Website Terms and Conditions and Privacy Policy

Arts Council England Internet accessibility statement

The Arts Council is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines.

Terms and conditions

Arts Council England is the trading name of the Arts Council of England, registered charity no: 1036733

Linking

Arts Council England may have links to other websites. Arts Council England is not responsible for the contents, nor does it warrant the accuracy or reliability of any linked website. Arts Council England, to the extent permissible by law, excludes all liability which may arise from your use or reliance on the information or contents contained in the linked site.

Copyright

The copyright of the contents and publications contained within this website are owned by the Arts Council of England or its licensors.

Data protection

General

Arts Council England is committed to protecting your privacy. The text below describes the ways in which we collect information from you when you use the service, and what we may use it for. It should be read in conjunction with the other terms and conditions of use and data protection policy.

Arts Council England is a registered charity (number 1036733). Our head office is located at 14 Great Peter Street, London SW1P 3NQ. If you have any other questions about this policy you can write to us at our head office for the attention of the Head of online publishing or email web@artscouncil.org.uk

What data do we collect from you?

We collect data from you ('user data') when you register to use the service.

This data can sometimes comprise personal data about individuals, to which UK data protection laws apply. These terms and conditions and the data protection policy describe Arts Council England's approach to fulfilling its obligations under those data protection laws.

Our use of user data

We will use user data we collect from you only in accordance with the following guidelines:

To provide the service to you

We will use user data to provide and improve the service to you, to notify you of any changes to the service or our terms and conditions of use.

To send you information about our other products and services if you so wish

From time to time, Arts Council England, or third parties acting on Arts Council England's behalf, may wish to send you information about other services which we offer and believe you may be interested in. We may use user data for this purpose. Where you have given consent we will pass your details to the third party venues on this site so they can contact you directly for the purpose of marketing and charitable activities. If you decide now, or at any later time, that you do not wish to receive this information, please inform us by email at web@artscouncil.org.uk.

Internally within Arts Council England

Arts Council England may make user data available to other parts of the organisation, either for the fulfilment of Arts Council England services, or to enable them to provide you with information about products or services which they believe you may be interested in.

Disclaimer

The Arts Council of England has tried to ensure that the contents and information it provides in its website is accurate at the time of posting. Unfortunately it cannot guarantee the accuracy of contents or information contained in its pages and any person using information contained in them does so entirely at their own risk.

Virus protection

Although care is taken to check and test material at all stages of production, the Arts Council of England cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

Terms and conditions of use

General

You may print a copy of these terms and conditions of use, but Arts Council England may change these at any time. The most up-to-date version of these terms and conditions will be that displayed on www.artscouncil.org.uk/aboutthesite/tandc.php

In order to use the service you must submit your email account to Arts Council England. You are fully responsible for all postings that are received by subscribers to the mailing list submitted from your email account.

Governing law

These terms and conditions of use and your use of the services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these terms and conditions of use.

Data protection policy

Contents

Introduction
Information covered by the Act
Data protection principles
Conditions
Individuals' rights
Legal requirements
No commercial disposal to third parties
Our commitment to data protection
Further information

Introduction

In order to operate efficiently, we must collect information about people with whom we work. These may include members of the public, current, past and prospective employees, funded bodies and suppliers. In addition we may be required by law to collect and use information in order to comply with the requirements of central government.

This personal information must be handled properly under the Data Protection Act 1998 ('the Act'). The Act regulates the way that we handle 'personal data' that we collect in the course of carrying out our functions and gives certain rights to people whose 'personal data' we may hold.

We consider that the correct treatment of personal data is integral to our successful operations and to maintaining trust of the persons we deal with. We fully appreciate the underlying principles of the Act and support and adhere to its provisions.

We are registered with the Information Commissioner to process personal data. We are named as a data controller under the register kept by the Information Commissioner in accordance with section 19 of the Act.

Information covered by the Act

The Act uses the term 'personal data'. For information held by the Arts Council, personal data essentially means any recorded information held by us and from which a living individual can be identified. It will include a variety of information including names, addresses, telephone numbers, photographs of people and other personal details. It will include any expression of opinion about a living individual or any indication of our intentions about that individual.

Data protection principles

We will comply with the eight enforceable data protection principles by making sure that personal data is:

1. fairly and lawfully processed
2. processed for limited purposes
3. adequate, relevant and not excessive
4. accurate and kept up to date
5. not kept longer than necessary
6. processed in accordance with the individual's rights
7. secure
8. not transferred to countries outside the European Economic area unless the country to which the data is to be transferred has adequate protection for the individuals

Conditions

We will ensure that at least one of the following conditions are met before we process any personal data:

1. the individual has consented to the processing
2. the processing is necessary for the performance of a contract with the individual
3. the processing is required under a legal obligation (other than one imposed by a contract)
4. the processing is necessary to protect vital interests of the individual
5. the processing is necessary to carry out public functions e.g. administration of justice
6. the processing is necessary in order to pursue our legitimate interests or those of third parties (unless it could unjustifiably prejudice the interests of the individual)

Under the Act, one of a set of additional conditions must be met for 'sensitive personal data'. This includes information about racial or ethnic origin, political opinions, religious and other beliefs, trade union membership, physical or mental health condition, sex life, criminal proceedings or convictions. We will ensure that one of the following additional conditions are met before we process any sensitive personal data:

1. the individual has explicitly consented to the processing
2. we are required by law to process the information for employment purposes
3. we need to process the information in order to protect the vital interests of the individual or another person
4. the processing in necessary to deal with the administration of justice or legal proceedings

Individuals' rights

We will ensure that individuals are given their rights under the Act including:

• the right to obtain their personal information from us except in limited circumstances
• the right to ask us not to process personal data where it causes substantial unwarranted damage to them or anyone else
• the right to claim compensation from us for damage and distress caused by any breach of the Act

Legal requirements

While it is unlikely, Arts Council England may be required to disclose your user data by a court order or to comply with other legal requirements. We will use all reasonable endeavours to notify you before we do so, unless we are legally restricted from doing so.

No commercial disposal to third parties

Arts Council England shall not sell, rent, distribute or otherwise make user data commercially available to any third party, except as described above or with your prior permission.

Our commitment to data protection

We will ensure that:

• everyone managing and handling personal information understands that they are responsible for following good data protection practice
• there is someone with specific responsibility for data protection in the organisation
• staff who handle personal information are appropriately supervised and trained
• queries about handling personal information are promptly and courteously dealt with
• people know how to access their own personal information
• methods of handling personal information are regularly assessed and evaluated
• any disclosure of personal data will be in compliance with approved procedures.
• we take all necessary steps to ensure that personal data is kept secure at all times against unauthorised or unlawful loss or disclosure
• all contractors who are users of personal information supplied by the council will be required to confirm that they will abide by the requirements of the Act with regard to information supplied by us.

We have appointed a head of information compliance to lead on data protection for the Arts Council. This person is responsible for ensuring that the policy is effectively implemented.

Further information

The Information Commissioner - www.informationcommissioner.gov.uk

The Department of Constitutional Affairs - www.dca.gov.uk

Contact us at:
Arts Council England
14 Great Peter Street
London SW1P 3NQ
Email: enquiries@artscouncil.org.uk
Phone: 0845 300 6200