38 Degrees Ltd. Privacy Notice

Photograph Campaign

38 Degrees Ltd (“38 Degrees”, “we”, “our”, “us”) is committed to keeping your personal information safe and meeting our responsibilities under privacy law. Given that this is information that can be used to identify you, we want you to be confident that we are using it responsibly.

This Privacy Notice gives you detailed information on why and when we collect the personal information that you provide to us as part of our campaign to contrast the Prime Minister’s lockdown actions with the sacrifices we – the public – made by publishing thousands of our own lockdown images and quotations (the “Campaign”)], including how we use your personal information, how we keep it secure, and how you can let us know if you would like us to change how we manage it.

For information about how we use personal information more generally, e.g. in the context of our website and other services, please see our Website Privacy Notice here.

What personal information we may hold about you
Where we obtain your personal information
How we use your data
Our lawful bases
Retaining your personal information
How we share your personal information
International data transfers
How we keep your personal information safe
Your rights
Children’s Data
Cookies
Updates to this Notice
Contact us

1. What personal information we may hold about you

Personal information is any information that relates to an individual. It does not include information where the identity of the individual has been fully and effectively removed (anonymous data).

We collect the following personal information about you in the context of the Campaign:

Identification information that you provide, such as your name, email address, postcode and constituency;
The photograph that you provide;
Any further information you choose to provide about your story, including your experiences during the COVID-19 pandemic.

Sensitive Personal information

Under data protection legislation, certain personal information is considered more ‘sensitive’ (e.g., information relating to race, religion, political affiliation and health). This is also known as ‘special category data’.

We may collect special category data if either the photograph or story you provide to us contain, for example, details of your health or the health of your loved ones during the COVID-19 pandemic.

2. Where we obtain your personal information

We collect and retain personal information about you where you have given this to us directly as part of the Campaign, in particular as part of the relevant form on our website.

We may collect personal information about you from third parties, for example if you appear in a photograph that another individual has uploaded as part of the Campaign.

3. How we use your personal information

We will use your personal information for the following purposes:

as part of the Campaign. In particular:
we will use your image, together with all the other images that are provided by other individuals, to create a mosaic that will form an image of the Prime Minister at a “lockdown party”, which we will publish on website, on social media, in the media – both online and in print – and on billboards; and
we may use quotations from your story on social media, media, and other online or news platforms, together with your first name and your constituency,

in each case to highlight the stark contrast between the fundamental (and in some cases traumatic) impact of COVID-19 and lockdown on the general public in the UK and the attitudes of Downing Street during the pandemic.

in the case of the details of your story that you provide, we may use this information to learn from your experiences to further develop our work and services.

We will not sell, distribute or disclose your information to third parties (except as referenced in Section 6 below).

4. Our lawful bases

We will only use personal information when the law allows us to (i.e., where we have a ‘lawful basis’).

In particular, we will ask for your consent to use your personal information as part of the Campaign before you provide that information. You can withdraw your consent and request us to remove your personal information at any time by emailing us at withdrawphotoconsent@38degrees.org.uk

NB As noted above, information is only personal information to the extent that it relates to an identifiable individual. In the case of our billboards, we do not expect that any individuals whose images make up the mosaic of the Prime Minister will be identifiable, because of the small size and low resolution of the relevant photographs. As such, when you withdraw your consent we will delete your personal information from our systems and from any online images where you can be identified, but not from billboards, where you cannot be identified.

We do not carry out any automated decision-making using personal information which produces legal effects or otherwise significantly affects individuals.

5. Retaining your personal information

We will not keep personal information for longer than necessary. The appropriate retention period will vary according to the intended purpose for which we collected the personal information.

We will remove the personal information that you provide to us as part of the Campaign within six years after the date it was collected, provided that we are not required to keep the information for longer, e.g. in accordance with a statutory retention period or to protect or defend our position or that of a third party. If you have any questions about our retention periods, please contact us at dataprotection@38degrees.org.uk.

6. How we share your personal information

We may share your personal information with third parties, including the following:

as noted above, we will publish your personal information, including your image online and on billboards (though, as noted, we do not expect any individuals to be identifiable on billboards);
with contractors, suppliers, or other third parties that provide services on our behalf (such as providers helping us to put the Campaign together);
with the press including social media, television and printed media outlets;
as part of a sale, merger or acquisition, or other transfer of all or part of our assets including as part of a bankruptcy proceeding;
pursuant to a subpoena, court order, or other legal process or as otherwise required or requested by law, regulation, or government authority programs, or to protect our rights or the rights or safety of third parties;
with our professional advisors, lawyers, accountants and auditors; or
with your consent or as otherwise disclosed at the time of data collection or sharing.

7. International data transfers

We may transfer your personal information to our third-party service providers based outside the UK. Where this is the case, we will only transfer your information to territories where the level of protection has been deemed to be adequate for the purposes of transferring personal information from the UK by way of an ‘Adequacy Decision’ or other international accord, or where we have executed the EU or UK Standard Contractual Clauses with the service provider who is receiving the information. Those Standard Contractual Clauses ensure that the personal information we transfer has an equivalent level of protection to that which is available in the UK. We can provide a copy of those safeguards upon request.

8. How we keep your personal information safe

To protect your privacy we will make sure your personal information is kept securely and disclosed only to relevant organisations or representatives who need to access it to perform their roles. While we seek to use appropriate organisational, technical and administrative measures to protect personal information within our organisation, unfortunately no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact us” section below.

9. Your rights

Under certain privacy laws, you have rights relating to your personal information. You may have a right to the following:

to request access to the personal information we hold about you;
to request that we rectify or erase your personal information;
to request that we restrict the processing of your personal information;
to object to our processing of your personal information in certain circumstances;
under certain circumstances, to ask us to port personal information about you that you have provided to us to you or to a third party; and
to withdraw consent to processing your personal information.

To exercise these rights, contact us via the “Contact us” section below. Please be aware that we may be unable to provide these rights to you under certain circumstances, for example if we are legally prevented from doing so or can rely on exemptions.

Additionally, you have the right to lodge a complaint against us, which you can do by contacting the supervisory authority in your country of residence. In the UK, this is the Information Commissioner’s Office at www.ico.org.uk/makeacomplaint.

10. Children’s Data

The Campaign is not intended to contain any children’s data, and we ask that you do not provide any personal information relating to children as part of the information that you provide to us.

11. Cookies

Our websites use cookies to enhance your experience while using those sites. Cookies are pieces of information that some websites transfer to the computer or device that is browsing that website and are used for record-keeping purposes at many websites. For further details about our use of cookies, please visit our Cookies Policy here.

12. Updates

This Notice may change from time to time – for example, to take into account changes at 38 Degrees or to reflect changes in regulation or legislation. It was last updated on 24.05.2022

Updates to this Notice will be posted on this page – please check back from time to time. We will also use reasonable efforts to inform you of any significant changes by email where appropriate.

13. Contact us

As noted above, you can withdraw your consent at any time by emailing us at withdrawphotoconsent@38degrees.org.uk

If you have any questions or concerns about this Privacy Notice or the way in which we handle your personal information more generally, please email our Data Protection Team at dataprotection@38degrees.org.uk and/or our wider team at emailtheteam@38degrees.org.uk.

You can also contact us at the following address:

38 Degrees
131 Finsbury Pavement
London
EC2A 1NT

You can contact our Data Protection Officer at dataprotectionofficer@38degrees.org.uk.