Privacy Policy

Privacy Policy

Introduction

Welcome to the Jerwood Foundation’s privacy policy.

The Jerwood Foundation is a company incorporated in England and Wales with Company Number 13515955 and Registered UK Charity Number 1197386 ("we", "us" or "our" in this privacy policy).

This Privacy Policy is directed to individuals whose personal data we process in the course of our operations.  It is also directed to visitors to our website at www.jerwood.org (our “Website”).

Contact Details

Please read the following carefully and, if you have any questions regarding your personal data or its use, please contact us:

• by email on info@jerwood.org;
• by telephone on 01584 823 413; or
• by post to Jerwood Foundation, PO Box 186, Ludlow, Shropshire, SY8 9DX.

 

1. [IMPORTANT INFORMATION]

2. [THE DATA WE COLLECT ABOUT YOU]

3. [HOW IS YOUR PERSONAL DATA 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

Purpose of this privacy policy

As a controller of your personal data (i.e. any information about an individual from which that individual can be identified), we are committed to protecting and respecting your privacy.

This Privacy Policy together with our Cookie Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This Website is not intended for children and we do not knowingly collect data relating to children through our Website.

 

Controller

The Jerwood Foundation is the controller and responsible for your personal data.

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

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator 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 policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated in November 2023.

We may amend this Privacy Policy from time to time as necessary to comply with law or for legitimate business purposes. Any changes we make to this Privacy Policy in the future will be posted on our Website and, where appropriate, notified to you by email.

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.

Links to other websites

Our Website contains links to information on other websites. On websites we do not control, we cannot be responsible for the protection and privacy of any information that you provide while visiting those sites. The inclusion of a link should not be taken to mean endorsement by Jerwood Foundation of the site to which it points. Those sites are not governed by our Privacy Policy. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

1. The data we collect about you

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

• Identity Data including you name, title, date of birth and chosen pronouns.
• Contact Data including your address, email address, organisation/employer, job title and telephone numbers.
• Technical Data including internet protocol (IP) address, 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 you use to access this website.
• Profile Data including your family and relationship status, your relationships to other members, your interests and activities.
• Usage Data including information about how you use our website.
• Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences.

We do not generally collect any Special Categories of Personal Data about you unless there is a clear reason for doing so, in which case we would always seek your explicit consent (this includes 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). Examples where we might collect special category personal data from you could include when you complete an audience survey or equal opportunities monitoring form as an artist we work with, or an applicant to one of our artist or job opportunities. Such data is then stored in anonymised aggregate form.

We do not collect any information about criminal convictions and offences.

1. 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 personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for funding;
• complete an audience survey;
• subscribe to our e-newsletter or other publications; or
• give us feedback or contact us with enquiries.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
• Technical Data from analytics providers such as Google based outside the UK. Please click here for more information on Google’s privacy policy, or to opt out of being tracked by Google Analytics on all sites please click here.

1. 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 a contract 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 obligation.

Purposes for which we will use your personal data

We have set out in the table below a description of all 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To identify and register you as a new contact/ funding applicant	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your application including: (a) Conducting interviews and reviewing your application; (b) Manage payments or other benefits; (c) engage in publicity for your projects.	(a) Identity (b) Contact (c) Profile (d) Financial (e) Transaction (f) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to ensure grants are administered fairly)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy; (b) Corresponding with you about upcoming projects, events or opportunities.	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated)
To enable you to complete audience surveys	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how the public interacts with us, to develop our operations)
To administer and protect our company and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical (d) Usage	(a) 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) (b) Necessary to comply with a legal obligation
To use data analytics to improve our website, marketing, relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of users for our Website, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

 

Marketing

We are committed to maintaining the trust and confidence of those who express interest in our activities and visitors to our website. We do not share our mailing list with other companies and businesses for marketing or any other purposes.

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing. You can unsubscribe to general mailings at any time by clicking the unsubscribe link at the bottom of our mails or by emailing info@jerwood.org or by post to Jerwood Foundation, PO Box 186, Ludlow, Shropshire, SY8 9DX.

Where you opt out of receiving these messages, this will not apply to personal data provided to us as a result of other business interactions we may have or have had with you, for example in connection with a contract we may have with you.

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 this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

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.

1. Disclosures of your personal data

We may share your personal data with the following external third parties set out below for the purposes set out in the table in section 4:  

• Service providers acting as processors based inside and outside the UK who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Other charities or organisations based in the UK with whom we are partnering in connection with a specific project acting independent controllers.
• Third parties to whom we may choose to sell, transfer or merge parts of our operations. Alternatively, we may seek to acquire other entities or merge with them. If such a change happens, then the new owners may use your personal data in the same way as set out in this privacy policy.

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.

1. International transfers

Some of our external IT service providers (eg ArtLogic and Microsoft) are based internationally so their processing of your personal data on our behalf may involve a transfer of that data outside the UK. However, whenever your personal data is transferred out of the UK, we aim to ensure a similar degree of protection is afforded to it by confirming that at least one of the following safeguards has been implemented:

• your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data under the UK’s adequacy regulations issued under the Data Protection Act 2018; or
• a contract is in place with the organisation receiving your information on terms approved by the UK government and supplemented by additional measures to ensure your information is subject to the same protection as it has within the UK.

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.

1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about certain individuals including successful funding applicants (including Contact, Identity and Transaction Data) for six years for tax purposes.

1. Your legal rights

Under certain circumstances, you have the legal right to:

• Request access to your personal data, to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of any mistakes in the personal data that we hold about you.
• Request erasure of your personal data where there is no good reason for us continuing to process it. You also have this right 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.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) but you feel this impacts on your fundamental rights and freedoms or where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate compelling legitimate grounds to continue to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data where:
• You want us to establish the data's accuracy.
• Our use of the data is unlawful but you do not want us to erase it.
• You need us to continue to hold the data to establish, exercise or defend legal claims.
• 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 in a structured, commonly used, machine-readable format where the relevant lawful basis for our processing is your consent or our performance of a contract with you. Please note that this right does not apply to personal data contained only in hard-copy records.
  • Withdraw consent at any time where we are relying on consent to process your personal data. Please note, if you withdraw your consent, we may not be able to provide certain products or services to you.

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

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 could refuse to comply with your request in these circumstances.

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.

We try to respond to all legitimate requests within one month. Occasionally it could 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.