01. What is the purpose of this privacy notice and to whom does it apply?
BPI (British Recorded Music Industry) Limited (“BPI, “we” or “us”) is committed to protecting the privacy and security of your personal data. References to your “personal data” include any or all of your personal data, as the context requires, including “special categories of personal data”, which involves more sensitive information about you. This is most likely to include information about your racial or ethnic origin or health data. There are other categories of “special categories of personal data” which are less likely to be processed, but for a full definition, see Article 9 of the General Data Protection Regulation (“GDPR”).
BPI is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you. This privacy notice describes how we are or will be processing personal data about you during and after your working relationship with us. By “processing”, we mean such actions as collecting, using, storing, disclosing, erasing or destroying your personal data.
This notice applies to all employees, workers and contractors. It does not form part of any contract of employment or other contract to provide services. We may update this notice at any time and without notifying you before we do so.
02. What information will BPI collect about me?
In respect of members who use the members’ area on our Sites, we collect:
In respect of third parties/suppliers, we collect:
We collect the following information from Site visitors who make purchases:
Date of Birth
Transaction details (i.e. payment card details) – these are generally input by customers directly into a transaction gateway, but purchasers can elect to store their payment details, in which case we would save them.
03. How do we collect your personal data?
We collect data from Site visitors who have made a purchase through the Site visitors themselves, who input this data either at the point of purchase, or in order to maintain a log in to make repeated purchases on our Sites.
We collect data from members either from members themselves, or from their employer, where (as for most members) they have a membership in the course of their employment or engagement.
We collect contact details from suppliers and third parties from the data subjects themselves.
04. Why do we collect your information?
We collect data from Site visitors who make purchasers in order to deliver their purchase, and we store that data, where required by the purchaser, in order to make future purchases easier. We collect data from individuals who have access to our members’ area in order to identify them and permit their access. We collect data about third party contacts in order to maintain business relationships with third parties, such as suppliers.
05. What are the legal bases and the purposes for which we process your personal data?
We will only use your personal data as permitted by law. We will use your personal data in either of the following circumstances:
- Where we need to perform the contract we 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. We are required to specify what the legitimate interests are (see below for further details).
Necessary for the Performance of a Contract with You
We use the information provided by Site visitors who have made a purchase in order to process that transaction in compliance with the contract between us and the purchaser. Where individuals have a personal membership for our Site, we use their data as necessary to give effect to their membership rights under the contract they have entered into with us.
Necessary for our legitimate interests or those of a third party
It is in our legitimate interests to use the personal information of individuals who use a membership log in paid for by the employer/engager in order to give effect to their membership and permit individuals the agreed level of access to the content of our site.
It is in our legitimate interests to use contact information for suppliers/third parties in order to properly perform the business arrangements we have entered into with suppliers/third parties.
“Special categories” of personal data
“Special categories” of personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal data in limited circumstances with your explicit written consent. We do not process any special category data.
06. 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 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, before we start using it for that unrelated purpose. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is permitted by law.
07. Sharing Data
We may share your data with third parties, including third-party service providers and any sub-contractors of those service providers where required by law, or where we have a legitimate interest in doing so. We use a third party, currently Sage Pay, to process transactions for purchases from our website.
We require third parties to respect the security of your data and to treat it in accordance with the law.
How secure is your information with third party service providers?
All our third party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes unless they are data controllers in their own right in relation to your personal data. Where they operate as our “data processors” (ie they process your personal data on our behalf and acting only on our instructions), we only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about disclosure to other third parties?
We may share your personal data with other third parties, for example to external legal or other professional advisers, or to otherwise comply with the law.
What safeguards are in place in relation to the transfer of your personal data outside of the EU?
Neither we nor any of our third party suppliers envisage transferring your personal data outside the EU. If the position changes, we will let you know and also let you know of the safeguards we will be putting in place to keep your personal data secure.
08. How long will we retain your personal data?
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. Details of retention periods for different aspects of your personal data are available in our Records Management Policy which is available from the DPM. 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.
09. What are your rights and obligations as a data subject?
Your duty to inform us of changes:
It is important that the personal data we hold about you is accurate and current. Please let us know of any changes. We will update your records promptly upon being notified of such changes.
Your rights in connection with personal data:
Under certain circumstances, by law you have the right to:
- 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 information we hold about you corrected.
- 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 exercised your right to object to processing (see below).
- 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.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the DPM in writing.
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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances, as permitted by the GDPR.
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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
What are your rights to withdraw consent to processing?
Where you may have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, use our unsubscribe buttons, or contact the DPM. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
10. Using our Sites
The Sites may contain links to other websites where information practices may be different to ours. For example, if you click on a link, this may take you off the Sites. In particular, our Sites have links to external sites which might offer a member discount, an external ticketing platform, and Brit Award merchandise is sold through an external site.
Visitors should consult the privacy policies of the websites they are taken to for further details, as we are not responsible for and have no control over information that is submitted to, or collected by, these third parties.
Our Sites have security installed to ensure that any personal data entered onto the Site is protected against loss, misuse or alteration. However, due to the nature of the Internet, we can't guarantee the protection of your personal information and we can't be responsible for any outcomes resulting from a breach of security when the Site is used. We're confident in our security, and it is always a top priority to ensure we do not get any problems.
We have put in place measures to protect the security of your information. Details of these measures are available upon request but in brief, we secure the storage of your data on our servers, and restrict access to only those employees, agents, contractors and other third parties who have a business need to know. 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.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
BPI is not obliged to appoint a statutory data protection officer, but has appointed an internal Data Protection Manager (“DPM”). For any queries, please contact:
Data Protection Manager, BPI, County Hall, Westminster Bridge Road, London, SE1 7JA
Email: [email protected]
Telephone: +44 (0)20 7803 1300
The DPM is responsible for overseeing compliance with this privacy notice and for handling any data protection queries or issues involving BPI. You should contact the DPM in the first instance about any issue involving data protection, whether it involves your data or anyone else’s.