PRIVACY NOTICE
We, the Roberts Institute of Art respect your privacy and are committed to protecting your personal data. This notice provides you with information about our processing of your personal data and, amongst other things, it explains what personal data we process about you, how we use your personal data, the measures we put in place to look after your personal data and your rights regarding your personal data.
We may make changes to this notice from time to time, including as may be necessary or prudent to reflect any changes in the way in which we process personal data or any changes in data protection laws. Any changes and updates to this notice will be posted on our website. Please check this notice regularly so that you are aware of any changes.
Please refer to the glossary at section 10 below, which explains some of the terms used in this notice.
1 INTRODUCTON
1.1 Purpose of this notice
1.1.1 This notice explains how we, the Roberts Institute of Art (we, us or our), collect and process your personal information (personal data), whether we have collected it online or offline.
1.1.2 Our website is not intended for children, and we do not knowingly collect data relating to children.
1.1.3 It is important that you read this notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This notice supplements our other notices and is not intended to override them.
1.2 Controller
We are the controller and responsible for your personal data. If you have any questions about this notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.
1.3 Contact details
1.3.1 Full name of legal entity: The David Roberts Art Foundation Limited (a registered charity in England and Wales, with charity number 1119738) trading as The Roberts Institute of Art
1.3.2 Name and title of our data privacy manager: Kate Davies, Director
1.3.3 Email address: info@therobertsinstituteofart.com
1.3.4 Postal address: Data Privacy Manager, The Roberts Institute of Art, 111 Great Titchfield Street, London W1W 6RY
You 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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
1.4 Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal details change during your relationship with us or if you become aware that any personal data we hold about you is not accurate.
1.5 Third-party links
Our 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 those third-party websites, and we accept no liability for the privacy practices or content of such sites. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2 THE DATA WE COLLECT ABOUT YOU
2.1 In this notice, “personal data” or “personal information” means any information about an individual from which that person can be identified. It does not include data where the person’s identity has been removed and from which the person is not or, is no longer, identifiable (i.e. anonymous data).
2.2 We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together follows:
2.2.1 “Identity Data” includes first name, last name, title, organisation and job title, details in an email signature, bio, photo and image;
2.2.2 “Contact Data” includes email address, telephone number(s) and online presence details (e.g. social media handles or details on publicly available website or social media pages);
2.2.3 "Correspondence Data" includes information which you provide in, or we learn about you from, any correspondence or communications with us, including details of any enquiries or requests for support and any other information you provide to us;
2.2.4 “Financial Data” includes bank account and payment card details of artists, collaborators and/or suppliers we work with;
2.2.5 “Transaction Data” includes details of payments we make to artists, collaborators and/or suppliers and donations received from our donors and/or supporters, as well as other details of services and/or goods provided by artists, collaborators and/or suppliers;
2.2.6 "Employment Data" includes your CV, résumé, educational background, employment history and any other information you provide in connection with the same;
2.2.7 “Technical Data” includes type of device, unique device identifier (e.g. an IMEI number, IDFA, your internet protocol (IP) address), online identifiers, 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 that you use to access our website;
2.2.8 “Usage Data” includes information about how you use our website and services, your use of social sharing features such as Likes, comments and links that you share; and
2.2.9 “Marketing and Communications Data” includes your preferences about receiving communications from us and any information that you may provide to us in any reviews or feedback.
Information about why we process the above personal data and the lawful bases we rely upon is set out at section 4.2 below.
2.3 We may receive aggregated statistics and insights regarding your use of the website from advertising, analytics and attribution provides such as Google Analytics and may also collect, use and share aggregated data such as statistical or demographic data (aggregated data) for any purpose. Aggregated data may be derived from your personal data but are not considered personal data in law as those data neither directly nor indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. If, however, we combine or connect aggregated data with your personal data so that you can be directly or indirectly identified, we treat the combined data as personal data, which will be used in accordance with this notice.
2.4 We do not collect any special categories of personal data about you (this would include 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.
2.5 If you fail to provide personal data:
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested (or fail to consent to the processing of that data if necessary), we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In that case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
3 HOW WE COLLECT YOUR PERSONAL DATA
We use various methods to collect data from and about you, including through:
3.1 Direct interactions.
You may give us your identity, contact, financial, transaction and/or marketing and communications data by filling in forms, or by corresponding with us by post, phone, email, in person or otherwise. This includes personal data that you provide when you:
3.1.1 apply for job opportunities;
3.1.2 subscribe to our newsletters or other publications (via our website, in person at one of our events or otherwise);
3.1.3 send an email (plus any attachments) to any of our contact email addresses, such as when you send us queries or expressions of interest by email;
3.1.4 phone us, or meet us in person;
3.1.5 send us any correspondence by post;
3.1.6 attend one of our events (where you may speak to us directly and/or appear in any photographs or videos taken at the event);
3.1.7 interact with us via social media or post content on our social media pages (e.g. Facebook and Instagram) or any of our other channels; and/or
3.1.8 give us some feedback.
3.2 Third parties or publicly available sources.
We may receive personal data about you from various third parties as set out below:
3.2.1 technical data and usage data from analytics providers such as Google based inside and/or outside the EU;
3.2.2 technical data from social networks such as Facebook and Instagram based inside and/or outside the EU;
3.2.3 technical data from search information providers such as Google based inside and/or outside the EU;
3.2.4 identity and contact data from publicly available sources;
3.2.5 identity, contact, financial, transaction and/or marketing and communications data from our artists, collaborators and/or suppliers that we may work with (e.g. for the purposes of organising events or inviting you as a guest); and/or
3.2.6 identity, contact and/or marketing and communications data from artists, collaborators and/or suppliers for the inclusion on any guest lists for events.
3.3 Automated technologies or interactions:
As you interact with our website, we (or our analytics providers) may automatically collect technical data about your equipment, browsing actions and patterns. Such personal data may be collected by using cookies and/or similar technologies. Please see our Cookies Notice for further details.
4 HOW WE USE YOUR PERSONAL DATA
4.1 Generally:
4.1.1 We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
4.1.1.1 Where we need to perform the contract we are about to enter into or have entered into with you.
4.1.1.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. These legitimate interests include the purposes identified in the table below at section 4.2 but also include other commercial interests and our internal administrative purposes. Where we rely on legitimate interests as the lawful basis for processing your personal data, we will put in place appropriate safeguards to protect your data and to ensure that your interests or fundamental rights and freedoms are not overridden by those legitimate interests.
4.1.1.3 Where we need to comply with a legal or regulatory obligation.
4.1.2 We do not generally rely on consent as a legal basis for processing your personal information other than, if you agree to receive such communications, in relation to the sending of direct marketing communications to you via email, text message or post. You have the right to withdraw consent to such marketing at any time by contacting us. The withdrawal of consent does not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other legal bases.
4.2 Purposes of processing
4.2.1 We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
4.2.2 Please note that we may process your personal data for more than one lawful basis, depending on the specific purpose for which we are using your data. Please contact us if you would like details about the specific legal basis we are relying on to process your personal data where more than one basis has been set out in the table below.
| Purpose | Type of Personal Data | Lawful basis for processing (including basis of legitimate interest) |
To manage our relationship with you, including: (a) informing you about our programme, upcoming events (including invitations to those), other activities and job opportunities; (b) notifying you about changes to our terms or privacy notice; (c) asking you to leave a review or take a survey; and/or (d) delivering relevant website content (including by publishing names and other details for our artists, collaborators and/or suppliers as relevant to the organisation or our activities, publishing event and programme reviews and photo/video galleries from our events and other activities on the website), newsletters and event invitations and to measure or understand the effectiveness of any such communications we serve | Identity Data Contact Data Correspondence Data Technical Data Usage Data Marketing and Communications Data | (a) Performance of a contract with you (where relevant) (b) Consent (where given, e.g. to receive an invitation to one of our events or to receive other communications, such as our newsletter) (c) Necessary for our legitimate interests (to keep our records updated, to promote our events, to study how visitors attend our events, to expand our network and to inform our communications strategy) |
| To administer and protect our organisation and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | Identity Data Contact Data Correspondence Data Technical Data Usage Data | (a) Necessary for our legitimate interests (for running our organisation, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To use data analytics to improve our website, services, events and other activities, marketing, customer relationships and experiences | Identity Data Contact Data Correspondence Data Technical Data Usage Data Marketing and Communications Data | Necessary for our legitimate interests (to keep our website updated and relevant, to refine our services, events and other activities, to develop our organisation and to inform our communications strategy) |
To process and keep records of: (a) any donations made to us; and/or (b) any payments made to or from artists, collaborators and/or suppliers | Identity Data Contact Data Correspondence Data Financial Data Transaction Data | (a) Performance of a contract with you (where relevant) (b) Necessary for our legitimate interests (to develop our organisation and to keep proper accounts) |
| For recruitment purposes, including to keep records of any job applications we receive | Identity Data Contact Data Correspondence Data Employment Data | (a) Performance of a contract with you (where relevant) (b) Necessary for our legitimate interests (to undertake the recruitment process) (c) Necessary to comply with a legal obligation |
4.3 Marketing
We strive to provide you with choices regarding certain uses of personal information, particularly around communications, where relevant. Please contact us (using the contact details set out in section 1.3 above) if you would like to update your marketing preferences.
4.4 Information from us about our events
4.4.1 We may use your identity, contact, technical, usage, and marketing and communications data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which events or other activities it may be relevant for us to contact you about (which we refer to as marketing).
4.4.2 You may receive marketing communications from us if you have (directly or indirectly) provided us with your details and asked us (or asked any of our artists, collaborators and/or suppliers) to receive such communications from us and, in each case, you have not opted out of receiving those communications.
4.5 Third-party marketing
We will not share your personal information with any third party for marketing purposes, unless you have given us or such third party your prior consent for us to do so.
4.6 Opting out
4.6.1 To opt out of email marketing communications, please use the unsubscribe link within the relevant email and follow the unsubscribe instructions or you can contact us using the contact details set out in section 1.3.
4.7 Change of purpose
4.7.1 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 would like to receive further explanation about how the processing for the new purpose is compatible with the original purpose, then please contact us.
4.7.2 If we need to use your personal data for an unrelated purpose, we will notify you (which may be by way of an update to this notice) and explain the legal basis that allows us to do so.
4.7.3 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 DATA
5.1 We may share your personal data with the external parties set out below (external third parties) for the purposes set out in the table in section 4 above:
5.1.1 Our collaboration partners that we may work with for the purposes of putting on events or running our other activities.
5.1.2 Our funders, including, where relevant, the Arts Council England.
5.1.3 Mailer Lite, the hosting platform for our newsletter.
5.1.4 Service providers acting as processors based in the UK who provide database, booking, IT and system administration services including Artlogic.
5.1.5 Social media platforms including Facebook.
5.1.6 Professional advisers acting as processors or controllers, including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
5.1.7 HM Revenue & Customs, regulators and other authorities acting as processors or controllers based in the UK who require reporting of processing activities in certain circumstances.
5.1.8 Google Analytics and other analytics, advertising and attribution partners.
5.1.9 Law enforcement or a regulator.
5.2 All such third parties have their own legal obligations to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers 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.
5.3 Please also be aware that our website is available to users across the world, and that any user of website can access personal information about you to the extent made available on our website.
6 INTERNATIONAL TRANSFERS
6.1 Data transfers
6.1.1 We do not typically transfer the types of personal information that we obtain to locations outside the UK and the European Economic Area (EEA). To the extent that we do so (e.g. where we engage a data processor that is based outside the EEA), we will strive to ensure that a similar degree of protection is afforded to such information by ensuring that at least one of the following safeguards is implemented:
6.1.1.1 transferring your personal information to a country, organisation or sector that has, at the time of transfer, been deemed to provide an adequate level of protection for personal information;
6.1.1.2 appropriate safeguards are in place as permitted under data protection laws. These safeguards include the use of approved standard contractual clauses; and/or
6.1.1.3 the transfer is otherwise allowed under data protection laws (including where we have consent or the transfer is necessary for the performance of a contract with the data subject).
6.1.2 For further details of such safeguards, please see the ICO's website.
6.1.3 Please contact us if you would like further information on any specific mechanism used by us when transferring your personal information outside the UK and the EEA.
6.2 Accessibility of our website and communications
6.2.1 Please note that our website is available to users across the world, and so personal information about you to the extent made available on our website may be accessible outside the UK and the EEA.
6.2.2 When you provide your personal information to us to be used on our website and/or in our communications (for example, if you are an artist, collaborator or supplier and your work and/or role features at one of our upcoming events), then you do so on the understanding that territories outside the UK and the EEA in which recipients reside may provide a lower standard of protection for your personal information and so there may not be adequate safeguards in place to protect your information.
6.2.3 To the extent that, in those circumstances, your personal information on our website and/or in our communications is accessed outside the UK and the EEA, that is done with your explicit consent, which you give to us by providing that information for use on our website and/or in our communications. You may withdraw that permission at any time by contacting us.
7 DATA SECURITY
7.1 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.
7.2 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. Our database is currently hosted by Mailer Lite For further information on their privacy practices and how they safeguard clients’ data, please see https://www.mailerlite.com/legal/privacy-policy.
8 DATA RETENTION
8.1 We will only otherwise retain your personal information for as long as necessary to fulfil the purposes for which we collected such information (or for any compatible purpose), including for the purposes of satisfying any legal, accounting or reporting requirements. In some circumstances you can ask us to delete your data (please see Request erasure in section 10 below for further information).
8.2 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.
9 YOUR LEGAL RIGHTS
9.1 In certain circumstances, you have the following rights under data protection laws in relation to your personal information (for descriptions of each right, please see clause 10.2 below):
9.1.1 right of access to your personal information we hold about you;
9.1.2 right to rectification of your personal information, if you consider that the information we are holding is inaccurate;
9.1.3 right to erasure of your personal information, if you consider that we do not have the right to hold it;
9.1.4 right to restriction of processing of your personal information (to the extent such processing is based on previously obtained consent);
9.1.5 right to portability of your personal information;
9.1.6 right to object to certain types of processing of your personal information in certain circumstances;
9.1.7 right not to be subject to automated decision-making (including profiling);
9.1.8 right to withdraw consent to processing of your personal information; and
9.1.9 right to complain (please see section 1.3).
To find out more about these rights, please visit the ICO’s website (www.ico.org.uk).
If you wish to exercise any of those rights, please contact us (our contact details are set out in section 1.3). Please note that the above rights are not absolute in all situations and may be subject to conditions and provisions as set out in data protection laws. We cannot therefore guarantee that we will be able to honour any request from you in connection with the rights set out above. For example, if you request that we delete your personal data, we may be required by law to retain some personal data for accounting and record keeping purposes or in order that we comply with our legal and regulatory obligations.
9.2 No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may, however, charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in those circumstances.
9.3 What we may need from you
We may need to request specific information from you to help us confirm your identity and to ensure your right to access your personal data (or to exercise any of your other rights). That is a security measure to ensure that personal data is not disclosed to any person that has no right to receive such data. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.4 Time limit to respond
Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In that case, we will notify you and keep you updated.
10 GLOSSARY
10.1 Lawful basis
10.1.1 Our “legitimate interest” means the interest of our organisation in conducting and managing our events and other activities to enable us to give you the best service/content and the best and most secure experience. We make sure that 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 do so 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.
10.1.2 “Performance of contract with you” 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.
10.1.3 “Necessary to comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.
10.2 Legal rights
In certain circumstances, you have the following legal rights in relation to your personal data. We set out below a brief description of such rights:
10.2.1 Right of access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data that we hold about you and to check that we are lawfully processing such data, provided an exemption doesn't apply.
10.2.2 Right to rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data that you provide to us.
10.2.3 Right to erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for our continuing to process such data. 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), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
10.2.4 Right to restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you would like us to establish the accuracy of such data; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
10.2.5 Right to portability of your personal data to you or to a third party. If you so request, we shall provide you, or a third party that you have chosen, with a copy of your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
10.2.6 Right to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you believe that it impacts on your fundamental rights and freedoms. You also have the absolute right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
10.2.7 Right not to be subject to automated decision-making (including profiling) where that would have a significant effect on you. We do not in fact engage in such activities, so this right will not, in practice, be relevant in the context of your use of our website.
10.2.8 Right to withdraw consent at any time where we are relying on consent to process your personal data. This will not, however, affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products, content or services to you. We shall inform you if that is the case at the time when you withdraw your consent.
11 CHANGES TO THIS NOTICE
11.1 We may update or otherwise modify this notice at any time. We will notify you of any changes to our notice by posting the modified notice on our website.
11.2 This version was last modified on the date noted below, and historic versions can be obtained by contacting us.
Last updated: April 2021