Upside Studio Ltd – Privacy Notice

Upside Studio Ltd (“us”, or “we”) are the “data controller” in respect of your personal information. This privacy notice sets out the basis on which any of your personal information we collect from you or third parties, or that you provide to us, will be processed by us. 

Please read the following carefully to understand our practices regarding your personal information and how it will be treated.

How and When We Collect Personal Information About You

We collect and process personal information when you

• visit our website (including signing up to newsletters);
• attend our events and focus groups;
• contact our customer service centres or request information from us in any other way;
• participate in our surveys or other market research; and
• communicate with us via social networking websites, third party apps or similar technologies.

What Personal Information Do We Collect About You

We may collect and process the following personal information about you:

Submitted Information

We may collect and process the following personal information about you which you provide to us: 

• contact details (such as your name, address, email address and telephone number);
• demographic information (such as age and/or other information that may identify you as an individual); 
• responses to any customer satisfaction surveys or market research (unless these are provided anonymously); and
• your marketing preferences.

Additional information

We may collect data regarding your attendance at our events/focus groups.

If you contact us with a complaint or query, we may keep a record of any phone number used to call us as well as the correspondence and the period of time it took for us to deal with a query or any request you had. We may also record your levels of satisfaction with the services we have provided.

When you visit our website, we may also collect information from you automatically, for example using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device. This type of information may include the following:

• information about your device, operating system and IP address;
• your login information;
• browser type and version;
• information about your visit, including URL, clickstream (i.e. your journey to, through and from our site), length of visits to certain pages, and page interaction information.

The cookies we use fall into the following categories : 

• Session cookies: These allow our site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
• Persistent cookies: These are stored on your device in between browser sessions. They allow your preferences or actions across the site to be remembered. These will remain on your device until they expire, or you delete them from your cache.
• Strictly necessary cookies: These cookies are essential for you to be able to navigate the site and use its features. Without these cookies, the services you have asked for could not be provided.
• Performance cookies: These cookies collect information about how you use our site, e.g. which pages you go to most often.
• Functionality cookies: These cookies allow the site to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features.

If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org). Please note that, if you do set your Internet browser to reject cookies or otherwise withdraw your consent in relation to cookies, you may not be able to access all of the functions of the site.

Purposes for Processing Your Personal Information

We may process your personal information for the following purposes:

• to provide you with the information you have requested and send you marketing and advertising materials;
• for customer relation management purposes and to develop our business relationship with you;
• for system administration purposes and for operations, including internal troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to distinguish you from other users;
• to monitor your use of our website to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
• to provide customer support and ensure we provide a good level of customer service;
• to tailor any marketing or advertising so that it is more relevant to you;
• to notify you of any changes to our services;
• for security and fraud prevention;
• to ensure that our website is safe and secure; and
• to comply with applicable laws and regulations.

Legal Basis for Processing Your Personal Information

We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following: 

• Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
• Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as a strategy and innovation consultancy who help businesses to develop positive impact brands, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brand.
• Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a product from us and we need to use your contact details and payment information in order to process your order and send the product to you.
• Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.

WHERE WE STORE YOUR PERSONAL INFORMATION

The personal information that we collect may be transferred to, and stored at, a destination outside the EEA or the UK, including countries, which have less strict, or no data protection laws, when compared to those in the EEA or the UK. 

Whenever we transfer your information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this privacy notice. In these cases, we rely on approved data transfer mechanisms (such as standard contractual clauses) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the UK or the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances. 

How We Keep Your Personal Information

We take steps to ensure that the personal information that you provide is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim. 

Where we have collected the personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal information. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

Disclosing Your Information

We may share your personal information with our suppliers, business partners and service providers, where they are helping us to market and advertise our services as well as providing our services to you. 

We may disclose your personal information to other third parties in the following cases:

• for the purposes of research, evaluation, and analysis;
• in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets;
• if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers and visitors to our websites will be one of the transferred assets;
• if we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request; or to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

Your Rights

You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information.

We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.

You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns. 

Changes to This Privacy Notice

We may change this privacy notice at any time. The new privacy notice will be displayed on our website. The date this privacy noticed was last updated appears at the bottom.

Contact Us

Questions and comments regarding this privacy notice should be sent to: hello@theupside.net