Pentagram Design Limited Privacy Policy

Introduction

Welcome to the Pentagram privacy policy which governs your use of the “Roland50.studio” experience which can be accessed at https://roland50.studio/ (the “Experience”).

Pentagram Design Limited (company number 01599748) (collectively referred to as “Pentagram”, "we", " us" or "our" in this privacy policy) is the owner and publisher of the Experience. Pentagram respects your privacy and is committed to protecting your Personal Data. This privacy policy will inform you how we look after your Personal Data when you visit and interact with the Experience regardless of where you visit it from and tell you about your privacy rights and how the law in our jurisdiction protects you.

The following defined terms shall have the following meanings:

“Anonymous Data” means Personal Data that has been amended to the extent that it no longer contains any identifying information and thus, no longer constitutes Personal Data;

“Children” any person under the age of 16;

“Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed as outlined in the Data Protection Legislation.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“Personal Data” has the meaning given to it in the Data Protection Legislation.

“Processor” means any natural or legal person who processes the data on behalf of the Controller.

“Video Content” means the video generated through interaction with the Experience which allows you to create music through clicking on the page. Only sounds are recorded and background sounds are not recorded.

“Social Media” means social media platforms and accounts of the User, including but not limited to Facebook, Twitter and Instagram.

“User” means any individual interacting with the Experience, each to be referred to as a “User” and, together, referred to as the “Users”.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Pentagram collects and processes your Personal Data through your interaction with the Experience, including any Personal Data you may provide when interacting with the Experience and/or when you distribute Video Content.

The Experience is not intended for Children and we do not knowingly collect Personal Data relating to Children. Pentagram accepts no liability for the processing of any Personal Data relating to Children where Pentagram was not aware that the subjects were Children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data so that you are fully aware of how and why we are using your Personal Data. This privacy policy supplements any other notices and is not intended to override them unless specifically stated.

Controller

Pentagram is a data Controller in respect of certain Personal Data provided by customers when interacting with the Experience. Pentagram is a data Processor in respect of any Personal Data processed by Pentagram on behalf of any User in the manner dictated by the User and by third parties including suppliers, provided through a variety of methods.

Changes to the privacy policy and your duty to inform us of changes

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if any aspect of your Personal Data changes during your relationship with us. Any previous data held on you will be deleted to the fullest extent possible.

Third-party links

The Experience may include links to third-party websites, plug-ins and applications. Clicking on any of these links or enabling those connections may allow third parties not associated with Pentagram to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

We encourage you to read the privacy policy of every website you visit, but, for the avoidance of doubt, Pentagram accepts no liability for any data that has been unlawfully processed by third parties as a result of you accessing these links.

2. The data we collect about you

We may collect, use, store and transfer different kinds of Personal Data about you, which include but are not limited to, the following categories:

Identity Data: means Personal Data that includes your Social Media handle, Social Media name, and visually identifiable data that includes your facial features as a whole in Video Content.

Contact Data: means Personal Data that includes your contact information, such as your email address.

Technical Data may include internet protocol (IP) addresses you may have visited, the type and version of browser you are using, the time zone setting and location from which you are accessing the Experience, browser plug-in types and versions, which operating system and platform are being used and other technology on the devices you use to interact with the Experience.

Usage Data includes information about how you interact with the Experience such as the full uniform resource locations (URL) clickstream to, through and from the Experience (including date and time), where the URL customised for Video Content has been sent to or shared on Social Media (not where it is shared to locations and servers other than Social Media), pages you viewed or searched for, page response times, download errors, length of visits of certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

We do not collect nor ask for any Special Categories of Personal Data about you. Special categories mean the kinds of Personal Data recognised by the Data Protection Legislation as being more sensitive in nature than other categories of Personal Data. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about whether you have any prior criminal convictions and/or offences. Whilst we do not collect nor ask for Special Categories of Personal Data, we are aware that facial features as a whole in the videos may identify race or ethnicity, however this would never be used in a way to categorise or discriminate against Users or their Personal Data.

3. How is your Personal Data collected?

We use different methods to collect Personal Data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by interacting with the Experience. This includes Personal Data you provide when you:

record Video Content when interacting with the Experience; or

share your recorded Video Content on Social Media when interacting with the Experience; or

share the personalised URL of your recorded Video Content on Social Media; or

share the personalised URL of your recorded Video Content with other individuals; or

save and download the Video Content onto your server; or

give us some feedback.

Automated technologies or interactions. As you interact with the Experience, we may automatically collect Technical Data about your equipment, browsing actions, sharing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

Third parties or publicly available sources. We may receive Personal Data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

analytics providers;

advertising networks; and

search information providers.

Identity and Contact Data from publicly availably sources such as Social Media accounts.

4. How we use your Personal Data

We will only use your Personal Data when and to the extent permitted by the Data Protection Legislation. Most commonly, we will use your Personal Data in the following circumstances:

to provide access to your Video Content to any other User with whom you have sought to share your Video Content through sharing your personalised URL link for the Video Content;

we post a link to your Video Content to Social Media accounts in accordance with your directions;

where we need to store Video Content created by you on our server provided by Amazon Web Services (“AWS”). The Video Content will not be shared or disclosed to any other individual (other than in accordance with your directions when you seek to share Video Content). You cannot delete Video Content from our server held with AWS after sharing the URL. However, you may at any time make an Erasure Request (see details below);

where we need to notify you about changes to the Experience;

where it is necessary for our legitimate interests (or those of a third party) and your interests and your fundamental rights do not override those interests; or

where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your Personal Data.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

For the avoidance of doubt, this table is not exhaustive of the ways in which Pentagram may use your Personal Data and there may be occasions where we require additional information.

Purpose / Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To interact with the Experience and record and create Video Content

(a) Identity Data
(b) Contact Data
(c) Technical Data
(d) Usage Data

Performance of a contract with you

To interact with the Experience to:

(a) Share a personalised URL linking to the Video Content on your Social Media
(b) Share a personalised URL linking to the Video Content to other individuals
(c) Save and download the Video Content onto your server

(a) Identity Data
(b) Contact Data
(c) Technical Data
(d) Usage Data

Performance of a contract with you

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey

(a) Identity Data
(b) Contact Data
(c) Technical Data
(d) Usage Data

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services, so that we can develop the Experience to suit the demands and preferences of those interacting with the Experience)

To administer and protect our business and the Experience (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity Data
(b) Contact Data
(c) Technical Data

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

To deliver relevant content to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity Data
(b) Contact Data
(c) Technical Data
(d) Usage Data

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve the Experience, products/services, marketing, customer relationships and experiences

(a) Technical Data
(b) Usage Data

Necessary for our legitimate interests (to define types of customers for our products and services, to keep the Experience updated and relevant, to develop our business and to inform our marketing strategy)

Marketing and Promotional offers from us

We will not send you marketing or promotional communications.

Cookies

Cookies are small pieces of text and data sent to your web browser by a website you visit. A cookie file contains such information as how long was spent on that particular website, the site preferences and how frequently the Experience is visited. The Experience uses Netlify Analytics and does not use cookies.

Please note that External Third Parties may use cookies, over which we have no control. Pentagram accepts no liability in relation to any use of cookies by any third-party. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.

5. Disclosures of your Personal Data

We may have to share your Personal Data with the third parties, including but not limited to those parties set out below, for the purposes set out in the table in paragraph 4 above.

External third parties which include processors in the following categories:

Social Media platforms (at your own election)

Analytics providers

Our hosting provider

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions which, for the avoidance of doubt, will be in accordance with the purposes for which the data was collected. Pentagram is however not liable nor responsible for how the Social Media platforms you elect to share your Personal Data with process or use the Personal Data derived from the Experience.

6. International transfers

Some of our external third parties are based outside the European Union ( EU) so their processing of your Personal Data will involve a transfer of data outside the EEA.

Whenever we transfer your Personal Data out of the EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries.

Where we use providers based in the US, such as AWS, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EU.

7. Data security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my Personal Data for?

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Once these have been satisfied, the Personal Data (other than the Video Content itself) will either be deleted or amended to the extent that it would be considered Anonymous Data.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your Personal Data: see Erasure Request below for further information. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under the Data Protection Legislation in relation to your Personal Data.

You have the right to:

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.

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 (commonly known as an “ Erasure Request”). This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with the Data Protection Legislation. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of 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. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. This enables you to 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. 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. In addition, this does not provide you with routine access to our systems and processes and only the extraction of your Personal Data.

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from 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.

Time limit to respond

We try to respond to all legitimate requests within one month of the time we receive all of the information required to complete your request. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Questions and contact

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Contact details

Our details are:

Full name of legal entity: Pentagram Design Limited (company number 01599748)

Postal address: 11 Needham Road, London, W11 2RP.

Email: london@pentagram.com

Telephone: +44 (0)20 7229 3477

If you wish to contact us regarding your rights, we reserve the right to request copies of your identification or any other information that may be reasonably required to verify your identity.