The Cleared Folio Ltd – Online Privacy Notice
The Cleared Folio Ltd (“us”, or “we”) are the “data controller” in respect of your personal information. This privacy notice sets out the basis on which any of your personal information we collect from you or third parties, or that you provide to us, will be processed by us.
Please read the following carefully to understand our practices regarding your personal information and how it will be treated.
1. HOW AND WHEN WE COLLECT PERSONAL INFORMATION ABOUT YOU
We collect and process personal information when you:
visit our website (including when registering on our site, leaving any reviews or comments, or filling in forms on our site, such as when you sign up for newsletters or enter a competition);
upload or download any artwork or products from our website or subscribe to any of our services;
contact our customer service team or request information from us in any other way;
participate in our customer satisfaction surveys or other market research; and
communicate with us via social networking websites, third party apps or similar technologies.
We will indicate where any personal information we have requested is mandatory or optional. We will also explain the consequences should you decide not to provide information which we have indicated is mandatory. In some circumstances this may mean we are unable to provide you with a certain service or product.
We may also collect information about you from third party sources, such as from your use of other websites which we operate and from related third parties such as sub-contractors.
2. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU
We may collect and process the following personal information about you:
We may collect and process the following personal information about you where you provide it to us:
contact details (such as your name, address, email address and telephone number);
demographic information (such as age and/or other information that may identify you as an individual);
password and other authentication information;
photograph (for example as part of a profile photo);
responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
financial and credit card information;
details of productions and projects you are working on (when you download artwork or graphics from the website); and
your marketing preferences.
We will collect and store your purchase, download and upload history with us.
If you contact us with a complaint or query, we may keep a record of any phone number used to call our customer service team as well as the correspondence and the period of time it took for us to deal with a query or any request you had. We may also record your levels of satisfaction with the services we have provided.
If you contact us using our website contact form or artist upload area, you may use our custom uploader to help you upload information and/or artwork to the website.
When you visit our website and other digital properties, we may also collect information from you automatically, for example using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device. This type of information may include the following:
information about your device, operating system and IP address;
your login information;
browser type and version;
information about your visit, including URL, clickstream (i.e. your journey to, through and from our site), length of visits to certain pages, and page interaction information.
If you do not want to accept cookies from thefolio.co.uk you can change your browser settings so that cookies are not accepted. If you choose to do this, please be aware thefolio.co.uk may no longer function as intended. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/
3. PURPOSES FOR PROCESSING YOUR PERSONAL INFORMATION
We may process your personal information for the following purposes:
to provide you with the information, products and services you have requested and send you marketing and advertising materials;
to authenticate your access to our website and other digital properties;
for system administration purposes and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to distinguish you from other users (for example to remember your log-in details);
to monitor your use of our website and other digital properties to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
to provide customer support and ensure we provide a good level of customer service;
to tailor any marketing or advertising so that it is more relevant to you;
to notify you of any changes to our services including changes to policies or other terms;
to conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns;
for security and fraud prevention;
to ensure that our website and digital properties are safe and secure; and
to comply with applicable laws and regulations.
4. LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:
Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as an international provider of cleared art and graphic downloads to the film and creative industries, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights.
Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have downloaded artwork from us and we need to use your contact details and payment information in order to process your order.
Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
5. WHERE WE STORE YOUR PERSONAL INFORMATION
The personal information that we collect is generally stored and kept inside the European Economic Area (the “EEA”). However, due to the nature of our global business and the technologies required, we may transfer or store your personal information to a destination outside the EEA, including countries which have less strict, or no data protection laws, when compared to those in Europe.
Whenever we transfer your information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this privacy notice. In these cases, we rely on approved data transfer mechanisms (such as the EU “Standard Contractual Clauses” and the EU-US “Privacy Shield”) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.
6. HOW WE KEEP YOUR PERSONAL INFORMATION
We will retain a record of your personal information for a period of 2 years after you last used our service. After this period it will be deleted or in some cases anonymised. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim.
Where we have collected the personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal information. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
Our website and other digital properties are not intended for, and should not be used by, children under the age of 13. We do not knowingly collect personal data from children under 13.
8. SECURITY AND PASSWORDS
As is the case with all computer networks linked to the internet, we cannot make absolute guarantees over the security of the information you provide over the internet and as such we cannot be held responsible for it.
We will never contact you by email to ask you to send or confirm any of your personal details, if we need any information of this nature we will only contact you by telephone.
Never send any sensitive information, such as passwords or credit card information, via email.
Where you have chosen to create a password to access certain parts of our website, you are responsible for keeping this password confidential. We advise you not to share a password with anyone. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
9. DISCLOSING YOUR INFORMATION
We may share your personal information within our group of companies (i.e. our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).
We may share your personal information with our suppliers, business partners and service providers, where they are helping us to market and advertise our services as well as providing our services to you.
We may disclose your personal information to other third parties in the following cases:
for the purposes of research, evaluation, and analysis;
in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets
if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers and visitors to our websites will be one of the transferred assets;
if we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request; or
to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
10. YOUR RIGHTS
You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.
You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.
Our website and other digital properties may, from time to time, contain links to and from third party websites and services such as our business partners and advertisers. If you follow a link to any of these websites and/or services, please note that they have their own privacy notices and we do not accept any responsibility or liability for them. Please check any such third party privacy notices before you submit any personal information to these websites or services.
11. CHANGES TO THIS PRIVACY NOTICE
We may change this privacy notice at any time. The new privacy notice will be displayed on our website and in the applicable digital property. The date this privacy noticed was last updated appears at the bottom.
12. COOKIES AND OTHER TOOLS
Within our Site we and our partners, affiliates, and/or analytics or service providers use technologies such as cookies, beacons, tags and scripts to analyze trends, administer the Site, track visitors’ movements around the Site and to gather demographic information about our visitor base as a whole. We may receive reports based on the use of these technologies by these companies on an individual or aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this information gathered about you from our Site to help personalize search results, diagnose problems with our server, and to administer our Site. We also gather broad demographic information from this data to help us improve our Site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
We also use tracking technologies such as: CI codes (click tracking), ISC (source tracking), and ITC (item tracking codes, attached to purchases at an item level, used to determine where within the application a product was added). . These results are not shared with any third parties and are used solely for deciding when to retire SDKs/OS versions and to identify characteristics of major visitors so that we may optimize our applications and services for those visitor types.
You can set your browser to notify you when you receive a cookie and you can refuse it; this may, however, reduce functionality of certain Site features.
13. CONTACT US
Questions and comments regarding this privacy notice should be sent to: firstname.lastname@example.org
Our registered offices are located at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.
This Privacy Notice was last updated on [15/12/18].