privacy policy
Last updated: 30 January 2022
1. Scope
This notice applies to all data subjects whose data is processed by Purple Banana Creative Design (hereby referred to as Purple Banana, or 'we').
2. Responsibilities
The Data Protection Officer (“DPO”) is responsible for ensuring that all potential data subjects have sight of this notice prior to the collection and/or processing of their personal data by Purple Banana.
All employees of Purple Banana who interact with data subjects are also required to ensure that this notice is brought to the attention of all data subjects, securing their consent for the processing of their personal data.
3. Fair Processing Notice
Purple Banana will use the personal data collected from you for the following purposes:
- To contact you about the services Purple Banana offers;
- To process prospective candidate data for employment opportunities;
- To carry out contracts with clients;
- To process payments to Purple Banana.
4. What is Personal Data?
The EU’s General Data Protection Regulation (GDPR) defines “personal data” as:
“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
The GDPR classifies certain data as belonging to “special categories”, as follows:·
- Racial origin;
- Ethnic origin;
- Political opinions;
- Religious beliefs;
- Membership to a trade-union;
- Genetic data;
- Biometric data;
- Health data;
- Data concerning a natural person's sex life;
- Sexual orientation
The GDPR requires that consent is provided by the data subject for all types of personal data, including those pertaining to the special categories set out above and otherwise. Consent must be explicitly provided. When Purple Banana requests sensitive data from data subjects, it is required to confirm why the information is required and how it will be used.
5. Legal Basis
To store and process personal data, Purple Banana relies on four legal bases:·
- Data Subject Consent [GDPR, Art. 6 (1) (a)]
- Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract [GDPR, Art. 6 (1) (b)]
- Legal obligation [GDPR, Art 6 (1) c)]
- Legitimate Interest [GDPR, Art. 6 (1) (f)]
Consent
Data Subject Consent is the main legal basis for the storing and processing of personal data. When we collect your personal data, via our online booking forms, for the purpose of storing and processing it, we will always ask for your consent to do so in the form of a ‘positive opt-in method’ as recommended by the GDPR.
Processing Necessary for Performance of a Contract
Sometimes Purple Banana will collect, store, and process personal data for contractual purposes. As stated in the GDPR, (Article 6, (1) (a)) “Processing should be lawful where it is necessary in the context of a contract or the intention to enter into a contract.”
This includes:
- During the recruitment of new employees / consultants;
- During the completion of a contract with a client;
Legal Obligation
In some circumstances Purple Banana is required to process personal data for compliance with a legal obligation to which Purple Banana is subject. This includes:·
- Processing personal data for compliance with HMRC employment regulations;
- Processing personal data on donations for compliance with HMRC regulations;
- Compliance with a police/court investigation;
Legitimate Interest
“Legitimate Interests” means the interests of our company in conducting and managing our business to enable us to give you the best service/products and the best and most secure experience. It can also apply to processing that is in your interests as well. For example, we may process your information to protect you against fraud when transacting on our website, and to ensure our websites and systems are secure. When we process your personal information for our legitimate interests, we make sure to consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Our legitimate business interests do not automatically override your interests - we will 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). We process personal information for certain legitimate business purposes, which include the following:
Direct Marketing: We will contact you by post and telephone with marketing and fundraising asks which furthers our aims and objectives. We will make sure our communications are relevant to you, tailored to your interests. Those legitimate interests include providing you with information on our appeals, campaigning, services, products, fundraising, newsletter requests, feedback, competitions and other activities. Purple Banana only uses legitimate interest for solicited marketing where prior consent is not necessary.
This includes:
- Post;
- Live phone calls when there is no TPS/CTPS registration or objection;
- Emails/text messages to individuals with soft opt-ins.
- Emails/text messages to business contacts.
Registering online for a quote: In order for us to process your request, contact information collected has to be collected, such as name, address email and telephone number.
Your best interest: Processing your information to protect you against fraud when transacting on our website, and to ensure our websites and systems are secure.
Personalisation: Where the processing enables us to enhance, modify, personalise or otherwise improve our services/communications for the benefit of our supporters.
Analytics: To process your personal information for the purposes of customer analysis, assessment, profiling and direct marketing, on a personalised or aggregated basis, to help us with our activities and to provide you with the most relevant information as long as this does not harm any of your rights and interests.
Research: To determine the effectiveness of promotional campaigns and advertising and to develop our products, services, systems and relationships with you.
Due Diligence: We may need to conduct investigations on potential customers and business partners to determine if those companies and individuals have been involved or convicted of offences such as fraud, bribery and corruption. Whenever we process data for these purposes we will ensure that we always keep your Personal Data rights in high regard and take account of these rights. You have the right to object to this processing if you wish, and if you wish to do so please contact us directly. Please bear in mind that if you object this may affect our ability to carry out tasks above for your benefit.
6. The data we collect
We may collect the following personal data through your interaction with us or our website:
- Contact data including name, address, email, mobile, telephone;
- Website usage data such as IP addresses;
- Transaction Data including: contact data (as above), your card details, your bank account details
We may use the aforementioned personal data for the following purposes:
- To provide and maintain our service;
- To notify you about any changes to our services;
- To provide customer support;
- In the delivery of a contract;
- To gather analysis or other information so we can improve our own service;
- To detect, prevent and address technical issues;
- In the process of recruiting new members of staff;
- To process payments for the delivery of products and services.
7. Providing your personal data to others
Purple Banana is committed to ensuring the safe collection, storage and processing of all personal data it collects. Purple Banana shall only engage with third party data processors that are able to provide security, including technical, physical or organisational security, to all personal data that they process on Purple Banana’s behalf.
The Data Protection Officer will ensure that a full Privacy Impact Assessment (PIA) has been carried out on all third party data processors before any personal data is transferred.
Purple Banana may disclose your information to third party processors for the following reasons:
- We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
- In addition to the specific disclosures of personal data set out in this section, we may also 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.
International Transfers
Many of our external third parties are based outside the United Kingdom (UK) so their processing of your personal data will involve a transfer of data to countries outside the UK.
Whenever we transfer your personal data out of the UK, 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 virtue of an adequacy regulation under section 17A or adequacy decision under section 18(2) each of the DPA 2018;
- where we use certain service providers, we may use standard clauses approved by the Secretary of State under section 119A of the DPA 2018 which give personal data the same protection it has in the UK; and
- where we use a service provider who is a member of a larger corporate group and this will involve the service provider transferring personal data outside the UK (but within their group of companies) the service provider may have binding corporate rules in place (checked and verified by us).
8. Retaining and deleting personal data
This section sets out Purple Banana’s data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
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. We will retain and delete your personal data as follows.
We may keep your information for financial purposes for up to six years. We will keep your information for marketing purposes only as long as we can continue to verify that it is up to date and still relevant for our purposes.
We may keep your information to comply with legal obligations.
9. Your rights
As per the General Data Protection Regulations, you, the data subject, have certain rights that you are free to exercise. 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.
- The right to access: 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.
- The right to rectification: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.
- The right to erasure: 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
- ~the processing is for direct marketing purposes
- ~the personal data have been unlawfully processed.
- However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].
- The right to restrict processing: 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
- ~you require personal data for the establishment, exercise or defence of legal claims
- ~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:
- ~only with your consent to;
- ~for the establishment, exercise or defence of legal claims;
- ~for the protection of the rights of another natural or legal person;
- ~for reasons of important public interest.
- The right to object to processing/profiling: 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: o the performance of a task carried out in the public interest or in the exercise of any official authority vested in uso 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. Similarly, you have the right to object to our processing of your personal data for direct marketing purposes and 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. If you make such an objection, we will cease to process your personal data for this purpose, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- The right to data portability: To the extent that the legal basis for our processing of your personal data is consent, 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.
- The right to complain to a supervisory authority: 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. If you are within the United Kingdom, you may register a complaint with the Information Commissioner's Office (ICO) here. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
- The right to withdraw consent: 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. You may exercise any of your rights in relation to your personal data by written notice to us.
10. Cookies
Purple Banana’s websites use cookies, 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.
You can read more in our cookies policy.
11. Changes to this policy
We keep our privacy policy under regular review and may update this privacy notice at any time. 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.
12. Our details
The data controller, and manager of this website, is Purple Banana Creative Design Ltd.
We are registered with the Information Commissioner's Office, under registration (ZB157206).
Our registered office is at:
Wizu Offices, 32 Eyre Street,
Sheffield, S1 4QZ
You can contact us:
- by post, using the postal address above;
- by telephone, on 0203 488 7674;
- by email, on hello@purple-banana.com
