Privacy policy
Leith understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website www.letsopenup.co.uk and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| Account | means an account required to access and/or use certain areas and features of our site; |
| Cookie | means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and / or when you use certain features of our Site. Details of the Cookies used by our site are set out in Part 14, below; and |
| Cookie Law | means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
Information about us
Our Site is owned and operated by Leith, whose registered address is 86 Commercial Quay, Edinburgh, EH6 6LX.
Our Data Protection Officer can be contacted by email at [email protected] or by post at Data Protection Officer, The Leith Agency, 86/2 Commercial Quay, Edinburgh, EH6 6LX.
What Does This Policy Cover?
This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
- The right to access the personal data we hold about you. Part 13 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
- The right to data portability. This means that, if you have provided personal data to directly, we are using it with your consent for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- Rights relating to automated decision-making and profiling. (For the avoidance of doubt, we do not use your personal data in this way).
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have 3 the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves however, so please contact us first, using the details in Part 15.
What Data Do You Collect and How?
Depending upon your use of our Site, we may collect and hold some or all of the personal [and non-personal] data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies [and our Cookie Policy below]. We do not collect any ‘special category’ or ‘sensitive’ personal data on our Site or personal data relating to children or data relating to criminal convictions and / or offences. We do hold ‘special category’ data relating to health which is given by people accessing our services. This is not captured on our website and a separate data protection policy exists for this which is available on request using the details provided in Part 15.
| Data collected | How we Collect your data |
|---|---|
| Identity Information including name, title, date of birth. | Web forms and online surveys. |
| Contact information including address, email address, telephone numbers. | Web forms and online surveys. |
| Business information including business name, job title, profession. | Web forms and online surveys. |
| Payment information including card details, bank account numbers. | Donation forms. |
| Profile information including preferences, interests, login details. | Web forms, online surveys and cookies. |
| Technical information including IP address, browser type, operating system. | Cookies. |
| Data from third parties including technical information, contact information. | Under contractual data sharing agreements. |
How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:
| What We Do | What Data We Use | our Lawful Basis |
|---|---|---|
| Registering you on our Site. | Name, email address and login details. | Consent. |
| Providing and managing your Account. | Name, contact details and history of involvement. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have 4 indicated is of interest to you). |
| Providing and managing your access to our Site. | Name, contact details and history of involvement. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you). |
| Personalising and tailoring your experience on our Site. | Preferences, interests. | This personalisation is delivered by consent via our Cookies Policy. |
| Administering our Site. | Name, contact details and history of involvement. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you). |
| Administering our business. | CName, contact details, history of involvement and payment details. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you, and managing your payments to the charity). |
| Supplying our products and services to you. | Name, contact details, history of involvement and payment details. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you, and managing your payments to the charity). |
| Managing payments for our products and services. | Name, contact details, history of involvement and payment details. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you, and managing your payments to the charity). |
| Personalising and tailoring our products and services for you. | Name, contact details, history of involvement and payment details. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg updating you on the content you have indicated is of interest to you, and managing your payments to the charity). |
| Communicating with you. | Name, contact details, history of involvement and contact preferences. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg communicating by post if you have given us your postal address). |
| 5 Communicating with you. Name, contact details, history of involvement and contact preferences. We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg communicating by post if you have given us your postal address). Supplying you with information by email and post (you may opt-out at any time by writing to us at our registered address, or emailing us at [email protected]). | Name, contact details, history of involvement and contact preferences. | We use a mixture of Consent (eg for communicating by email) and Legitimate Interest (eg communicating by post if you have given us your postal address). |
With your permission and/ where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and telephone and text message and post with information, news, and offers on our charity and ways you can support us. You will not be sent any unlawful marketing spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will not share your personal data with third parties for marketing purposes unless it is in relation to a service you have asked us to perform or unless you have given us express consent. You will be able to opt-out at any time.
Third Parties (including companies which support our fundraising efforts) whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, or the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following facts will be used to determine how long it is kept):
| Type of Data | How Long We Keep It |
|---|---|
| Identity Information including name, title, gender. | For as long as we have reasonable grounds for thinking that you may wish to be involved with our charity. |
| Contact information including address, email address. | For as long as we have reasonable grounds for thinking that you may wish to be involved with our charity. |
| Business information including business name, job title, profession. | For as long as we have reasonable grounds for thinking that you may wish to be involved with our charity. |
| Payment information including card details, bank account details. | For as long as required to manage the transaction you have asked us to perform. |
| Profile information including preferences and interests. | For as long as we have reasonable grounds for thinking that you may wish to be involved with our charity. |
| Technical information including IP address, browser type, operating system. | For as long as we have reasonable grounds for thinking that you may wish to be involved with our charity. |
How and Where Do You Store and Transfer My Personal Data?
We store some of your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the EU GDPR and/ to equivalent standards by law. Transfers of personal data to the EEA from the UK are permitted without additional safeguards.
In addition to data stored within the EEA, we also store some data in the USA. We will only store or transfer personal data in or to countries that are deemed to provide an adequate level of protection for personal data. For further information about adequacy decisions and adequacy regulations, please refer to the Information Commissioner’s Office.
Please contact us using the details below in Part 15 for further information about the particular data protection safeguards used by us when transferring your personal data to a third country.
Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If we sell, transfer, or merge parts of our charity assets, your personal data may be transferred to a third party. Any new owner of our charity may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
We may sometimes contract with the following third parties to supply certain products and services.
| Recipient | Activity Carried Out | Sector | Location |
|---|---|---|---|
| Third party fundraising sites – eg JustGiving. | Collection of sponsorship from fundraisers on behalf of our charity. | Charity fundraising. | UK. |
| Professional Fundraising Organisations 7 (Commercial Participators) | Organisation of charity fundraising events eg – Overseas Treks to raise money for the charity | Charity fundraising. | UK. |
| Mailing houses and printers | The production and mailing of information and fundraising appeals on behalf of the charity | Charity fundraising / marketing. | UK. |
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.
If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.
If we sell, transfer, or merge parts of our charity’s assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
How Can I Control My Personal Data?
In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details [and by managing your Account]).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
Can I Withhold Information?
You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see Part 14 and our Cookie Policy below.
How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 21 days and, in any case, not me than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
How Do You Use Cookies?
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products, services and content. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
All Cookies used by and on our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
The following first-party Cookies may be placed on your computer or device:
| Name of Cookie | Purpose | Strictly Necessary |
|---|---|---|
| Google Analytics | Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. | No |
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request.
Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change how our charity operates in a way that affects personal data protection.
Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 22nd January 2023.