KALLAWAY Ltd PRIVACY NOTICE
ABOUT THIS NOTICE
KALLAWAY Ltd is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you in accordance with data protection law. Please read it carefully.
Data protection law says that the personal information we hold about you must be:
• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we have told you about.
• Kept securely
If you have any questions about this notice or how we collect and use personal information about you please contact us.
1 INFORMATION ABOUT US
1.1 We are Kallaway Ltd. Our registered office is at 2 Portland Road, Holland Park, London W11 4LA and our registered company number is 1232560.
1.2 If you have any questions, our contact details are:
2 Portland Road, Holland Park, London W11 4LA
+44 (0)207 221 7883
2 CONTRACT INFORMATION AND OTHER CORRESPONDENCE
2.1 When you enter into a contract with us (or someone does so on your behalf) there will be personal information about you relating to that contract such as your name, contact details, contract details, delivery details, and correspondence with us about the contract.
2.2 We need certain information to carry out our contract with you and you must provide this in order to enter into a contract with us (or as required under that contract), if you do not, we may not be able to carry out our contract with you. Mandatory information fields are generally set out when you are entering into the contract, but in particular, you must provide the following information:
2.2.1 Your name and contact details.
2.2.2 Your delivery address.
2.2.3 Your payment details.
2.2.4 Information to verify your identity and other information for us to carry out anti money laundering checks.
2.3 Other correspondence or interaction (for example by email, telephone, post, SMS or via our website) between you and us, will include personal information (such as names and contact details) in that correspondence. This may include enquiries, reviews, follow-up comments or complaints lodged by or against you and disputes with you or your organisation. We may contact you if your details have been provided to us by a client as part of a case study, in relation to a query you have with or about one of our clients or otherwise as part of your relationship with one of our clients (the relevant client should have already informed you that we will be contacting you).
2.4 Client image library log. To download the client or campaign images we provide on our media centre on our website we may ask you to fill in a form that confirms you agree and understand to the correct usage of that image. So that we can check our records and provide information to copyright holders or other parties who accessed / downloaded the images we will keep this information for an indefinite period.
2.5 Call information. We may also collect details of phone numbers used to call our organisation and the date, time and duration of any calls. Please note that if we record your calls to or from us, we will inform you of this.
2.6 We will keep and use that information to carry out our contract with you (if applicable) or our clients, to comply with any legal requirements for us to maintain certain records or carry out certain verifications, and/or for our legitimate interests in dealing with a complaint or enquiry or case study and administering your (or your organisation’s) account or order and any services we offer, as well as to review and improve our offerings, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
2.7 Where your information relates to a contract, it is kept for a period of up to 7 years after your account is closed to enable us to deal with any after sales enquiries or claims and as required for tax purposes.
2.8 Where your information is contained in a press release we keep this indefinitely on the basis that it is already publicly available.
3.1 We may collect your name and contact details (such as your email address, phone number or address) in order to send you information about our products and services which you might be interested in. We may collect this directly from you, or through a third party. If a third party collected your name and contact details, they will only pass those details to us for marketing purposes if you have consented to them doing so.
3.2 You always have the right to “opt out” of receiving our marketing. You can exercise the right at any time by contacting us. If we send you any marketing emails, we will always provide an unsubscribe option to allow you to opt out of any further marketing emails. If you “opt-out” of our marketing materials you will be added to our suppression list to ensure we do not accidentally send you further marketing. Where you unsubscribe from any postal marketing, you may initially still receive some content which has already been printed or sent, but we will remove you from any future campaigns. We may still need to contact you administrative or operational purposes, but we will make sure that those communications don’t include direct marketing.
3.3 If you are an existing customer or are acting in a professional capacity as part of a company or LLP we use your contact details as necessary for our legitimate interests in marketing to you and maintaining a list of potential customers.
3.4 If you are not an existing customer, and are not acting in a professional capacity as part of a company or LLP, we will only send you direct email marketing if you have actively subscribed to our Kallaway newsletter.
3.5 We never share your name or contact details with third parties for marketing purposes unless we have your “opt-in” consent to share your details with a specific third party for them to send you marketing. We do use third party service providers to send out our marketing, but we only allow them to use that information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
3.6 We retain your details on our marketing list until you “opt-out” at which point we add you to our suppression list. We keep that suppression list indefinitely to comply with our legal obligations to ensure we don’t accidentally send you any more marketing.
3.7 When we send marketing emails to you, we use “web beacons” to collect information about when you open the email, your IP address and browser or email client type, and other similar information. We do this as necessary for our legitimate interests reviewing and considering our direct marketing activities. We keep this information indefinitely unless removal is requested.
4.1 When you enter into a competition or prize draw with us (or someone running a competition in partnership with us) there will be personal information about you relating to that entry such as your name, contact details, entry details, and correspondence with us about the entry. We may also ask for information about certain preferences.
4.2 We (or the partner running the competition) need certain information to accept entries and you must provide this in order to enter a competition or prize draw with us, if you do not, your entry may not be accepted. Competition information will generally set out what information is strictly required when the relevant information is collected from you, but in particular, you must provide your name and contact details.
4.3 We will keep and use that information to operate any competitions we run, to comply with any legal requirements for us to maintain certain records or carry out certain verifications, and/or for our legitimate interests in administering any services we offer, as well as to review and improve our offerings, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
4.4 If you are a competition winner, we may publish your name and county on our website or otherwise make it publically available in order to comply with our legal obligations and for our legitimate interests in publicising the competition.
4.5 As part of the competition entry, we’ll ask you if you’d like to receive marketing from the partner who promotes the competition. We’ll only provide your contact details to them for marketing purposes if you say “Yes” to that.
4.6 Where your information relates to a competition, we keep it for a period of up to 12 months after the competition closes to enable us to deal with any enquiries or claims.
5 WEBSITE INFORMATION
5.1 We may collect information about you and your use of our website via technical means such as cookies, webpage counters and other analytics tools. This may include your IP address, login data, 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. We use this as necessary for our legitimate interests in administering and improving our website and its content, to ensure it operates effectively and securely, and to develop our business and inform our marketing strategy. We may also create aggregate statistical data from that information (for instance, overall numbers of website visitors) which is not personal information about you.
5.2 For detailed information on the cookies we use and the purposes for which we use them see our Cookie Notice.
5.4 Our website may, from time to time, contain links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
6 COMMUNICATION WITH JOURNALISTS OR OTHER MEDIA
6.1 As a PR company we have a legitimate interest in obtaining contact information for media and other content providers in the UK and overseas and providing information to them about our clients. To do this effectively we subscribe to a number of services that provides us with information about the media outlets, journalists, or other content producers or providers which share information or news to the general public.
6.2 What services do you use to obtain journalist or other contact information?
We collect information in the following ways:
• Media or influencer databases. We subscribe to media databases and social media influencer databases or similar services that provide information about UK or overseas journalists or digital influencers which we use to contact those individuals.
• Sign-ups to the Kallaway Media Centre. Journalists and other individuals sign up to receive news about a client or clients on our media centre
• Inbound enquires or face to face contact. Journalists contact us or our clients.
6.3 We use this information to send out client media news releases. This is a service principally for journalists or individuals who write about or share information about the clients we represent. Client information is shared on our media centre and individuals may choose to subscribe to receive this and other client news we share. We do this as part of our legitimate interests in providing information about our clients to you, and allowing you to use that content.
6.4 I am a journalist –How can I find out what information you hold about me and / or tailor the type of information you send me?
6.5 This is information about you which you provide when you post content on our social media feeds such as our Instagram, Twitter or LinkedIn channels. This may include views, photographs, videos and other content which you share on these feeds or our website.
6.6 We may display and publish this information on our platforms as part of our contract with you or as necessary for our legitimate interests in providing content to our users. We reserve the right to remove or respond to the content you share.
6.7 This information may be retained and displayed indefinitely for as long as our website or social channels are live.
7 EMPLOYEE INFORMATION
7.1 If you work for one of our customers, suppliers or business partners, the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organisation. Your organisation should have informed you that your information would be provided to us, and directed you to this policy. We use this as necessary for our legitimate interests in managing our relationship with your organisation (including providing services to it). If we have a business relationship with you or your organisation, we may receive information about you from your organisation.
7.2 We keep this information for up to seven years after the end of our relationship with your organisation.
8 INFORMATION COLLECTED AT OUR PREMISES
8.1 CCTV. We operate CCTV in our premises which may record you and your activities. We display notices to make it clear what areas are subject to surveillance. We only release footage following a warrant or formal request from law enforcement, or as necessary in relation to disputes.
8.2 We use this information as necessary for our legitimate interests in administering your visit, ensuring site security and visitor safety.
8.3 CCTV recordings are kept for a period of five days (unless an incident occurs and it is necessary for us to keep recordings for longer to properly deal with it).
9 JOB APPLICATIONS
9.1 We will collect and hold information on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as information on you from any referees you provide. We may also collect information about your professional history which you make available on LinkedIn, or which are on your employer’s website.
9.2 We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights, and to contact you if an opening arises. Where you voluntarily provide us with special categories of data, such as information about your race, health or sexuality, we will store this as part of your application on the basis that you have decided to make it public to us for this purpose, and to ensure that our record of your application is accurate so we can comply with (and demonstrate our compliance with) our obligations under employment law.
9.3 If you are successful in your application, your information will be used and kept in accordance with our internal privacy notice. If you currently work for us, or used to work for us, you can request a copy of this from us. If you are not successful in your application, you information will be held for up to 24 months after the relevant round of recruitment has finished.
9.4 You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.
9.5 If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.
9.6 If you are listed as an emergency contact by someone who works for us, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.
10 LEGAL CLAIMS
10.1 Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
11 INFORMATION WE RECEIVE FROM THIRD PARTIES
11.1 We may also receive information about you from the following sources:
11.1.1 Our service providers. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) who may provide us with information about you, to be used as set out above.
11.1.2 Businesses we have bought. If we have acquired another business, or substantially all of its assets, which originally held your information, we will hold and use the information you provided to them, or which they otherwise held about you, in accordance with this privacy notice.
11.1.3 Our other channels. This is information we receive about you if you use any of the other websites we operate or the other services or products we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this website. We will also have told you for what purpose we will share and combine your data.
11.1.4 Publicly available sources. We obtain information from a range of public and available sources such as Companies House, LinkedIn and other social media feeds, news and other public media or online reports, public announcement such as speeches or commentary you share and your own or your organisation’s own website, if one exists.
12 WHY ELSE DO WE USE YOUR INFORMATION?
12.1 Common uses of your information. We will only use your personal information when the law allows us to do so. Although in limited circumstances we may use your information because you have specifically consented to it, we generally use your information in the ways set out in this notice because:
12.1.1 we need to perform a contract we have entered into with you.
12.1.2 we need to comply with a legal obligation.
12.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests.
12.1.4 we need to protect your interests (or someone else’s interests) or where it is needed in the public interest (although these circumstances are likely to be rare).
12.2 Change of purpose. We will only use your personal information for the purposes for which we collected it as set out in this notice, 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
13 SHARING YOUR INFORMATION
As well as any sharing listed above, we may also share your information with third parties, including third-party service providers and other entities in our group. Third parties are required to respect the security of your personal information and to treat it in accordance with the law. We never sell your data to third parties.
13.1 Why might we share your personal information with third parties?
We may share your personal information with third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our agreements with you, or to protect the rights, property, or safety of us, our customers, or others or where we have another legitimate interest in doing so or if it is part of contractual relationship with you. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction or sharing information with the media, bloggers and other publications or individual who create content or news for public consumption on news or other public facing and widely accessible platforms for the purpose of securing stories about our clients or their products and services (we describe this in more detail below).
13.2 Which third-party service providers process your personal information?
13.3 We also may need to share your personal information for third-party service providers (including contractors and designated agents) so that they can carry out their services.
13.4 The following activities are carried out by third-party service providers: The following activities are carried out by third-party service providers: legal advice, accountancy, occupational health assessments, payroll, pension administration and payments, benefits and childcare payment provision and administration, IT services and email and training providers. We also use cloud based services for the storage of company files or for the purpose of collaborative working on shared files, or file transfer devices and on our website, social media feeds and client websites.
13.5 When might we share your personal information with other entities in the group?
13.6 We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, and for system maintenance support and hosting of data.
13.7 How secure is your information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information. Where third parties process your personal information on our behalf as “data processors” they must do so only on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
13.8 What about the media and other organisations or individuals who broadcast or publish information online or in print?
We may share your personal information on our website or by supplying content to the media and digital content providers or with publications or individuals who share information with public in the UK or overseas (including outside of the European Union) via printed, broadcast or online content if you have given express permission for this. Specifics include:
13.8.1 Clients: Client contacts (e.g. work email and phone number) as well as client quotes or opinion or general news or information
13.8.2 Other third parties: Their contact details (e.g. email and phone) as well as quotes, opinion, general news or other information. If the information about the third party is supplied directly to us from that third party we will secure written permission from them to share that information to the media. If the information about the third party is provided to us via a separate organisation we will ask that organisation to provide confirmation it has agreement from the third party to share their information to the media.
In all cases photographs of the individual may be shared.
In all cases when information is released to the media, the recipients will be using that information for their own journalistic purposes, with their own responsibilities under data protection law. We cannot require them to amend or delete that information, and information is shared on this basis.
13.9 What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business where necessary in connection with the purposes which your information was collected for. We may also need to share your personal information with a regulator or to otherwise comply with the law.
14 WHERE WE STORE YOUR INFORMATION
14.1 Our office headquarters are based in 2 Portland Road, Holland Park, London, W11 4LA and our main data centre is located here. However, where required to perform our contract with you or for our wider business purposes, the information that we hold about you may be transferred to, and stored at, a destination outside the UK and the EU. It may also be processed (subject to the safeguards set out below) by third party processors operating outside the UK and EU who work for us or for one of our cloud service providers such as Dropbox, Google, Apple or Daylite which are mainly based in the USA or Canada.
14.2 We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.
14.3 Some countries or organisations outside of the UK and the EU which we may transfer your information to will have an “adequacy decision” in place, meaning the EU considers them to have an adequate data protection regime in place. These are set out on the European Commission website: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
14.4 If we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required. To obtain more details of these safeguards, please contact us.
15 DATA SECURITY
15.1 As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
15.2 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 necessary.
16 HOW LONG WILL WE KEEP YOUR INFORMATION FOR?
16.1 We have set out above indications of how long we generally keep your information. In some circumstances, it may be necessary to keep your information for longer than that in order to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
16.2 To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
16.3 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
17 YOUR RIGHTS
17.1 Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from the Information Commissioner’s Office (ICO). Under certain circumstances, by law you have the right to:
17.1.1 Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.
17.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
17.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
17.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
17.1.5 Object to processing of your personal information 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 us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.
17.1.6 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
17.1.7 Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.
17.1.8 Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. 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 interest in doing so.
17.1.9 Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us.
17.2 No fee usually required. You will not have to pay a fee to access your personal information (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.
17.3 What we may need from you. We may need to request specific information from you to help us understand the nature of your request, to 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 information is not disclosed to any person who has no right to receive it.
17.4 Timescale. Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.
18 CHANGES TO THIS PRIVACY NOTICE
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail or otherwise. Please check back frequently to see any updates or changes to our privacy notice.