LEGAL POLICIES

This page includes the followings:

• DATA PROCESSING & PRIVACY - what we collect and how we process your personal data.
• TERMS OF USE - terms of accessing, browsing and using our website.
• COOKIE POLICY - what cookies do and how they are used and managed on this website.

DATA PROCESSING & PRIVACY POLICY

Version: September 2020

This policy sets out the basis on which we collect and process your personal data:

• • through your use of our website;
• • by you sending correspondence to us;
• • by you signing up for emails, newsletters and other marketing activities either online or at events;
• • as an individual supplier of goods or services to us or where we have any other agreement with you; or
• • as a staff member or other representative of one of our business partners or suppliers.

Any changes we make to this policy in the future will be posted on this page and, if appropriate, notified to you by email so please check this page regularly.

INFORMATION ABOUT US

Paul Smith’s Foundation is the controller responsible for your personal data (referred to as "we", “us” or “our” in this privacy policy). We are registered with the Charity Commission in England and Wales with charity number 1065751 and we are registered as a private company limited by guarantee with the Registrar of Companies in England and Wales with company number 03346635. Our registered office is at 20 Kean Street, London, WC2B 4AS, England. If you have any questions about this privacy policy, the use of your personal information or our website, you can contact us at info@paulsmithsfoundation.com.

YOUR PERSONAL DATA

Information provided to us by you or about you You will provide some or all of the following information to us when you contact us, request services offered by us, and/or sign up for newsletters and other marketing activities, either online or at events:

• • Your Identity and Contact Details includes your name and email address ;
• • Additional Personal Details - At your option, if you correspond with us you may also provide additional personal information to us such as your date of birth, gender, and interests. This additional information would only be collected and stored by us for the purpose of our correspondence with you and for helping us understand and improve the operation of our charity and our reach, for the purpose of any service requested by you, and for the purpose of any direct marketing which you may have expressly given your consent to.

Please Note: It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.

In the case that you are an individual supplier to us, or an employee or other representative of any of our business partners or suppliers, the same categories of information might be provided to us by you or about you by the business you represent. This policy applies to our processing of that information in the same way that it applies to the processing of information supplied to us directly.

We do not collect any categories of sensitive personal data.

Information We Collect When You Interact With Us

As you interact with our website and emails, we also automatically collect usage and technical data (described below) about your equipment, browsing actions and patterns. We collect this data by using cookies, server logs and other similar technologies.

Usage Data - includes information about how you use our website and how you interact with our emails;

Technical Data - includes:

• • your Internet protocol (IP) address, 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 or read our emails;
• • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, mobile applications traffic data, weblogs and other communication data ;
• • if you use a mobile device to access our website or emails, the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number, the MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone settings);

Other - We may also receive information from third parties we work closely with such as online platform operators, digital services providers, and if you or your business is a partner or supplier to us or have any other payment related arrangement with us credit reference agencies and fraud prevention agencies.

WHAT WE USE YOUR PERSONAL DATA FOR

Data protection law in the UK allows us to collect, use, store and transfer personal information if we have one or more of the following purposes for doing so:

• • To fulfill a contract with you; or
• • Where necessary to comply with a legal or regulatory obligation; or
• • Where necessary for our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override these interests); or
• • For other reasons where you have expressly consented to those purposes.

Below are the ways we will use your personal data for our legitimate interests and/or to fulfil a contract with you or the business you represent (it being in our legitimate interests to process the personal data of employees and other representatives of our corporate business partners and suppliers, to the minimum extent necessary to facilitate performance of that business contract):

• • Communicate with you about any correspondence you have sent us by email or by post, or we may also contact you by phone if you give details for this purpose;
• • providing you with the services or information you asked for;
• • keeping a record of your relationship with us, and processing any correspondence and applications;
• • processing and administering any account you may have with us;
• • receiving the benefit of any contract between you or your business and us, or carrying out our obligations under any contracts entered into between you or your business and us;
• seeking your views or comments on the services we provide, and notifying you of any changes;
• • processing information required for any competition, promotion or survey entries by you;
• • allowing you to participate in interactive features of our service if you choose to do so;
• • administration, analysis and assessment of our website and emails and their performance, to understand and develop our charity and for the improvement and optimisation of our website and emails; and
• • as part of our efforts to keep our website safe and secure.

Direct Marketing We need your consent for direct marketing communications. If you have expressly given your consent to receive direct marketing from us, whether via our website, or at any events, we may use the information you have given us and which we collect when you interact with us for;

• • delivering direct marketing, advertising and updates from us to you, such as telling you about new website content and updates and information about us;
• • measuring and understanding the effectiveness of advertising we serve to you and others;
• • helping us decide which direct marketing emails we serve to you; and
• • making suggestions and recommendations to you and other users of our website about content that may interest you or them.

At any time you can opt out of direct marketing. To do this please contact info@paulsmithsfoundation.com or click Unsubscribe in any newsletter.

Cookies: With some limited exceptions for cookies which are essential for the operation of our website, we need your consent for our use of cookies. You have the right to withdraw your consent and can do this on the cookie banner when you enter the site.

WHO WE SHARE YOUR PERSONAL DATA WITH

We may share your information within our charity and with our selected third parties for the purposes referred to above. For example:

• • Credit Reference & Fraud Prevention Agencies for credit checking and identity verification for business partners and suppliers or where we may otherwise have a payment arrangement with you;
• • Analytics and search engine providers that assist us in the improvement and optimisation of our website;
• • Build and hosting service providers that maintain the software that runs our website. They provide us with reporting statistics, and serve cookies on our behalf;
• • Where you opted in to direct marketing, third party advertisers, affiliate marketing agencies and advertising networks engaged by us to select and serve relevant communications to you on our behalf.

We require all third parties engaged by us to respect the security of your personal data and to treat it in accordance with the law. Such third parties are only allowed to process your personal data in accordance with our instructions, and not for their own purposes.

From time to time, we may ask you if you would like to be contacted by other selected third parties, such as part of a joint promotion or a collaboration. If we do this, we will also provide you with a link to that third party’s privacy policy to help you decide whether or not you wish to be contacted by them. If you do consent to this (by an express opt in), that third party would be the data controller in respect of any activity by them that you have consented to.

Links to Other Organisations

Our website and/or emails may, from time to time, contain links to and from websites of our partner networks, advertisers and affiliates. If you follow a link these websites have their own privacy policies and we do not accept any responsibility or liability for the terms of these policies. Please check these policies before you submit any personal data to those websites.

OPTING OUT OF MARKETING AND PREFERENCE UPDATES

If you no longer wish to receive direct marketing and updates from us, you can unsubscribe at any time by clicking on the unsubscribe link in the footer of any marketing email you receive from us or by emailing us at info@paulsmithsfoundation.com.

SECURITY OF YOUR PERSONAL DATA

Our website and systems has appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on secure servers. We have also put in place procedures to deal with any suspected personal data breach. We recommend only connecting to secure wireless networks that you trust to reduce the risk of unauthorised people intercepting your online activity. Beware of the risks of using public wifi. If you receive an email purporting to be from us asking for personal data, please do not respond to the email but please let us know that this has happened so we can check whether the email is genuine.

OUTSIDE EEA - DATA STORAGE & TRANSFER

The data that we collect from or about you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) to work with members of our charity and third parties who we use to help us carry out the purposes referred to above or to comply with a legal duty. Whenever we transfer your personal data out of the EEA, we will make sure an adequate level of protection is afforded to it by using one of the following safeguards:

• • We may transfer your personal data to countries that have privacy laws which give the same level of protection for personal data as the EEA;
• • We may use contract clauses with recipients which mean they must protect your personal data with the same level of protection as it has in the EEA;
• • We may transfer personal data to organisations if they are part of the Privacy Shield framework which requires them to provide similar protection to personal data shared between European countries and the US.

HOW LONG WE KEEP YOUR PERSONAL DATA

If you visit our website but are not registered to receive communications from us or are not a business partner or supplier of ours: we will keep your usage and technical data in anonymised form for as long as we require it for the purposes identified above, but some data will be erased at the end of your visit to the site, and the remainder will be erased as soon as it is no longer required.

If you are a recipient of newsletters or other communications: we will keep your data for as long as we need it to continue to communicate with you, but will delete the data as soon as it is no longer required, which will generally be if you inform us that you no longer wish to receive our communications. We may retain a copy of your contact information to ensure that you are not inadvertently sent further communications in the future.

If you are an individual business partner or supplier of ours or an employee or other representative of a business partner or supplier of ours: we will keep your data for as long as that business relationship continues and thereafter we may keep it for longer in order to respond to any questions or complaints, or to deal with any unresolved issues relating to the business contract.

In all cases: we may retain some data after the periods identified above, where that is necessary to satisfy legal, accounting or reporting requirements. We may also keep your data for research or statistical purposes.

YOUR RIGHTS

You have the right to object to our use of your personal information, or to ask us to delete, remove or stop using it if there is no need for us to keep it. Please let us know if you think we should not be using it, but please be aware that there may be legal or other official reasons why we need to keep or use your information.

Your rights under data protection laws in relation to your personal data are briefly summarised below, and you can exercise these rights by emailing us at info@paulsmithsfoundation.com or by writing to us at Paul Smith’s Foundation, 20 Kean Street, London, WC2B 4AS, England:

• • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which we will tell you about, if applicable, after receiving your request.
• • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
• • Request restriction of processing of your personal data. You can 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. Please 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 if we are relying on your consent to process your personal data (such as direct marketing and cookies). This won’t affect any processing already carried out before you withdraw your consent or processing under other grounds. If you withdraw your consent, we may not be able to provide certain products or services to 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.

You will not have to pay a fee to access your personal data and we try to respond to all requests within one month. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). However, we would appreciate the chance to deal with any concerns you may have before you approach the ICO so please contact us in the first instance.

WEBSITE TERMS OF USE

Thank you for visiting our website. These terms tell you the terms on which you may use our website www.paulsmithsfoundation.com (our site). Use of our site includes accessing, browsing or registering with us on our site.

Please read these terms and conditions carefully before using this site as these will apply to your use of our site and the services we offer. By using our site, you confirm that you accept and agree to comply with these terms. If you are not prepared to agree to these terms then you must not use our site.

Our Data Processing & Privacy Policy (above) and our Cookie Policy (below) also apply to your use of our site. These policies set out the terms on which we process personal data collected from you. By using our site you consent to us processing your personal data in accordance with these policies.

We may revise these terms at any time by amending this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Site Content Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site it accurate, complete or up-to-date.

You may browse our site without registering to receive communications from us. If you register with us, you warrant, represent and undertake that any information, which you provide when you register with us, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.

You can email any changes to your details to us by emailing info@paulsmithsfoundation.com.

Acceptable Use

You may use our site only for lawful purposes. You may not use our site:

• • In any way that breaches any applicable local, national or international law or regulation;
• • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• • For the purpose of harming or attempting to harm minors in any way.
• • To bully, insult, intimidate or humiliate any person;
• • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
• • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
• • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Whenever you make use of a feature that allows you to use interactive services on our site, upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out below.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in below.

You are responsible for all contributions sent by you to or via our site, and you must only use our site for your own personal, proper and lawful purposes.

Each part of any of your contributions must:

• • be accurate (where they state facts);
• • be genuinely held (where they state opinions); and
• • comply with applicable law in the UK and in any country from which they are posted, including without limitation copyright and computer misuse laws

You must not make any contributions or carry out or procure any act or omission which would:

• • damage, delay, interrupt or impair the use of our site or its software;
• • cause any material to be placed on or transmitted via or associated with our site which:
• • is illegal, offensive, obscene or inflammatory;
• • is defamatory to any person;
• • bullies, insults, intimidates or humiliates;
• • promotes violence, sexually explicit material, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or include child sexual abuse material;
• • may threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• • may give the impression that the contributions emanate from us if this is not the case;
• • may be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• • is likely to deceive, harass, upset, embarrass, alarm or annoy any other person;
• • promotes any illegal activity or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• • Contain any advertising or promote any services or web links to other site.
• • infringe or be in breach of any copyright, database right, trade mark, privacy, confidence, or any other third party right; or
• • cause any inconvenience to Paul Smith’s Foundation, its trustees, employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).

You must not access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

We exclude liability for actions taken by us in response to breaches of the Acceptable Use terms above.

In the event that you breach any of these conditions, you will indemnify and keep indemnified Paul Smith’s Foundation, its parent, subsidiaries, associated companies, trustees, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.

Viruses

You are responsible for configuring your information technology, computer programmes and platform in order to access our site and for using your own virus protection software. We do not guarantee that our site will be free from viruses and we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of our site, or to your downloading of any content on it, or on any website linked to it.

You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and other global laws of similar effect. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Links to Our Site

You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

We may withdraw this permission at any time without notice.

The website you are linking from must comply in all respects with the content standards set out in the Acceptable Use terms above.

Links to Other Organisations

We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.

We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.

Trade Marks and Copyright

Our trademarks include (amongst others) the Paul Smith’s Foundation name and logo.

These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trademarks. All other trademarks are the property of their respective owners.

All content included on this website (including, without limitation, the trademarks of Paul Smith’s Foundation, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Paul Smith’s Foundation and its licensors and as such is protected by international and UK copyright laws and treaties and other intellectual property laws.

You must not reproduce all or any part of the contents of this website except in accordance with this agreement.

You may download or print pages from this web site but only for your own personal use and you may not make any modification to them.

You may re-copy, extract or forward pages from this website to a third party for their personal use only, provided you:

• • Do not make any modifications to the extract or pages before re-copying, extracting or forwarding;
• • Acknowledge that the extract is from this website;
• • Include the URL address of this website on the extract; and/or
• • Notify the third party that use and further copying of the extract by them is subject to the terms of this license.

You must not:

• • incorporate any part of this website into any other work or publication, including incorporation into an electronic work, without our prior written consent;
• • use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
• • frame this website within any website controlled by you; and/or
• • use any part of our site for commercial purposes without obtaining a licence to do so from us or our licensors.

Termination and Suspension

We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:

• • You are in breach of any part of this agreement.
• • We cannot, for any reason, verify or authenticate any information you provide to us.
• • We believe that your actions may cause legal liability for us, you, or any other user.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Limitation of Our Liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation any indirect or consequential loss or damage.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Notices

Any notice, which we are required to give to you regarding the services, may be sent by e-mail to the address provided by you on registration (or as amended from time to time).

Unless otherwise explicitly stated, notices to us must be sent by registered mail to: Paul Smith’s Foundation 20 Kean Street, London, WC2B 4AS, England

Notices sent to you by e-mail are deemed to be received 24 hours after an e-mail is sent unless we receive a notice that the e-mail address is invalid. Registered mail will be deemed received by us on the date of successful delivery recorded by the courier.

Applicable Law

These terms of use and their subject matter or formation are governed by and construed in accordance with English law and you and we both agree that the English courts will have non-exclusive jurisdiction for any dispute under these terms of use.

Company Information

Our site is operated by Paul Smith’s Foundation. Our registered office is at 20 Kean Street, London, England, WC2B 4AS. Paul Smith’s Foundation is registered with the Charity Commission in England and Wales with charity number 1065751 and is registered as a private company limited by guarantee with the Registrar of Companies in England and Wales with company number 03346635.

COOKIE POLICY

Why we use Cookies

Our website and emails use cookies to distinguish you from other users of our site and recipients of our emails. This helps us to provide you with a good experience when browsing our website and also allows us to improve our site and our email communications with you. By continuing to browse the site, you are agreeing to our use of necessary cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or mobile device if you agree. Cookies contain information that is transferred to your computer’s hard drive or your device.

Pixels are also sometimes referred to as ‘web beacons’ or ‘web bugs’ and are small single pixel transparent image files. They allow website owners to know when a visitor has reached their website, and are used in conjunction with cookies to allow further website tracking to be monitored. They may also be used to allow email senders to know when recipients have received, opened and/or interacted with their emails. Again, these files are not viruses, but are useful in helping us to make your web surfing experience better and to help us understand how you interact with our emails.

What cookies we use

Non-Essential Cookies Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it and interact with our emails. This helps us to improve the way our site works. Targeting cookies: These cookies record your visit to our site, the pages you have visited and the links you have followed. We may use this information to make our site and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.

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Managing Cookies Most web browsers automatically accept cookies. However, you can choose not to accept the use of cookies, and delete all the cookies currently stored on your device.

If you block all cookies (including essential cookies) you may not be able to access all or parts of our site and other sites. To find out more detail about how to do this, visit All About Cookies.

Opt out of Cookies

The cookies we use on our site can be managed below with the individual third parties we work with:

• To opt out or manage advertising we do with Google, click here. • To opt out or manage how Instagram and Facebook use Cookies with our site, click here.

If you have any questions or require any more information please contact us at info@paulsmithsfoundation.com.