TERMS & POLICIES

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FACTORY 42

WEBSITE PRIVACY POLICY

Last Updated: 31st January 2020

  1. INTRODUCTION

Background

Factory 42 is an immersive and television content production studio that uses cutting-edge advanced imaging technologies to develop unique multi-sensory experiences for visitor destinations, broadcasters, brands and artists.

We respect your privacy and we are committed to protecting your personal data. We ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal data through your use of this website or in relation to the services we provide,  your rights in relation to your personal data, and on how to contact us and data protection authorities in the event you have a complaint.

Our Website and Services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

What does this privacy notice cover?

Specifically, this privacy notice covers personal data we collect: (1) in connection with the services we provide to our Clients (“Services”) and our corporate activities, (2) from our Project Partners in connection with projects that we develop and work on with them (“Projects”), and (3) when you visit our website at https://www.factory42.uk/ (“Website”).

Who collects information about you?

Factory 42 Limited (“we”, “us”, “our”, “Factory 42”) collects, uses and is responsible for your personal data. When we do so, we are responsible as a ‘data controller’ of that information.

Our registered office is at New Wing Somerset House, Strand, London, WC2R 1LA. 

Our Privacy Lead is responsible for overseeing questions in relation to this privacy notice. If you have any questions, including any requests to exercise your legal rights, please contact our Privacy Lead at privacy@factory42.uk.

How to complain

We hope that we can resolve any query or concern that you raise about our use of your personal data.

You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

Changes to the privacy notice and your duty to inform us of changes

We keep this privacy notice under regular review and may make changes to it from time to time. When we do so, we will inform you by updating this section. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Links to other websites

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

Useful terms

Clients” means any of our clients (including the individuals working for our clients) to whom we provide the Services. For example, this will include broadcasters, brands, destinations and artists who engage us to work on projects for them. Clients also include prospective clients, such as contacts who we have communicated with but have not yet engaged us to provide services.

Project Partners” means any partners (including the individuals working for such business partners) with whom we collaborate on Projects.

Personal data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (i.e. anonymous data).

Website Visitors” means individuals who visit our Website and who may opt to provide us with personal data where, for example, they contact us using the form or details provided on our Website.

        2. THE DATA WE COLLECT ABOUT YOU

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • IDENTITY DATA includes first name, last name, job title and company.

 

  • CONTACT DATA includes business address, email address, location, telephone numbers, and professional and/ or social network profile details.

 

  • FINANCIAL DATA includes credit card and/or billing information so that we can charge you for the Services.

 

  • TECHNICAL DATA includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.

 

  • USAGE DATA includes information about how you use our Website.

 

  • MARKETING AND COMMUNICATIONS DATA includes your preferences in receiving marketing or other communications from us.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated 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 this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

What personal data do we collect?

      A. Clients

  • If you are a Client, we collect Identity Data, Contact Data, Financial Data and Marketing and Communications Data about you, or individuals at your organisation, in the course of providing the Services to you.

      B. Project Partners

  • If you are a Project Partner, we collect Identity Data and Contact Data about you, or individuals at your organisation, in the course of collaborating with you on Projects.

      C. Website Visitors

  • Where you choose to provide us with such information, we collect Identity Data and Contact Data about you when you contact us using the form or the contact details on our Website. Please note that where you contact us in relation to a job application, your personal data will be processed in accordance with our Recruitment Privacy Notice

  • We will also automatically collect Technical Data and Usage Data about you through our and our technology partners’ use of cookies and similar technologies. For more information about this, please see our Cookie Notice.

How is your personal data collected?

       A. Clients

  • We may collect data about Clients from the following sources:

  • Directly from you: This is the information you or an individual at your organisation provide to us during the course of our engagement to provide the Services. It also includes any information you provide to us when you interact with us at a conference or correspond with us in person, by phone, email or otherwise.

  • Third-party sources: This will include information about you or your colleagues that is available through publicly available sources, such as professional networking sites (including LinkedIn) and general market research.

       B. Project Partners

  • Directly from you: This is the information you or an individual at your organisation provide to us during the course of our discussions and collaboration on a Project.

  • Third-party sources: This will include information about you or your colleagues that is available through publicly available sources, such as professional networking sites (including LinkedIn) and general market research.

       C. Website Visitors

  • We may collect data about Website Visitors as follows:

  • Directly from you: This is the information you provide when you enquire about, or request a service directly from us. For example, when you contact us directly via email or telephone using the details provided on our Website or via the contact form.

  • Information we collect automatically: As you interact with our Website, we collect certain technical and usage information automatically from your device. 

  • Third-party sources: We will receive Technical Data and Usage Data from analytics providers such as Google based outside the EU.

How do we use your personal data?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

      A. Clients

 

  • To provide the Services to you or your organisation.

  • Storing (and updating where necessary) your contact details on our database so that we can contact you in relation to our agreements.

  • To administer and manage our business relationship with you.

  • For other business purposes, such as research and analysis, business development and planning, and to improve the Services.

  • To send you information which we think you may find interesting (such as details about our Services, content, research, our newsletter, and other relevant news), in accordance with your marketing preferences.

  • To comply with legal or regulatory requirements.

 

       B. Project Partners

 

  • To administer and manage our business relationship with you.

  • Storing (and updating where necessary) your contact details on our database so that we can contact you in relation to our agreements.

  • To comply with legal or regulatory requirements.

 

      C. Website Visitors

 

  • To respond to your enquiries, such as a request for information about our Services.

  • To send you information which we think you may find interesting (such as our newsletter), in accordance with your marketing preferences.

  • To administer and protect our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

  • To deliver relevant website content to you and to measure and understand the effectiveness of the content we serve to you.

  • To use data analytics to improve our Website content, marketing and user experience.

What is our legal basis for processing your personal data?

      A. Clients

  • Where we process your personal data in connection with providing the Services to you, and storing your contact details so that we can contact you in relation to our agreements, we consider that this processing is necessary to perform the contract we have entered into with you.

  • Where we process your personal data to administer and manage our business relationship with you, for other business purposes, and for marketing purposes, we consider this is necessary for our legitimate interests and that your interests and fundamental rights do not override those interests.

  • We will rely on compliance with a legal or regulatory obligation if we are legally required to hold your personal data to comply with legal or regulatory requirements, such as disclosure to regulators and for purposes of disputes or legal proceedings affecting us.

     B. Project Partners

  • Where we process your personal data in connection with storing your contact details so that we can contact you in relation to our agreements, we consider that this processing is necessary to perform the contract we have entered into with you.

  • Where we process your personal data to administer and manage our business relationship with you, we consider this is necessary for our legitimate interests and that your interests and fundamental rights do not override those interests.

  • We will rely on compliance with a legal or regulatory obligation if we are legally required to hold your personal data to comply with legal or regulatory requirements, such as disclosure to regulators and for purposes of disputes or legal proceedings affecting us.

     C. Website Visitors

Where we process your personal data for the purposes described above, we consider this is necessary for our legitimate interests and that your interests and fundamental rights do not override those interests.

What happens if you fail to provide your personal data?

If you do not provide us with certain requested personal data or object to the processing of your personal data, this may limit our ability to provide the Services. You can still visit our Website and learn more about Brother Film Co without giving us your personal data but we will need your contact details to administer and respond to any enquiries you submit to us.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

You will receive marketing communications from us if you have requested information from us or engaged us to provide Services and, in each case, you have not opted out of receiving that marketing.

We will never share your personal data with any company outside of our company for marketing purposes without your express opt-in consent.

Opting Out

You can ask us to stop sending you marketing messages at any time by following the unsubscribe links in any marketing message sent to you, or by contacting us at privacy@factory42.uk.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of providing our Services to you.

Cookies

We may use cookies and other information gathering technologies to learn more about how you interact with our Website. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Notice

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details provided in this privacy notice.

If we need to use your personal data for an unrelated purpose, we will notify you and we will 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.

Who do we share your personal data with?

We may share and disclose your personal data with the following categories of third parties for the purposes described in this privacy notice:

  • Suppliers, consultants and service providers: We use a number of suppliers, consultants and service providers (our “Suppliers”) who perform functions on our behalf and/or help us in providing the Services, such as cloud-based software and hosting suppliers, email marketing providers, email service providers and web analytics providers.

 

  • Professional advisers: We use professional advisers (who act as processors or controllers), including lawyers, bankers, auditors and insurers, who provide legal, banking, accounting and insurance services.

 

  • Business transfers: We may share personal data with third parties to whom we choose to sell, transfer, or merge part of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the new owner may use your personal data in the same way as set out in this privacy notice.

 

  • Compliance with laws: We may be required to share some personal data as required to comply with the law.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our Suppliers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We will not disclose your personal data to any other third parties without your specific consent unless we are required to do so by law.

         3. INTERNATIONAL TRANSFERS, SECURITY AND RETENTION

International data transfers

Some of our Suppliers are based outside of the European Economic Area (“EEA”) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

 

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

 

  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Keeping your data secure

We have put in place appropriate security measures to prevent your personal data from being accidentally 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 will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

For how long do we keep your personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data – please see below.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

         4. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include rights to:

  • Request access to your personal data (commonly known as a “data subject access request”) and to certain other supplementary information that this privacy notice is already designed to address.

 

  • 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.

 

  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. 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).

 

  • Object to processing of your personal data at any time for direct marketing purposes.

 

  • Object to decisions being taken by automated means which produce legal effects concerning you or significantly affect you.

 

  • Object to processing of your personal data where we are relying on legitimate interests as the legal basis of our processing. If we have compelling legal grounds to carry on processing your personal data, we will be able to continue to do so.

 

  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing 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.

 

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

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.

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

If you would like to exercise any of these rights, please email our Privacy Lead at privacy@factory42.uk and let us have enough information to identify you.

       

        5. GLOSSARY

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.