Personal Data Policy

 

Introduction

BAMM Limited respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how BAMM Limited collects and processes your personal data through your participation in our market research activities, including any data you may provide when you sign up to participate in the same.

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 data 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.

Controller

BAMM LIMITED, a company incorporated in England and Wales with company number 06021403, whose registered office is at 11a Curtain Road, London, EC2A 3LT is the controller and is responsible for your personal data (collectively referred to as “BAMM“, “we“, “us” or “our” in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Our contact details

Our contact details should you wish to contact us in respect of this policy are as follows: Name or title of [data privacy manager]: Prerana Srungaram

Email address: info@bammlondon.com

Postal address: BAMM Limited, 11a Curtain Road, London, EC2A 3LT

Telephone number: 02070 369740

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.

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

This version was last updated on [9/2022] and historic versions can be obtained by contacting us.

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.

2. The data we collect about you

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 identity has been removed (anonymous data).

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

• Identity Data includes photographs, video footage, first name, and last name.
• Contact Data includes address, email address and telephone numbers.
• Profile Data includes previous market research interviews and responses and location of residence.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do sometimes collect Special Categories of Personal Data about you (this will include details about your sexual orientation and political opinions), however we do not collect any information about criminal convictions and offences. In processing such special categories of personal data about you, we will rely upon your express consent to do so.

If you fail to provide personal data

Where we need to collect personal data by law, or as part of our market research activities which you agree to participate in, and you fail to provide that data when requested, we may not be able to perform the market research activities we are trying to carry out with you. In this case, we may have to cancel the market research activities you have agreed to participate in with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

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

• Direct interactions. You may give us your Identity and Contact Data by filling in our image release forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply or agree to participate in our market research as a participant;
  • request other market research activities which may be of interest to you to be notified to you; or
  • give us some feedback.
• Third parties or publicly available sources. We may receive personal data about you from various third parties , including Contact Data from third parties whom we purchase such personal data from, based [ inside and outside] the EU, the details of which can be confirmed to you upon request by contacting us.

4. How 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:

• Where we need to perform the market research activities we are about to enter into or have
  entered into with you.
• 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.
• Where we need to comply with a legal or regulatory obligation.

We will be relying upon your consent as the legal basis for processing your personal data. You have the right to withdraw consent at any time by contacting us.

Purposes for which we will use your personal data

Below is a description of all the ways we plan to use your personal data:

• to research the subject area which market research activities we have been commissioned for relate (“Project”);
• to include in literature, videos and/or presentations for internal use only between BAMM and its
  customer to which we will be carrying out the Project for;
• to use in promotional material of BAMM only, or BAMM and its customer to which we will be carrying out the Project for, throughout the world in any printed or electronic media whether now known or discovered or invented in the future; or
• to contact you for further comments on the Project, or about other market research studies which may be of interest to you which you may wish to participate in.

Marketing

We may use your personal data to form a view on what future Projects we think may be of interest to you. This is how we decide which Projects may be relevant for you (we call this marketing).

You may receive marketing communications from us if you have requested information from us on future Projects and you have not opted out of receiving that marketing.

Opting out

You can ask us to stop sending you marketing messages by contacting us at any time.

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.

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.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• our customers to which the Project relates;
• service providers who provide IT and system administration services to us;
• professional advisers including lawyers, bankers, auditors and insurers who provide consultancy,
  banking, legal, insurance and accounting services to us; or
• 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 notice.

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.

6. International transfers

Some of our external third parties are based outside 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 the 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.

7. Data security

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.

8. Data retention

How long will you use my personal data for?

We will retain your personal data for a period of ten years commencing from the date you sign the appropriate image release form or accept this policy (unless you ask us to delete the personal data held for you before this time), after which point the consent will expire and we will contact you for a renewal of such consent if we deem necessary.

In some circumstances you can ask us to delete your data. Please see paragraph 9 (Your legal rights) below for further information.

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

Under certain circumstances, you have rights under data protection laws in relation to your personal data. A summary of these rights are as follows:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• 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, though we may need to verify the accuracy of the new data you provide to us.
• 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), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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.
• 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 which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the 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 which override your rights and freedoms.
• Request 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:
  • if you want us to establish the data’s accuracy;
  • where our use of the data is unlawful but you do not want us to erase it;
  • 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
  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use 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. However, this will not 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 or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

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). 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.

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.

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 your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.