Privacy Policy

This Privacy Policy is provided as set out below.

1 IMPORTANT INFORMATION AND WHO WE ARE

2 THE DATA WE COLLECT ABOUT YOU

3 HOW YOUR PERSONAL DATA IS COLLECTED

4 HOW WE USE YOUR PERSONAL DATA

5 DISCLOSURES OF YOUR PERSONAL DATA

6 INTERNATIONAL TRANSFERS

7 DATA SECURITY

8 DATA RETENTION

9 YOUR LEGAL RIGHTS

1.IMPORTANT INFORMATION AND WHO WE ARE

1.1This Privacy Policy is issued on behalf of Tot Art A Sole Trading Company owned by Wendy Briggs referred to as “We”, “Us” or “Our” in this Privacy Policy.

We respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit totart.co.uk and / or any of the other websites we may from time to time operate through regardless of where you visit this or any of our websites from.

1.2 PURPOSE OF THIS PRIVACY POLICY

(a) This Privacy Policy aims to give you information on how we collect and process your personal data through your use of our websites, including any data you may provide as detailed in paragraph 3.1 below.

(b) We may collect data relating to children for the reasons detailed in paragraph 4.4 below. For more information on our policy on children’s personal data, please see paragraph 4.11.

(c) It is important that you read this Privacy Policy 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 Privacy Policy supplements the other notices and is not intended to override them.

1.3 CONTROLLERS

(a) If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact Total Art using the following details: Wendy Briggs, Email address: wendy@totart.co.uk, Postal address: The Studio, 1 Toynbee Road, London SW20 8SH

(b) You have the right to make a complaint at any time to the Information Commissioner’s Office (the “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 Changes to the privacy notice and changes to your personal data

(a) The Data Protection Act 2018 sets out your rights including your right to access information that we hold about you.

(b) It is important that the personal data we hold about you is accurate and current. Please keep Total Art informed if your personal data changes during your relationship with Total Art using enquiry@totart.co.uk.

1.5 THIRD-PARTY LINKS

The Site may include links to third-party websites, plug-ins and applications. Clicking on those links 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 the Tot Art website or any of our related sites we encourage you to read the privacy policy of every website you visit.

2 THE DATA WE COLLECT ABOUT YOU

2.1 Personal data, or personal information, means information relating to an identified or identifiable living individual. It does not include data where the identity of the individual to whom it relates has been removed (anonymous data).

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

(a) “Identity Data” includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, photographs, vehicle registration number(s), age and gender.

(b) “Contact Data” includes billing address, residential address, delivery address, email address, social media handles and telephone numbers.

(c)”Financial data” includes information about transaction history, purchase history and sales information.

(d) “Transaction Data” includes details about payments to and from you and other details of products and services you have purchased from us.

(e) “Technical Data” includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, full 'Uniform Resource Locators' clickstream to through and from the our websites (including date and time) and other technology on the devices you use to access our website(s).

(f) “Profile Data” includes your username and password, purchases or orders made by you, your interests, preferences, relationships held with other data subjects, feedback and survey responses, products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, mouse-overs and methods used to browse away from the page).

(g) “Usage Data” includes information about how you use our websites, products and services.

(h) “Marketing and Communications Data” includes your preferences in receiving marketing from us and our third parties and your communication preferences.

2.3 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 does not directly or indirectly relate to an identified or identifiable living individual, in other words it is not possible to tie it to you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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 Policy.

2.4 We may also collect personal data that includes “Sensitive Data” , such as dietary requirements, allergies and certain medical information (including whether or not you are a wheelchair user).

2.5 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, 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 goods or services, emergency contact details when when purchasing a place on a children’s art workshop and consent from an adult with parental responsibility for processing personal data of a child under the age of thirteen). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3 HOW YOUR PERSONAL DATA IS COLLECTED

3.1 We use different methods to collect data from and about you including through:

(a) Direct interactions. You may give us your Identity Data, Contact Data, Transactional Data, Financial Data and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

(i) apply for and/or purchase our products or services;

(ii) sign up to hear from us via email, phone and mail;

(iii) create an account on the website;

(iv) subscribe to our service or publications;

(v) request marketing to be sent to you;

(vi) apply for and/or purchase places on classes, workshops and events;

(vii) participate in some capacity at an event;

(viii) utilise membership services and benefits;

(ix) sign up to our educational programmes;

(x) interact with Tot Art on Social Media;

(xi) enter a competition, promotion, survey or give us some feedback.

(b) Automated technologies or interactions. As you interact with our website(s) we may automatically collect Profile Data to enable you to access member only sections of our website(s), Usage Data about how you use our website(s) and Technical Data about your equipment, browsing actions and patterns. We collect this Technical Data, Profile Data and Usage Data by using cookies, server logs and other similar technologies. Please contact us to find out more about the various third parties and public sources from which we may receive these types of data.

(c) Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as analytics providers, advertising networks, technical, payment and delivery services, data brokers or aggregators and publicly availably sources such as Companies House and the UK Electoral Register. Please contact us to find out more about the various third parties and public sources from which we may receive personal data about you.

4 HOW WE USE YOUR PERSONAL DATA

4.1 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) Where we need to perform a contract we are about to enter into or have entered into with you.

(b) 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.

(c) Where we need to comply with a legal obligation, in particular but not limited to the principles of child welfare and parental responsibility.

4.2 Please contact us to find out more about the types of lawful basis that we will rely on to process your personal data.

4.3 Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or unsubscibing from marketing communications and newsletters.

4.4 PUrPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

(a) We have set out below a description of the ways we plan to 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.

(b) Note that we may process your personal data for more than one lawful ground depending on the specific activity for which we are using your data. In carrying out each activity, we may process your data for a number of different purposes as listed below. Please contact us if you need more detail about the specific legal ground we are relying on to process your personal data.

Activity Purchasing a place on a pre-school art class, a child’s art class, a children’s art workshop or an adult art workshop

Type of data

Identity Data
Contact Data
Financial Data
Transaction Data
Technical Data
Profile Data
Usage Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Contract (performance of a contract with you)
Legal obligation (to comply with ‘Working together to Safeguard children 2023: statutory guidance’)
Consent (Your choice when you purchase from us or visit our website to receive marketing communications from us)
Necessary for our legitimate interests (to facilitate your purchase and our ability to provide you with a service)

Retention period: 5 years from last purchase or last interaction with us as a customer, whichever is later.

Activity: When you become a member of Total Art (not otherwise dealt with in other activity lists)

Type of data

Identity Data
Contact Data
Technical Data
Profile Data
Usage Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Consent (Your choice when you as a member of Total Art to receive marketing communications and newsletters from us)
Necessary for Our Legitimate Interests (to facilitate your membership registration)

Retention period: 5 years from last registration as a member of Total Art or last interaction with us as a customer, whichever is later

Activity To process and deliver your order (including purchases made at Total Art venues) including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

Type of data

Identity Data
Contact Data
Financial Data
Transaction Data
Technical Data
Profile Data
Usage Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Contract (performance of a contract with you to provide goods and services)
Consent (Your choice when you purchase from us or visit our website to receive marketing communications from us)
Necessary for our legitimate interests (to facilitate your purchase, our ability to provide you with products and services, to recover debts due to us)

Retention period: 5 years from last purchase or last interaction with us as a customer, whichever is later.

Activity Asking you to leave a review, take a survey, partake in a prize draw or competition

Type of data

Identity Data
Contact Data
Technical Data
Profile Data
Usage Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Performance of a Contract with you
Necessary for Our Legitimate Interests (to study how customers use Our products/services, to develop them and grow Our business)

Retention period: 5 years from prize draw, competition or survey

Activity To administer and protect our business and the Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data

Identity Data
Contact Data
Technical Data

Lawful basis for processing including basis of Legitimate Interest

Necessary for Our Legitimate Interests (for running Our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
Necessary to Comply with a Legal Obligation

Retention period: 5 years from collection of data

Activity To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising We serve to you

Type of data

Identity Data
Contact Data
Profile Data
Usage Data
Marketing and Communications Data
Technical Data

Lawful basis for processing including basis of Legitimate Interest

Necessary for Our Legitimate Interests (to study how customers use Our products/services, to develop them, to grow Our business and to inform Our marketing strategy)

Retention period: 5 years from collection of data

Activity To use data analytics to improve the Site and our products/services, marketing, customer relationships and experiences

Type of data

Technical Data
Usage Data

Lawful basis for processing including basis of Legitimate Interest

Necessary for Our Legitimate Interests (to define types of customers for Our products and services, to keep the Site updated and relevant, to develop Our business and to inform Our marketing strategy)

Retention period: 5 years from last interaction

Activity To make suggestions and recommendations to you about goods or services that may be of interest to you

Type of data

Identity Data
Contact Data
Technical Data
Usage Data
Profile Data

Lawful basis for processing including basis of Legitimate Interest

Consent (to send you information about Our products/services)

Retention period: 5 years from last interaction

For more information about how we market to you, please see paragraphs 4.6 to 4.9 below.

Activity To facilitate and publish any event we run

Type of data

IdentityData
Profile Data

Lawful basis for processing including basis of Legitimate Interest

Legitimate Interests (We need the ability to publish events and store information about the event and keep a historic log of this data for the purpose of staging the event, future events and for archival and historic research).

Retention period: In perpetuity

Activity To televise, film and/or otherwise record our classes, workshops and events and to take photographs and record footage of our classes, workshops and events

Type of data

Identity Data

Lawful basis for processing including basis of Legitimate Interest

Legitimate Interests (We need the ability to publish, display, sell and distribute our classes, workshops and events by means of film, television, radio, print media, internet, publicity material or any other media now or in the future).

Retention period: In perpetuity

Activity To invite you to participate, and for you to participate, in our hospitality

Type of data

IdentityData
Contact Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Performance of a Contract with you.
Legitimate Interests (We need this data to be able to give you the option to attend, and to provide you with, high-quality hospitality).

Retention period: 5 years since the last invitation or purchase, whichever is later

Activity To volunteer for our events, provide additional help at classes and workshops on a voluntary basis

Type of data

Identity Data
Contact Data
Profile Data
Marketing and Communications Data
Sensitive Data

Lawful basis for processing including basis of Legitimate Interest

Performance of a Contract with you
Legitimate Interests (We need this data to be able to allow you to participate in our events, classes and workshops as a volunteer and to stage events, classes and workshops which require volunteers).
Necessary to comply with a Legal Obligation (to comply with ‘Working together to Safeguard children 2023: statutory guidance’ and for security and safety at our events, classes and workshops and for tax purposes).

Retention period: 7 years since your last application to volunteer

Activity To be included on our media lists

Type of data

Identity Data
Contact Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Legitimate Interests (We need this data to be able to enable our events to be covered in the media).

Retention period: 5 years

Activity To be a partner, sponsor or supplier or potential partner, sponsor or supplier of or to us or our classes, workshops and events

Type of data

Identity Data
Contact Data
Financial Data
Transaction Data
Marketing and Communications Data

Lawful basis for processing including basis of Legitimate Interest

Performance of a Contract with you (as Our partner, sponsor or supplier)
Legitimate Interests (We need this data to be able to contact you about becoming a partner, sponsor or supplier to allow you to become officially associated with Us or Our event(s)).
Necessary to Comply with a Legal Obligation (including for tax purposes).

Retention period: 7 years after the end of any contract or 5 years from the last correspondence about being a potential partner, sponsor or supplier

Activity To participate in our events if you are under 13 years of age

Type of data

Identity Data
Contact Data
Consent (parental consent either obtained by us or via a third party, please see paragraph 4.11)

Lawful basis for processing including basis of Legitimate Interest

To allow such individual to participate in classes, workshops and events

Please note that we will rely on Legitimate Interests upon the individual turning 13 years of age

Retention period: 5 years from last participation

4.5 MARKETING

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

4.6 PROMOTIONAL offers from us

We will get your express opt-in consent before we use your Identity Data, Contact Data, Technical Data, Usage Data and/or Profile Data to contact you about goods or services that may be of interest to you (we call this marketing).

4.7 THIRD-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Total Art Group for marketing purposes.

4.8 OPTING out

You can ask us to stop sending you marketing messages at any time using the unsubscribe links in our emails. You can check or uncheck relevant boxes to adjust your marketing and communications preferences by following the opt-out links on any marketing message sent to you or by contacting us at any time.

4.9 COOKIES

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 the website may become inaccessible or not function properly. For more information about the cookies we use, please contact us.

4.10 CHANGE of purpose

(a)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.

(b) 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.

(c) 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.

4.11 CHILDREN’S DATA

We may collect and process the personal data of children below the age of 13 for the purposes of administering classes, workshops and events in which case we will always ensure that consent is given or authorised by the holder of parental responsibility over that child.

5 DISCLOSURES OF YOUR PERSONAL DATA

5.1 We may have to share your personal data with the parties set out below for the purposes set out in paragraph 4.4 above.

(a) Internal Third Parties

(b) External Third Parties

(d) Third parties to whom we may choose to sell, transfer, or merge parts 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, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

5.2 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 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.

INTERNATIONAL TRANSFERS

6.1 Some third parties which we use are based outside the UK and EU so their processing of your personal data will involve a transfer of data outside the UK and EU. Such destinations may not have laws which protect your information to the same extent as in the UK and EU. We will make you aware that we are using third parties to process your personal data before you enter your personal data, please refer to 4.5 to 4.9 above.

6.2 Please contact us if you want further information on the countries to which personal data may be transferred and the specific mechanism used by us when transferring your personal data out of the UK and EU.

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 and who are subject to a duty of confidentiality. They will only process your personal data on our written instructions.

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.

8 DATA RETENTION

8.1 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.

8.2 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.

8.3 Details of retention periods for different aspects of your personal data are set out in paragraph 4.4 above.

8.4 By law we have to keep basic information about our customers (including Contact Data, Identity Data, Financial Data and Transaction Data) for seven years after they cease being customers for tax purposes.

8.5 In some circumstances you can ask us to delete your data.

8.6 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 Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of your rights under data protection laws in relation to your personal data please contact us.

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) but 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.

9.3 WHAT we may need from you

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.

9.4 TIME limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if necessary taking into account the complexity and number of requests. In this case, we will notify you within one month of receipt of your request and keep you updated.