the time ofyour request.d)Object to processing of your personal data where we are relying on alegitimate interest (or those of a third party) and there is something about yourparticular situation which makes you want to object to processing on this groundas you feel it impacts on your fundamental rights and freedoms. You also havethe right to object where we are processing your personal data for directmarketing purposes. In some cases, we may demonstrate that we havecompelling legitimate grounds to process your information which override yourrights and freedoms.e)Request restriction of processing of your personal data. This enables youto ask us to suspend the processing of your personal data in the followingscenarios:·if you want us to establish the data's accuracy;·where our use of the data is unlawful but you do not want us to erase it;·where you need us to hold the data even if we no longer require it as you needit to establish, exercise or defend legal claims; or·you have objected to our use of your data but we need to verify whether wehave overriding legitimate grounds to use it.f)Request the transfer of your personal data to you or to a third party. Wewill provide to you, or a third party you have chosen, your personal data in astructured, commonly used, machine-readable format. Note that this right onlyapplies to automated information which you initially provided consent for us touse or where we used the information to perform a contract with you.g)Withdraw consent at any time where we are relying on consent toprocess your personal data. However, this will not affect the lawfulness of anyprocessing carried out before you withdraw If you withdraw your consent, we maynot be able to provide certain goods/services to you. We will advise you if this isthe case at the time you withdraw your consent.If you wish to exercise any of the rights set out above, please contact us.No fee usually requiredYou will not have to pay a fee to access your personal data (or to exercise any of theother rights). However, we may charge a reasonable fee if your request is clearlyunfounded, repetitive or excessive. Alternatively, we could refuse to comply with yourrequest in these circumstances.What we may need from youWe may need to request specific information from you to help us confirm your identityand ensure your right to access your personal data (or to exercise any of your otherrights). This is a security measure to ensure that personal data is not disclosed to anyperson who has no right to receive it. We may also contact you to ask you for furtherinformation in relation to your request to speed up our response.Time limit to respondPage 7 of 8 We try to respond to all legitimate requests within 1 month. Occasionally it could take uslonger than a month if your request is particularly complex or you have made a numberof requests. In this case, we will notify you and keep you updated.
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