Privacy Policy

BASCA Trust Data Protection Policy and Procedures

1. POLICY STATEMENT

1.1
The privacy and data security of the people we work with and our supporters and volunteers is important. We enable people to be informed about and involved with the British Academy of Songwriters, Composers and Authors Trust (BASCA Trust, hereinafter “the Trust”) through our public education and grants projects, and our communications and fundraising activities. This statement explains how we use personal data for these purposes.

Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities we will collect, store and process personal data about our beneficiaries, volunteers, customers, suppliers and other third parties, and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation, thereby enabling us to carry out our charitable programmes.

2. ABOUT OUR POLICY

2.1
The types of personal data that the Trust may handle include information about current, past and prospective suppliers, customers, volunteers, grants beneficiaries, supporters, donors, and others that we communicate with (“data subjects”). The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the General Data Protection Regulation (“GDPR”).

2.2
This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources.

2.3
This policy does not form part of any employee’s contract of employment and may be amended at any time.

2.4
This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.

2.5
The Trust Administrator is responsible for ensuring compliance with GDPR and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Trust Administrator. See 15.1.

2.6
The Policy may change from time to time. Please visit this website section periodically in order to keep up to date with the changes in our Policy. Where appropriate, we will notify data subjects of changes by mail or email.

3. DEFINITION OF DATA PROTECTION TERMS

3.1
Data is information that is stored electronically, on a computer, or in certain paper-based filing systems.

3.2
Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.

3.3
Personal data is information relating to an identifiable living individual. Whenever personal data is processed, collected, recorded, stored or disposed of it must be done within the terms of the GDPR. Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.

3.4
Data controllers are the people who, or organisations that, determine the purposes for which, and the manner in which, any personal data, is processed. They are responsible for establishing practices and policies in line with the GDPR. The BASCA Trust is the data controller of all personal data used in our charity’s operation.

3.5
Data processors include any person or organisation that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers that handle personal data on BASCA Trust’s behalf.

3.6
Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

3.7
Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

4. DATA PROTECTION PRINCIPLES
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:

(a) Processed fairly and lawfully.
(b) Processed for limited purposes and in an appropriate way.
(c) Adequate, relevant and not excessive for the purpose.
(d) Accurate.
(e) Not kept longer than necessary for the purpose.
(f) Processed in line with data subjects’ rights.
(g) Secure.
(h) Not transferred to people or organisations situated in countries without adequate protection.

5. FAIR AND LAWFUL PROCESSING

5.1
The GDPR is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.

5.2
For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the GDPR. These include, among other things, the data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.

6. PROCESSING FOR LIMITED PURPOSES

6.1
In the course of our work, we may collect and process the personal data set out in the Schedule annexed to this policy. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, companies we use to deliver our charitable services such as ticket providers to our events).

6.2
We will only process personal data for the specific purposes set out in the Schedule or for any other purposes specifically permitted by the GDPR. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.

7. NOTIFYING DATA SUBJECTS

7.1
If we collect personal data directly from data subjects, we will inform them about:
(a) The purpose or purposes for which we intend to process that personal data.
(b) The types of third parties, if any, with which we will share or to which we will disclose that personal data.
(c) The means, if any, with which data subjects can limit our use and disclosure of their personal data.

7.2
If we receive personal data about a data subject from other sources, we will provide the data subject with this information as soon as possible thereafter.

7.3
We will also inform data subjects whose personal data we process that we are the data controller with regard to that data.

8. ADEQUATE, RELEVANT AND NON-EXCESSIVE PROCESSING
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.

9. ACCURATE DATA
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data. Where the data subject is providing the data, for example filling out an event ticket order form, we will assume the data subject is providing accurate personal data.

10. TIMELY PROCESSING
We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. Third parties who gather data on our behalf, for example event ticket providers or research companies, are also subject to the same GDPR requirements for timely processing.

11. PROCESSING IN LINE WITH DATA SUBJECT’S RIGHTS
We will process all personal data in line with data subjects’ rights, in particular their right to:
(a) Request access to any data held about them by a data controller (see also Clause 15).
(b) Prevent the processing of their data for direct-marketing purposes.
(c) Ask to have inaccurate data amended (see also Clause 9).
(d) Prevent processing that is likely to cause damage or distress to themselves or anyone else.

12. DATA SECURITY

12.1
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

12.2
We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. The Trust website is on a UK-based encrypted https server. Personal data entered using contact forms or sign-up lists on the website are stored on that encrypted server and deleted as soon as no longer needed. Personal data held by the Trust is stored on a password-protected server at the Trust’s office. The data is backed-up daily and a copy made weekly to a separate hard drive kept in a fireproof safe. Electronic files, including personal data, are accessible only by the Trust Administrator, the IT manager, and a designated trustee of the Trust. Paper files, including any containing personal data, are stored in a locked file cabinet accessible only by the Trust Administrator. Paper files with personal data no longer needed are immediately placed in a secure shredding facility.

12.3
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
(a) Confidentiality means that only people who are authorised to use the data can access it.
(b) Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
(c) Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data is stored on one central computer drive at our address. The computer drive is held under double-lock and key and is backed up nightly. Once a week, an additional back up to hard drive is made and this drive is kept in fire proof safe.

12.4
Security procedures include:
(a) Entry controls. Any stranger seen in entry-controlled areas should be reported.
(b) Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
(c) Methods of disposal. Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
(d) Equipment. Data users must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

13. TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA

13.1
We may transfer any personal data we hold to a country outside the European Economic Area (”EEA”), provided that one of the following conditions applies:
(a) The country to which the personal data are transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
(b) The data subject has given his consent.
(c) The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
(d) The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.
(e) The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.

13.2
Subject to the requirements in Clause 12.1 above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. That staff maybe engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.

14. DISCLOSURE AND SHARING OF PERSONAL INFORMATION

The table SCHEDULE – PERSONAL DATA BY TYPE OF INTERACTION WITH THE TRUST below describes any sharing of personal data based on the specific type of interaction.

15. DEALING WITH SUBJECT ACCESS REQUESTS

15.1
Data subjects must make a formal request for information we hold about them. This must be made in writing. Trustees who receive a written request should forward it to the Trust Administrator immediately.

To contact the Trust Administrator:
The Administrator
BASCA Trust
2 Pancras Square
London N1C 4 AG
info@bascatrust.org.uk
020 7636 2929

15.2
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
(a) We will check the caller’s identity to make sure information is only given to a person who is entitled to it.
(b) We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.

15.3
Our employees or contractors will refer a request to the BASCA Trust board of trustees for assistance in difficult situations. Employees or contractors should not be bullied into disclosing personal information.

16. Cookies

16.1
‘Cookies’ are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. Essentially it takes the form of a small text file deposited on your computer’s hard drive. The British Academy of Songwriters, Composers and Authors Trust uses cookies to ensure that you can interact with our web sites successfully, to identify you when you visit our web sites and to keep track of your browsing patterns. The use of cookies does not give us access to the rest of your computer. If you want to prevent our cookies being stored on your computer in future, you may do so by referring to your internet browser’s instructions. You can do this by clicking on the “Help” menu. Please note however that if you disable our cookies you may not be able to access certain services or facilities on our sites and your use of our sites may be restricted. Further information on deleting or controlling cookies is available at www.AboutCookies.org.

16.2
Third Party Cookies. Some of our pages contain embedded content, such as videos on Vimeo. Our Donate button will take you to our donate page managed by Charities Aid Foundation (CAF). Our TEXT to donate and other fundraising services are delivered by the National Funding Scheme (“DONATE”). If you use these sites or services, you may receive cookies delivered from their websites. The BASCA Trust does not govern the publication of third-party cookies. To understand more about these third party cookies and their privacy policies, please visit the source hosting sites (e.g. Vimeo, Charities Aid Foundation, National Funding Scheme).

17. CHANGES TO THIS POLICY
The Policy may change from time to time. Please visit this website section periodically in order to keep up to date with the changes in our Policy. Where appropriate, we will notify data subjects of changes by mail or email.

SCHEDULE – PERSONAL DATA BY TYPE OF INTERACTION WITH THE TRUST

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

David Ferguson Lecture Ticket Buyers and invited guests

  • Name and address
  • e-mail address
  • title and affiliated organization (in the case of invited guests)
  • mobile phone number
  • ticket type (full price, student, invited guest)
  • Amount paid
  • How you heard about the event

Note: The ticketing is hosted by a third party company called EventBrite which has its own privacy policy. We do not collect or store credit card information. This is collected by Eventbrite and not shared with the Trust.

Supplied by each individual when they submit an order for a ticket on the lecture site managed by Eventbrite.

In the case of invited guests, they are mainly people in partner charities and organizations and personal acquiantances and family members of the late David Ferguson.

To issue tickets for people to attend the lecture, to send reminders and notify buyers should the event change.

The personal data is also used to help us understand where our event attendees come from regionally and what type of ticket they buy. We also use e-mail addressed to request a follow-up evaluation after the event.

Aggregate data, not personally identifiable information, is shared with the trustees so they make decisions about future charitable activities.

Data is stored on secure server with password access only by the Trust Administrator and a designated trustee.

We delete personal data within 6 months of the event unless the person opts-in to be put on our email update list (see below).

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

Writer Producer Fund Grant applicants and beneficiaries

  • Name and address
  • Age (includes “prefer not to say” option)
  • Gender (includes “do not wish to say” option)
  • phone number
  • e-mail address
  • type of music created
  • region originally from
  • grant amount sought
  • genre of music
  • type of activity grant will cover
  • Performing Rights Society membership number
  • Member of BASCA (y/n)
  • Are you a songwriter? (y/n)
  • Other description (any additional information the applicant wishes to provide)
  • Will the grant cover any international activity? (y/n)

Sensitive personal information

Ethnicity (includes “Not known/prefer not to answer” option)

The data is supplied in electronic form to the Trust by PRS Foundation which manages the Writer Producer Fund and the application process. Each applicant to the Fund completes an online application form which is on the PRS Foundation website. The application form makes it clear that the applicant’s information may be shared with the BASCA Trust.

The Trust contributes funds to the Writer Producer Fund. We need to ensure our funds are being used in accordance with the Trust’s legal aims and that the application process is fair and open to qualified applicants.

The list of applicants is shared with the Trust’s trustees for the purpose of their overseeing, and being accountable for, the Trust’s financial activities, including grant making. Trustees do not share the data with anyone else.

Trustees always delete the information from their computers as soon as satisfied the Trust’s activities are being properly carried out through the administration of the Writer Producer Fund. If any of the above personal information is printed out, the printouts are seen solely by the Trust trustees and are then destroyed using a confidential waste data destruction service provider.

The information is provided to the BASCA Trust Administrator in electronic form by the PRS Foundation’s Writer Producer Fund Manager. The data is stored on a secure computer in the Trust’s office in London.

For applicants who received funding, we may keep personal data for up to 6 years. This is the period designated by the Charities Act for charities to retain information about financial transactions.

Applicants who did not receive funding, we will delete all personal data within a year of their application.

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

Online David Ferguson Lecture evaluation survey

  • Name
  • E-mail address
  • Type of music work you do
  • Comments and opinions about the event

Note: The survey is hosted by a third party company called SurveyMonkey which has its own privacy policy.

Supplied by each individual when they submit their survey responses.

The answers and comments you provide, are used in aggregate to prepare a report that evaluates the effectiveness of the lecture as a charitable, education activity. None of the ranking scores you make or comments you write will be identifiable to you personally unless you specifically state that you do wish a comment or score to be attributed to you.

BASCA Trust trustees only.

The source data is held by SurveyMonkey. Where the Trust processes that data, it is stored on secure server with password access only by the Trust Administrator and a designated trustee.

Approximately 3 months after the close of the survey. After the lecture evaluation report is made to the trustees, we delete the survey and all your information you entered, including your personal information.

At the end of the survey, you are given an option to be added to our email list for the purpose of receiving occasional email updates and news about the Trust’s charitable activities and fundraising appeals. If you check this box, we add your name and email address only to our central mailing list.

Online David Ferguson Lecture evaluation survey

  • Name
  • E-mail address
  • Type of music work you do
  • Comments and opinions about the event

Note: The survey is hosted by a third party company called SurveyMonkey which has its own privacy policy.

Supplied by each individual when they submit their survey responses.

The answers and comments you provide, are used in aggregate to prepare a report that evaluates the effectiveness of the lecture as a charitable, education activity. None of the ranking scores you make or comments you write will be identifiable to you personally unless you specifically state that you do wish a comment or score to be attributed to you.

BASCA Trust trustees only.

The source data is held by SurveyMonkey. Where the Trust processes that data, it is stored on secure server with password access only by the Trust Administrator and a designated trustee.

Approximately 3 months after the close of the survey. After the lecture evaluation report is made to the trustees, we delete the survey and all your information you entered, including your personal information.

At the end of the survey, you are given an option to be added to our email list for the purpose of receiving occasional email updates and news about the Trust’s charitable activities and fundraising appeals. If you check this box, we add your name and email address only to our central mailing list.

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

Email updates recipients

  • Name
  • e-mail address

(i) On a list to receive emails about the David Ferguson Lecture. You will have opted in by responding to an email from us asking you to let us know if you wish to receive occasional email updates. You will have received the email because you attended the David Ferguson Lecture.

(ii) On a list to receive emails about the David Ferguson Lecture, other Trust project activities and related information, and fundraising appeals. You will have opted in either by filling out a card at the David Ferguson Lecture or by checking the box on the online Lecture Evaluation Survey (see above) requesting your name and email be added to our email updates list.

To send you the correct information.

As legal guardians of the charity, Trustees can request to see the email list. However, in the normal course of business, no one but the Trust Administrator sees the data.

The personal data is used to send out e-mail communications to the recipients. This is done by BCC so that recipients do not see any other personal emails or names.

Data is stored on secure server with password access only by the Trust Administrator and a designated trustee.

We keep the personal data for as long as needed to send you the information or until you request otherwise.

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

People who contact the Trust by phone, letter, email or online form

  • Name
  • e-mail address
  • Other personal information provided at their own choice by the data subject in the text box, email or letter (e.g., occupation, current circumstances, phone number, address, etc.).

Provided by the data subject.

If you use our online contact form on our website, you are asked to supply your name, email address, subject, and message. This is to filter out SPAM and also to be able to respond to your inquiry.

The Trust Administrator handles inquiries directly with each data subject. We will only forward your personal information to someone else with your express permission.

Office computer. This is a password-protected server (see Security 12 in our policy above).

When you use our online form, the information you send is secure as our website is housed on an https encrypted server in the UK which is provided by Fasthosts, a company specialising in providing website hosting services. The information is e-mailed to the Trust Administrator who then responds to the data subject and deletes the inquiry and the personal data from the website server.

Unless required by law to do otherwise, we will keep this personal information only for as long as needed to fulfill your request and any follow-up correspondence about the matter. Once the correspondence is concluded, and unless you ask us to add your name and email to our mailing list, we delete your personal information.

Personal data collected
How do we obtain this data?
Why do we need this data?
Who do we share the data with?
How stored and for how long

Digital Donations

  • name and address

This is only collected by the Trust if you wish us to benefit from GiftAid 

  • Name and address
  • e-mail address

This is only collected by the Trust if you check one of the boxes to receive updates from the Trust about our activities. The Trust does not hold your credit card, PayPal or bank information. That is collected and held by CAF or DONATE and not shared with the Trust.

Our philanthropic services are provided by Charities Aid Foundation (CAF) and the National Funding Scheme (“DONATE”). Both are charities that help people and businesses support the causes they care about and provide charities like ours with financial and fundraising services. When you make a donation through the Trust’s website or using a fundraising flyer, the transaction is processed by CAF or DONATE. Your personal information such as name, address, email, phone number, credit card details is held by those providers on their secure, https encrypted websites.

To properly receive and acknowledge your donation, receive Gift Aid or send you the information you request.

Only the Trust Administrator and trustees.

In the case of name, address and email should donor request it to be shared with the Trust, this is stored on a secure server with password access only by the Trust Administrator and a designated trustee.

For as long as required under charity law (6 years) and to fulfil the donor’s request (e.g. send them email updates) or claim Gift Aid or until requested to be removed by the donor.