1.1 We are committed to safeguarding the privacy of visitors to and users of the Film Access Scotland website, referred to throughout the remainder of this document as ‘website users’.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of website users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can opt-out of any functionally non-essential tracking or data storage. You can access the privacy controls via the ‘Privacy’ settings bar at the very bottom of each page when viewing the website.
1.5 In this policy, “we”, “us” and “our” refer to Film Access Scotland, a collective organisation represented by Screen Education Edinburgh at 30 Ferry Road Avenue, Edinburgh, EH4 4BA. For more information about us, see Section 13.
2.1 This document was created using a template from SEQ Legal ( https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
3.2 We may process data about you about your use of our website (” usage data“), or your contact information if using any of our contact forms (” contact data “).
3.2.1 The usage data we process may include your IP address, approximate geographical location (city), browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system, Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services in order to make improvements and ensure that we test the website and its features across the appropriate range of browsers and browsing devices. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services for future usage.
3.2.2 The contact data we process may contain your name, email address or other personal information you deem relevant to share with us when filling out one of our website contact or application forms, along with the body of your message. The source of this information is your direct input, upon filling out the form with your information. This contact data may be processed for the purposes of contacting you and processing your request, including sharing with partner organisations who may be directly involved in carrying out your request or troubleshooting the issue you are experiencing. The legal basis for this processing are our legitimate interests, namely receiving and responding to any query or issue you have regarding this website, or processing your application form.
3.3 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.4 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.5 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, and our organisational network known as Film Access Scotland).
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose your account data usage data and contact data to our website developers Kin Works Limited — at http://kin.works — insofar as reasonably necessary for the ongoing development and troubleshooting of the website and its systems.
4.4 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 The hosting facilities for our website are situated with Digital Ocean’s data center in the United Kingdom – within the European Economic Area (EEA). As such, as a UK-based user, no international transfers regarding your account data or contact data and the website server take place.
5.3 The data storage facilities for our website backups are situated with Amazon Web Services’ EU-Ireland location, also within the EEA. As such, no international transfers regarding your account data or contact data and the backup systems take place.
5.4 The data processor for your usage data, Google LLC, are situated within the EEA, and are headquartered in the United States of America. Data transfers to the United States of America will be protected by appropriate safeguards, namely the EU-US Privacy Shield, information on which can be obtained from Google at https://privacy.google.com/businesses/compliance or the US Privacy Shield website at https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
6.3.1 usage data will be retained for a period of 26 months from when it is first captured, to allow for historical website performance comparisons. The data covered by this retention policy extends only to data associated with cookies or unique user identifiers.
6.3.2 Contact data will be retained in the active website until dealing with your query, request or application has concluded. At this time, the message (and subsequently your data contained within it) will be deleted, however it will persist within our website backup systems for a period of up to 18 months before being deleted.
6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw consent to consent-based processing;
- You object to the processing under certain rules of applicable data protection law;
- The personal data have been unlawfully processed.
- However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: e.g. for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.9 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.11 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.12 You may exercise any of your rights in relation to your personal data by written notice to us.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
10.2 Essential Cookies:
Privacy Consent – in order to save your privacy settings relating to opting-out from non-essential cookies on our website, we set an essential cookie to store your preferences in. Cookies used for this purpose are: privacy_consent.
11. Cookies used by our service providers
11.2 Essential Cookies:
(a) [Video display] – we use Vimeo and Youtube to embed our video content in this website. These providers’ embedded players includes a number of cookies that the providers consider to be essential to the use of the video player and their business. Because Vimeo and Youtube are an essential part of using our website, we cannot provide an opt-out for these cookies. Cookies used for this purpose are all set from the domain https://player.vimeo.com or https://youtube.com
11.3 Non-essential Cookies:
12. Managing cookies
12.1 The easiest way to change your cookie settings for this website is using the ‘Privacy Settings’ link found at the bottom of every page. When you select this link, you will be able to view details of cookies we set, and opt-out of any cookies that are not essential to using this website.
12.2 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links, though as stated above it should not be necessary to do so:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
12.3 Blocking all cookies will have a negative impact upon the usability of many websites.
12.4 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Film Access Scotland.
13.2 We are collective of arts organisations across Scotland, with our main offices being at Screen Education Edinburgh, 30 Ferry Road Avenue, Edinburgh, EH4 4BA.
13.3 Our principal place of business is therefore also at Screen Education Edinburgh, 30 Ferry Road Avenue, Edinburgh, EH4 4BA.
13.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form.
14. Data protection officer
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:
Data Protection Officer
Film Access Scotland, C/O Screen Education Edinburgh
30 Ferry Road Avenue, Edinburgh, EH4 4BA
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/