Privacy Notice

We are committed to safeguarding your privacy. In this Privacy Notice we explain how we will handle and use your personal information.

Last updated 31 October 2023

Introduction

We are committed to safeguarding your privacy. In this Privacy Notice we explain how we will handle and use your personal information.

To help clarify some of the wording, a ‘Definitions’ Section is located at the bottom of this Privacy Notice.

For the purposes of Data Protection Laws, Creative Scotland (CS) will be the controller of your personal information and will comply with the Data Protection Laws when handling and using your personal information.

What personal information do we collect about you?

What are our purposes for processing your personal information?

What is our legal basis for handling and using your personal information?

How long will we keep your personal information?

 

Board and Sub-Committee Minutes – when you attend a Creative Scotland Board or Sub-Committee meeting, we may process your personal information including your:

  • Name
  • Job role
  • Organisation where you work
  • To record meeting attendees in Board and Sub Committee meeting minutes
  • To publish minutes of Board and Sub Committee meetings on our websites e.g. Creative Scotland’s website and other social media platforms, such as Twitter

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

In perpetuity as Board and Sub-Committee papers are permanently preserved.

Case Studies – we may process the following personal information to develop and publish case studies on our websites and handle enquiries:

  • your contact information which will include your name, telephone number and email address
  • personal information within case studies which may include your photo(s), video(s), interviews, audio file(s) e.g. song

 

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Case Studies - CS will retain and publish case studies for up to 5 years. 

Creative Practitioners – applicable to the Creative Wellbeing Fund which Creative Scotland and Education Scotland are collaborating on together to deliver.

We may collect, store and use the following kinds of personal information that you provide to register your expression of interest in response to Creative Scotland’s call-out for a Creative Practitioner:

  • Name
  • Email address
  • Contact number
  • Postal address
  • Job title and role

Share your contact information with Education Scotland

Invite you to attend and participate in related project events

Please read Education Scotlands’ Privacy Notice to see how Education Scotland will handle and use your personal information.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010 3 years

Customer Relationship Management (CRM)

We will store your personal information in our CRM system when you:

  • create an account e.g. Funding, Locations
  • register to receive newsletters
  • have a working relationship with Creative Scotland e.g. you are a stakeholder or Sector contact

This may include your:

  • Name
  • Email address
  • Contact number
  • Postal address
  • To keep in contact with you
  • To support the provision of a service(s) from Creative Scotland e.g. funding
  • To retain a record of our relationship with you
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Funding contact information – see the following Funding Section for retention arrangements.

Locations contact information - we will retain this for as long as you wish to remain in touch with us.

Newsletters - if you no longer wish to remain in touch you can unsubscribe or contact us and request the removal of your personal information.

CRM communications – 3 years.

We will email you every 3 years to help remind you to keep your contact information up to date.

Delegate pass – when you apply for a delegate pass we may process personal information contained in your application which may include your:

  • Name
  • Email address
  • Contact number
  • Job title
  • Company name
  • Company postal address

 

 

Provision of a delegate pass to attend markets / festivals / events.

Contact you about future activity, which may include funding opportunities, business and market activity and relevant events.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010


Consent under article 6(1)(a) of the UK GDPR. You have given your consent to the processing of your personal information for the specified purpose.

Up to 2 years for successful and unsuccessful applications.

If you opted for us to contact you about future activity, which may include funding opportunities, business and market activity and relevant screen events, Creative Scotland will retain your personal information for as long as you wish to continue to receive information from us.

If you no longer wish to receive information from us you can unsubscribe at any time or contact us and request the removal of your personal information

Enquiries, feedback and / or complaints - we may process personal information, including your name and contact details, that you provide to us in the course of making an enquiry, submitting a data protection rights request, giving feedback or making a complaint either by letter, telephone, via our website or by email.

To handle and respond to any enquiries, information requests, data protection rights requests, feedback and/or complaints made by you.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Legal Obligation – processing is necessary for compliance with a legal obligation - to comply with a common law or statutory obligation e.g. to comply with data protection laws.

Up to 5 years

Events - we may collect, store and use the following kinds of personal information that you provide to register for an event, to complete feedback/evaluation forms or by other means such as in an email or over the  telephone when you enquire  about an event or otherwise communicate with us:

  • your title, name, full postal address, email address, telephone contact details;
  • your job title and role;
  • for certain events we may collect your image, audio and likeness (as captured on a webinar, in photographs, via streaming or film recordings made of the event);
  • dietary needs;
  • accessibility requirements; and
  • records of communications sent to you by us or that we receive from you in relation to an event you will attend/have attended e.g. feedback / evaluation forms

Our purpose for collecting this information is so we can facilitate the event and provide you with an acceptable service. We will handle and use your personal information for the following purposes:

  • to reserve a place for you at the event(s) you would like to attend;
  • to provide you with information about the event(s) for which you have registered, that includes event updates, and possible changes, cancellation or similar information;
  • filming, photographing or otherwise recording events and publishing such content on our website, social media accounts and other formats;
  • to invite you to attend related events in the future;
  • to provide you with information about accessibility, transportation, parking, etc. that may impact on your attendance to the event;
  • to develop our events based on your feedback;
  • to fulfil and monitor our legal  responsibilities, for example, under health and safety legislation; and
  • to obtain legal advice and to protect our legal rights if you make a claim against us arising from the event.

Contract – we need to use your personal information to perform a contract with you, including taking steps to enter into a contract with you e.g. access to an event

Consent under article 6(1)(a) of the UK GDPR. You have given your consent to the processing of your personal information for the specified purpose. When we collect any information about dietary or access requirements we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data.

Up to 5 years

Funding – when you apply for funding we may process personal information contained in your funding application, supporting information and Creative Scotland’s reports e.g. End of Project Report which may include your:

  • Name
  • Contact information which may include email address, phone number, postal address
  • Equalities monitoring information which may include your gender, ethnicity, disability, and sexual orientation
  • Supporting application information which may identify you e.g. photograph
  • CV (if applicable)
  • Banking information for successful applicants e.g. account number. See our Banking Details page for more information
  • Electronic signature for successful applicants e.g. contained in the Funding Agreement between Creative Scotland and the successful funding applicant

Creative Scotland’s purposes of processing a Funding Applicant’s personal information may include:

  • assessing the Funding Applicant’s application for funding;
  • entering into a funding agreement with successful applicants;
  • applying to Creative Scotland’s Locked-Box Scheme - applicable to Screen Scotland funding application process
  • assessing and evaluating funding projects e.g. monitoring reports, End of Project Report;
  • working with a third party(s) with specific sector expertise (with whom Creative Scotland will enter into a contract) to participate as a panel member in funding application assessment panel meetings;working with a third party(s) with specific sector expertise (with whom Creative Scotland will enter into a contract) to assess your funding application;
  • working with an independent research agency (with whom Creative Scotland will enter into a contract), to undertake research and create an evaluation and statistical report relating to the programme / project and/or impact of the programme / project;
  • working with an independent research agency (with whom Creative Scotland will enter into a contract) to undertake research and evaluation of the application process e.g. to make improvements;
  • helping us create anonymous statistical reports to identify and support under-represented groups, equal opportunities and prevent discrimination;
  • maintaining contact with respective local authorities and partner organisation(s) in local authority areas - applicable to the Visual Artist and Craft Maker Awards (VACMA) only;
  • to participate as an observer in assessment panel meetings - applicable to VACMA only;
  • requesting anonymised statistical reports regarding VACMA funding applications processed by the local authority and partner organisation(s) in local authority areas e.g. number of applications received, equalities data (anonymised) for research purposes;
  • publishing reports provided to Creative Scotland by an external research agency;
  • publishing a contacts list containing the name and email address of the Funding Applicant’s point of contact and the Funding Applicant’s name –applicable to the YMI Formula Fund only;
  • developing case studies for publication – see Case Studies section of this Privacy Notice;
  • publishing information regarding the award made to the Funding Applicant on Creative Scotland’s website and more widely for transparency and accountability purposes;
  • inviting the Funding Applicant to participate in promoting, featuring and publicising the programme/project;
  • inviting the Funding Applicant to participate in sector related development programmes;
  • inviting the Funding Applicant to attend related cultural events; and
  • responding to requests for information received by Creative Scotland from the media otherwise than under Access to Information Laws.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Contract – we need to use your personal information to perform a contract with you, including taking steps to enter into a contract with you;

Successful applications - 7 years

Unsuccessful applications – 5 years

Withdrawn applications – 1 year

Ineligible applications – 1 year

 

Glow access – to facilitate Glow access for Film Education Practitioners, we will process the following personal information:

  • Name
  • Email address
  • Contact number
  • Postal address
  • Date of birth
  • Driving Licence / Passport (for ID purposes)
  • Protecting Vulnerable Groups (PVG) Scheme information
  • Job role
  • Employment / work history

The information that you provide to us is required in order for us to facilitate your access to Glow and will include:

  • Verifying your identity
  • Verifying your work history
  • Confirming you have an up-to-date membership of PVG Scheme
  • Sending you Glow Guidance
  • Providing you with a Glow email address
  • Responding to your enquiries
  • Responding to complaints (such as gathering evidence in relation to any complaints made by or about you; dealing with any legal disputes involving you)
  • Determining your continued access to Glow
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

For the length of time you are provided with access to Glow.

5 years - following the removal of your access to Glow.
 

Guest Wi-Fi - if you choose to log in to our Guest Wi-Fi service, we will process some of your personal information in order for you to access and use this service. We will process device and connection information for this purpose, including:

  • MAC address — a device's unique hardware number
  • IP address — unique address that identifies a device on the internet
  • Client Hostname — the name assigned to a device

Provide access to our Guest Wi-Fi service

Contract – we need to use your personal information to perform a contract with you, including taking steps to enter into a contract with you e.g. provision of access to our guest Wi-Fi service

21 days following which it is removed from our system

Local Authorities and Arms-Length External Organisations (ALEO) Cultural Services Representatives – following our communication with you,we may share your contact information with third parties e.g. external research organisation via contract / data sharing agreement:

  • Name
  • Email address
  • Contact number
  • Job title
  • Company name

To work with an external research organisation to undertake research and create an evaluation and/or statistical report relating to a project and/or impact of a project. This may include the research organisation undertaking:

  • Research surveys
  • Interviews
  • Conducting case studies
  • To publish reports and/or case studies provided to Creative Scotland by an external research organisation.
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010; We will retain any reporting information provided to us from the research organisation which may include reports, case studies, research surveys, statistical analysis etc for up to 3 years.

Mailing lists and Creative Scotlands’ use of Mailchimp

We may use the following information that you provide to us including your:

  • name
  • email address
  • job title

For Screen Scotland’s Crew Mailing List, in addition to your contact information, we will process your special category data, if you choose to provide this to us.

To provide sector specific information you have registered to receive e.g. Youth Music Initiative updates, Film/TV Crew opportunities and/or updates (you can unsubscribe at any time if you no longer wish to receive this information)

To send you our newsletter, if you have requested it, which will include latest news, funding announcements, events and other information (you can unsubscribe at any time if you no longer wish to receive this information)

Mailchimp information

When you subscribe to one of our newsletters, a contact profile is created in Mailchimp. This provides detail on your interactions with our newsletters, for example, what newsletters you have been sent, which editions you have and have not opened, and how frequently you click on links contained in the newsletters you read.

We can also see data that shows us more general statistics around your interaction with the newsletters, for example, how many total opens a newsletter received, and which links were clicked the most.

We use this data to understand more about our subscribers’ needs from our newsletters, so that we can tailor our content to be the most relevant and useful it can be. We also use this data to create sub-sets of the overall subscriber list, for example, a group of those who have not opened a newsletter in a year or more, so we can archive them from the system.

Consent - under article 6(1)(a) of the UK GDPR by providing any personal information to us when communicating through the website services e.g. registering to receive our newsletter you give your consent for us to handle and use your personal information for the specified purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws.

For Screen Scotland’s Crew Mailing List, we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data

We keep mailing list personal information for as long as you wish to continue to receive information from us.

If you no longer wish to receive information from us you can unsubscribe at any time or contact us and request the removal of your personal information.

We hope you continue to enjoy receiving the information we send you. However, if you have not accessed any of our emails for a period of one year, we will remove your details from our mailing list.

Media Permission Form – if you complete and submit a Media Permission Form, we may process your personal information including your:

  • Name
  • Email address
  • Telephone number
  • Signature
  • Organisation you work for

To contact you regarding the piece(s) of media you've sent us (photo, video, audio).

To use as proof that the piece(s) of media were provided to us in good faith.

To publish and promote information about you and your work through our communications channels.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010 

5 years

MS Teams Guest – should you receive an invitation to join a Creative Scotland MS Team / MS Teams meeting we may process your personal information which may include your:

  • Name
  • Contact information, which may include your email address
  • Job title
  • Organisation you work for

 

To invite you to join a Creative Scotland MS Team / MS Teams meeting for collaboration purposes which may include:

  • Attending virtual meetings
  • Audio calls
  • One to one and / or group conversations using the chat facility
  • Sharing documents / work (e.g. files, presentations)

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

3 years following the deletion of the MS Team.

Online Funding Account – when you register with Creative Scotland we may process your personal information including your:

  • Name
  • Postal Address
  • Email Address

 

To create an online account to enable you to apply for funding.

To create you as a contact in our Customer Relationship Management System – see above Customer Relationship Management Section.

During COVID19 lockdown period, the provision of a Unique Reference Number for you to provide with your funding application to one of the partner organisations that assisted Creative Scotland to deliver the Hardship Fund for Creative Freelancers.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

An online account will be deleted after 2 years of inactivity.

You may request the removal of your online account at any time.

For any submitted funding applications, retention arrangements specified in the ‘Funding’ Section of this Privacy Notice will apply

Online Recruitment Account – when you register with Creative Scotland we may process your personal information including your:

  • name, email address and telephone number;
  • details of your qualifications, skills, experience and employment history;
  • information about your current level of remuneration, including benefit entitlements;
  • whether or not you have a disability for which Creative Scotland needs to make reasonable adjustments during the recruitment process; and
  • information about your entitlement to work in the UK.

Creative Scotland will use your personal information, and any supporting information that you provide, as part of the recruitment process to fully assess your application.

Creative Scotland will use this to make decisions on whether to invite you to an interview and make you an offer of employment to you.

Creative Scotland will not share your personal information with third parties, unless your application for employment is successful and we make an offer of employment to you. As part of this, we will then share your personal information with your former employers to obtain references about you.

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;

System development and enhancement;

Record management arrangements;

Processing personal information received / obtained from a third party source e.g. mailing list information; and

Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Legal Obligation – processing is necessary for compliance with a legal obligation - to comply with a common law or statutory obligation e.g. to check a successful applicant's eligibility to work in the UK before employment starts

Creative Scotland will retain an unsuccessful, withdrawn or ineligible application (including any supporting information) for a period of 6 months after the end of the recruitment process. Following the expiry of this timescale, the said information will be disposed of securely.

Our Voices – when you apply to this programme we will process personal information contained in your application, any supporting information and Creative Scotland’s reports e.g. End of Project Report which may include your:

  • Name
  • Email address
  • Phone number
  • Postal address
  • Supporting application information which may identify you e.g. photograph (if applicable)
  • Electronic signature for successful applicants e.g. contained in the Agreement between Creative Scotland and the successful applicant (if applicable)

Creative Scotland’s purposes of processing an Our Voices Programme Applicant’s personal information may include:

  • assessing the Applicant’s Our Voices application;
  • entering into an agreement with successful Programme Applicants;
  • assess and evaluate programme projects e.g. monitoring reports, End of Project Report;
  • working with a third party(s) with specific sector expertise (with whom Creative Scotland will enter into a contract) to participate as a panel member in programme application assessment panel meetings;
  • working with a third party(s) with specific sector expertise (with whom Creative Scotland will enter into a contract) to assess your Our Voices application;
  • working with an independent research agency (with whom Creative Scotland will enter into a contract), to undertake research and create an evaluation and statistical report relating to the programme / project and/or impact of the programme / project;
  • undertaking research and evaluation of the application process e.g. to make improvements;
  • publishing reports provided to Creative Scotland by an external research agency;
  • publishing information regarding your Our Voices Programme Project on Creative Scotland’s website and social media;
  • inviting the Programme Applicant to participate in promoting, featuring and publicising the programme / project;
  • inviting the Programme Applicant to attend related cultural events; and
  • responding to requests for information received by Creative Scotland from the media otherwise than under Access to Information Laws.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

3 years from the end of the programme

ThirdLight - we may process the following media related personal information about you:

  • Name
  • Photo(s)
  • Video footage e.g. interviews
  • Audio file(s) e.g. song / podcast

ThirdLight is a digital solution Creative Scotland uses to store, manage and share digital media.

On ThirdLight, Creative Scotland may use your personal information to:

  • Facilitate your inclusion in a case study on its website and  social media platforms such as Twitter
  • Store and categorise media files for future use
  • Share a media file that is being used to promote a fund or activity with a partner organisation
  • Handle and respond to any enquiries, freedom of information requests, data protection rights requests, feedback and/or complaints made by you.

Consent under article 6(1)(a) of the UK GDPR. You have given your consent to the processing of your personal information for the specified purpose. When we collect any information about dietary or access requirements we also need your consent (under article 9(2)(a)) as this type of information is classed as special category data

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

3 years
Visitors to our office - we collect and process personal information, e.g. name and contact details, when you need to access our non-public spaces (for example, our office spaces) as a visitor.
  • To record your visit to Creative Scotland’s office for building safety purposes
  • For the purposes of preventing, managing or responding to emergencies

Legal Obligation – processing is necessary for compliance with a legal obligation - to comply with a common law or statutory obligation e.g. to comply with health and safety laws

Vital Interests - protection of your vital interests e.g. to obtain emergency medical assistance in the case of an accident involving you

6 months

Website user - information about your computer and about your visits to and use of this website, including:

  • IP address
  • browser type and version
  • operating system
  • referral source
  • length of visit
  • page views
  • how you navigate our website.

For more information, see our Cookies webpage.

Information you provide to us when using the above services on our website, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use; and

Information contained in or relating to any communication that you send to us or send through our website including the communication content and metadata associated with the communication.

  • To administer our website and carry out our functions as a Scottish public authority
  • To personalise your experience of using our website
  • To allow you to use the services available on our website
  • To keep our website secure and prevent fraud

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Consent - under article 6(1)(a) of the UK GDPR by providing any personal information to us when communicating through the website services e.g. registering to receive our newsletter and/or accepting cookies, you give your consent for us to handle and use your personal information for the specified purposes. Your consent will be our legal reason for the purposes of complying with the Data Protection Laws

2 years

 

Who do we share your personal information with?

We may share your personal information for the above purposes with organisations that we regularly collaborate with, stakeholders and operational contacts.

These include:

  • Scottish Government and National Lottery
  • insurers
  • professional advisers
  • Film/TV production companies
  • external assessors
  • third party funding organisations
  • previous employers where it relates to recruitment
  • agents, suppliers or subcontractors

We may also share your personal information:

  • Where the law requires us to;
  • For any court proceedings in which we are involved;
  • To protect our legal rights;
  • For the purposes of fraud prevention; and
  • To obtain emergency medical assistance in the case of an accident involving you.

 

What personal information do we receive and process from other sources? What are our purposes for processing your personal information? What is our legal basis for handling and using your personal information?

How long will we keep your personal information?

 

Awards for All – if you have applied to the Awards for All fund, we may receive and process contact information from the National Lottery Community Fund, which may include your:

  • name
  • email address
  • telephone number
  • Creative Scotland’s review and decision-making process of applications received
  • So that Creative Scotland’s Media Relations staff may contact you for press/PR purposes
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Successful applications - 7 years

Unsuccessful applications – 5 years
 

Case Studies – if you have participated in a Creative Scotland funded project, we may receive and process the following personal information from a third party, such as a local authority, to develop and publish a case study regarding your experience and the impact of your participation in the project:

  • your contact information, which will include your name, telephone number and email address
  • personal information within case studies which may include your photo(s), video (s), interviews, audio file(s) e.g. song/podcast
  • To contact you by telephone or email regarding a case study
  • To publish and promote information about you and your case study on our websites e.g. , the Our Creative Voice website, the Culture Collective website and our social media platforms, such as Twitter
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

Case Studies - CS will retain and publish case studies for up to 5 years.
 

Crowdfunder - if you enter the Creative Scotland Crowdmatch Competition, we will receive your contact information from Crowdfunder. If your application is successful, we will have access, through the Crowdfunder website, to content used for your project which may include photos, videos and written pitch.

  • To contact you by telephone or email regarding your Creative Scotland Crowdmatch campaign.
  • To promote information about you and your Creative Scotland Crowdmatch campaign on Creative Scotland’s website and social media accounts e.g. Twitter.

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

  • Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
  • System development and enhancement;
  • Record management arrangements;
  • Processing personal information received / obtained from a third party source e.g. mailing list information; and
  • Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.
3 years

Edinburgh Film Office – if you have registered to be included in the Edinburgh Film Office’s Production Guide, your contact information is published via the Edinburgh Film Office website. We may access your contact information and add this to our Crew mailing list.

 

 

  • We may contact you with production opportunities.
  • We may share your contact information with production companies for work opportunities purposes.

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

  • Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
  • System development and enhancement;
  • Record management arrangements;
  • Processing personal information received / obtained from a third party source e.g. mailing list information; and
  • Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

We keep mailing list personal information for as long as you wish to continue to receive information from us.

If you no longer wish to receive information from us you can unsubscribe at any time or contact us and request the removal of your personal information.

Edinburgh Innovations Ltd (Edinburgh University) – if you participate in a moving image mapping related survey/interview and choose to engage with Creative Scotland, will be provided with your contact information which may include your:

  • Name
  • Email address
  • Name of organisation
  • Contact purposes which may include offering screen related opportunities, collaboration, funding and sector promotion
  • To retain a record of our relationship with you in our Customer Relationship Management system (CRM) e.g. CRM communications
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

We will retain your contact information for as long as you wish to remain in touch with us.

We will email you every 3 years to help remind you to keep your contact information up to date.

If you no longer wish to remain in touch you can contact us and request the removal of your personal information.

Education Scotland – if you apply to the Creative Wellbeing or National Creative Learning Network Funds, Creative Scotland will be provided with your funding application as we are collaborating with Education Scotland on the delivery of these two funds.

  • Assessment purposes
  • To participate in funding assessment panel meetings with Education Scotland
  • To invite you to attend a funding related event

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010;

Successful applications - 7 years

Unsuccessful applications – 5 years
 

FindBusinessSupport - if you submit an enquiry through FindBusinessSupport relating to one of the funds that we provide, we will receive a copy of your enquiry from FindBusinessSupport in order to respond.

 To respond to your enquiry. Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

3 years

Film and TV Charity - to avoid duplication of funding, Film and TV Charity may share some of your funding application information for comparison purposes (including your name, email address, type of fund applied to and funding amount requested). We will become a controller of your personal information when we receive it.

  • Ensuring appropriate use of public funding
  • Monitoring the reach of a fund
  • Reducing fraud risks
  • Avoiding duplication
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

3 years

Gavin Wallace Fellowship – if you apply to become a Writing Fellow, we will be provided with your application which may include your:

  • Name
  • Contact information which may include email address, phone number, postal address
  • Supporting application information which may identify you e.g. photograph
  • CV (if applicable)
  • Banking information for successful applicants e.g. account number.

To support the host organisation in the: 

  • application shortlisting process 
  • interview panel  
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010 7 years 

HR Support Action Research Project – if you have applied to the Scottish Council for Voluntary Organisations, we will receive a copy of your application which will include the following personal information:

  • Name
  • Email address
  • Telephone number
  • To assess applications
  • To participate in assessment panel meetings
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010  7 years

Mailing lists - we may process your personal information obtained from your organisation’s website or from our own contact with you:

  • Name
  • Job Title
  • Organisation
  • Email address
  • Phone number
  • To provide / gather information relating to the Arts, Screen and Creative Industries e.g. contact theatre / dance venues to discuss Touring Fund programmed work
  • To create and maintain working relationships
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

We keep mailing list personal information for as long as you wish to continue to maintain a relationship with us and/or receive information from us.

If you no longer wish to hear from us, you can either unsubscribe or contact us and request the removal of your personal information.

Other Organisations / Programmes – the following organisations / programmes may share with Creative Scotland funding related information provided to you:

  • BECTU
  • Crafts Council / Craft Scotland
  • Creative Digital Initiative
  • Help Musicians
  • Society of Authors
  • Visual Arts Scotland
  • Ensuring appropriate use of public funding
  • Monitoring the reach of a fund
  • Reducing fraud risks
  • Avoiding duplication
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

3 years

Our Creative Voice – we may receive personal information about proposed candidates for a case study from a third-party source. This may include your contact information, which will include your:

  • name
  • telephone number
  • email address

Following Creative Scotland making contact with you, we may process the following:

  • personal information within case studies which may include your photo(s), video (s), interviews, audio file(s) e.g. song/podcast
  • website visitor - if you choose to accept cookies, we will collect information about your computer and about your visits to and use of this website including your IP address, and analytics data, such as browser type and version, operating system, referral source, length of visit, page views and how you navigate our website. For more information, see our Cookies webpage.
  • To contact you by telephone or email regarding a case study;
  • To publish and promote information about you and your case study on www.ourcreativevoice.scot and other social media platforms e.g. Twitter;
  • To handle and respond to any enquiries, freedom of information requests, data protection rights requests, feedback and/or complaints made by you;
  • To administer our website and carry out our functions as a Scottish public authority;
  • To personalise your experience of using our website;
  • To allow you to use the services available on our website; and
  • To keep our website secure and prevent fraud.
Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010

Case Studies - We will retain and publish case studies for up to 5 years.

If you choose to withdraw your consent, we will remove your case study from the website and permanently delete it.

Enquiries – 3 years

Website user – 2 years

Photo(s), video(s), interviews, audio file(s) e.g. song/podcast which may identify you.

To publish and promote information about you through our communications, such as in press releases, on our websites like Creative Scotland’s website and the Our Creative Voice website, and social media platforms, like Twitter or Instagram.

Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010  5 years

Press contacts – we may process your personal information obtained from your organisation’s website or from our own contact with you:

  • Name
  • Job Title
  • Organisation
  • Email address
  • Phone number
  • To publish your contact information on Creative Scotland’s website
  • To help provide Creative Scotland’s funding applicants easy access to relevant press contacts to discuss and help promote their projects

Legitimate Interest(s) – a legitimate interest is when we, or a third party on our behalf, has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, including:

  • Information, system, network and cyber security purposes, including the monitoring and protection of our IT systems;
  • System development and enhancement;
  • Record management arrangements;
  • Processing personal information received /obtained from a third party source e.g. mailing list information; and
  • Ensuring we are able to keep up to date with our contacts and their requirements including, where relevant, developments in their organisations.

Indefinitely.

If you no longer wish for CS to retain and use your personal information you can contact us and request the removal of this.
 

Special Category Data – a funding applicant may reveal one or more of the following special category data relating an individual(s) when responding to funding application questions:

  • Racial or ethnic origin
  • Political opinions
  • Religious or philosophical beliefs
  • Trade union membership
  • Genetic data, biometric dataHealth
  • Sex life
  • Sexual orientation
Statistical and aggregated reporting purposes   Public Function - in the performance of tasks carried out in the public interest or in the exercise of Creative Scotland’s official authority as Controller including under the Public Services Reform (Scotland) Act 2010 

Successful applications - 7 years 

 

Unsuccessful applications – 5 years 

 

Withdrawn applications – 1 year 

 

Ineligible applications – 1 year 

 

 

Who do we share your personal information with?

We may share your personal information for the above purposes with organisations that we regularly collaborate with, stakeholders and operational contacts.

These include:

  • Scottish Government and National Lottery
  • insurers
  • professional advisers
  • Film/TV production companies
  • external assessors
  • third party funding organisations
  • previous employers where it relates to recruitment,
  • agents, suppliers or subcontractors

We may also share your personal information:

  • Where the law requires us to;
  • For any court proceedings in which we are involved;
  • To protect our legal rights;
  • For the purposes of fraud prevention; and
  • To obtain emergency medical assistance in the case of an accident involving you.

What about IP Addresses and Cookies?

To find out how we handle and use IP addresses and cookies, please visit our Cookies page.

Do we send your personal information outside the United Kingdom?

We will comply with Data Protection Laws if handling and using your personal information in accordance with this Privacy Notice requires us to transfer your personal information to organisations in countries outside the United Kingdom.

Where your personal information is transferred outwith the United Kingdom, we will provide you with information regarding the safeguards that we have put in place with the recipient country to protect your personal information.

Enquiries, feedback and/or complaints - we sometimes use services provided by Microsoft's cloud-based Office 365 tools for gathering enquiries, feedback and complaints. This includes email and online forms. Information submitted by email or managed electronically, for example through online forms, are processed within Microsoft Office 365. Data that is processed in Microsoft Office 365 may be transferred outside of the United Kingdom to the United States of America. Microsoft Corporation is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

Wi-Fi service – we use a third-party provider to provide our Wi-Fi service. The third-party provider is registered in the United States of America and your personal data may be transferred there. The third-party provider is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

Mailing lists – we use a third-party provider to support our email, marketing and customer engagement service to deliver communications and Sector related information e.g. our newsletter. The third-party provider is registered in the United States of America and your personal data may be transferred there. The third-party provider is compliant with the EU-US Privacy Shield Framework which provides a mechanism to comply with Data Protection requirements when transferring data.

What will happen if you do not provide the information we require?

We may not be able to communicate with you or provide you with any of our services e.g. provision of a funding application service, provision of a recruitment application service.

It may be obligatory for you to supply us with your personal information e.g. visitor information. If you do not supply your personal information for this purpose, it may be that we are unable to ensure safety and security or manage incidents or emergencies. We may also be unable to allow you to access our non-public spaces as a visitor or contractor.

How will we keep your personal information secure?

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information and will store your personal information on secure servers.

Please be aware that sending information over the internet is inherently insecure, and we cannot guarantee the security of your personal information if you send it to us over the internet.

What rights do you have in relation to the personal information that we handle and use about you?

You have the right to:

Be informed about the collection and use of your personal data e.g. this Privacy Notice. This is a key transparency requirement under the UK GDPR;

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. This right always applies, although there are some exemptions which means you may not always receive all the information we process. You can request access to your personal data by contacting our Data Protection Officer (contact details are provided below);

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. This right always applies;

Request erasure of your personal data. This enables you to ask us to delete or remove personal data in certain circumstances. 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 the process forms part of our public task 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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.

You can read more about your individual rights on the Information Commissioner’s Website.

No fee usually required

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.

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 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.

Psychometric testing

Some Creative Scotland job vacancies may involve psychometric testing of applicants as part of the recruitment process. Creative Scotland does not base its recruitment decisions solely on the results of such testing.  This testing does not therefore constitute automated decision-making for the purposes of Data Protection Laws.

Information about other individuals

If you provide Creative Scotland with content, materials, information that contains personally identifiable information about other individuals, you must comply with Data Protection Laws when providing their personal information to Creative Scotland. Please ensure you share this Privacy Notice with the respective individual(s).

What about links to third party websites?

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of such third parties.

Changes to this Privacy Notice

Any changes we may make to this Privacy Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. The date last updated should be visible at the top of this Privacy Notice.

If you have any concerns with how we have handled and used your personal information, you should contact our Data Protection Officer in the first instance, as we would welcome the opportunity to work with you to resolve any complaint

The contact details for our Data Protection Officer are as follows:

Data Protection Officer
Creative Scotland
2-4 Waterloo Place
Edinburgh
EH1 3EG

Telephone: 0330 333 2000

Email: [email protected]

If you are still dissatisfied, you can submit a complaint to the Information Commissioners Office (ICO) either by telephone or by completing an online form. The ICO’s contact details are as follows:

Telephone: 0303 123 1113

Website link: https://ico.org.uk/concerns

Definitions
 

We, Us, Our

Creative Scotland

You, Your, Yourself

means the living individual who the personal information is about

Special Category Data

means the following personal data that needs more protection because it is sensitive:
- Racial or ethnic origin
- Political opinions
- Religious or philosophical beliefs
- Trade union membership
- Genetic data
- Biometric data
- Health
- A person’s sex life
- A person’s sexual orientation

Access to Information Laws

includes the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 and any legislation supplementary thereto introduced in Scotland

Data Protection Laws

means the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (EU GDPR) as it forms part of the domestic law of the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the “UK GDPR”); together with the Data Protection Act 2018 and any other national legislation intended to enact, implement or supplement the UK GDPR (or any part thereof); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”) and, from the date of its becoming applicable, any legislation intended to replace the PECR and all applicable laws and regulations relating to the privacy, protection or processing of personal data, including where applicable guidance and codes of practice issued by the ICO and, as applicable, the equivalent of any of the foregoing in any relevant jurisdiction

Controller

determines how and why personal information is handled and used

Personal Information

means information relating to a living individual who can be identified