2. What Does This Policy Cover
This Policy applies to your use of our Site and other services, whether as a visitor to our Site (“Visitor”) or as a registered user (“User”), including a freelance artist or studio that provides their CGI services through our Site (“Heroes”). This Policy explains how we process your personal data: how it is collected, how it is stored, and who it may be shared with. It also explains your rights under the law relating to your personal data.
Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
3. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that, on its own, or when combined with other information, enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also online identifiers.
4. What Personal Data Do We Collect?
Information you may choose to give us
– full name;
– contact details, e.g. email address and/or telephone number ;
– business name, profession and/or job title;
– username (if different from full name);
– whether you are over a certain age (e.g. not a minor);
– address or part of your address, e.g. city or country;
– registration details;
– profile picture;
– Hero summary;
– skills and technical abilities;
– your artwork / portfolios and any descriptions;
– project involvement and use of our services;
– conversation history;
– your accessibility, i.e. whether you are currently unavailable (and for how long) ;
– payment information, e.g. PayPal or Payoneer details or bank account details ;
– information about your request;
– feedback that you may provide on our services, an Hero or a CGHero client, including testimonial ;
– ratings and rating descriptions that may be provided about you ;
– support requests;
– preferences and interests.
If you are a Hero, some of your information (e.g. name, Hero summary, skills and technical abilities, artwork / portfolios and other descriptive information) will be displayed publicly on our Site. The level of information visible to a visitor of our Site will differ depending on whether they are a Visitor or a User.
We do not request information classed as ‘special categories of personal data’ under the GDPR (see ICO Guidance on special categories of personal data). If you choose to provide us with this information as part of your Hero summary you acknowledge that this may be included within the information displayed publicly, as detailed above.
Note that if you decide not to provide us with certain personal data this may impact upon our ability to provide you with our services or Site.
Information we collect automatically
The information we collect may include your IP address, your interactions with the Site and our services (e.g. date of your visit, pages visited, length of time spent on our Site etc.), referring URL, browser, device, operating system and Internet Service Provider.
Information we obtain from third parties
Your personal data may be obtained from third parties, such as social media companies (the information you have made available through such channels or where you choose to link this to your CGHero account), other companies that hold your publicly or commercially accessible data, companies that provide us with payment services, other companies that we have partnered with to provide our services or individuals who (with your consent) share your personal data with us.
5. How Do We Use Your Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary in order to enter into or perform a contract with you, because you have consented to our use of your personal data (you can always withdraw your consent), or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following legitimate business purposes:
– supplying our services to you. Your personal details are required in order for us to enter into a contract with you;
– providing and managing your access to our Site;
– providing and managing your account / User profile;
– promoting our Heroes (by publishing some User profile information on our Site) ;
– communicating with you. This may include responding to emails, calls or other messages from you, letting you know when you have received a private message through the Site or that there is a new project that you may be interested in, providing you with project updates, providing you with reviews and project feedback, informing you of your account balance etc. ;
– supplying you with project information by email that you have opted-in to receive (you may opt-out of receiving certain information through your email settings in your account) ;
– personalising and tailoring our services for you;
– dealing with any support queries;
– analysing your use of our Site and gathering feedback to enable us to continually improve our Site and your Visitor / User experience.
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
6. How Long Will We Keep Your Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected, as set out in this Policy. In determining for how long we will retain your personal data, we take into account certain factors, such as the length of time since our last interaction with you and whether we are required to retain the information for a certain period under applicable laws, e.g. financial transaction data.
7. How and Where Do We Store or Transfer Your Personal Data?
We store your personal data on servers located in the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). We may also store or transfer some or all of your personal data to countries that are not part of the EEA. These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the EEA and under the GDPR.
Where we transfer your data to a third party based in the US, this may be protected if the third party is signed up to the EU-US Privacy Shield. If so, that third party is required to provide data protection to standards similar to the levels of data protection in Europe. More information is available from the European Commission.
Please contact us using the details below in Part 13 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.
8. Do We Share Your Personal Data?
In some limited circumstances we may be legally required to share your personal data. For example, if we are involved in legal proceedings or if we need to comply with legal obligations, a court order, or the instructions of a government authority.
In addition, we may sometimes contract with third parties (including parties located outside of the EEA) to supply products and/or services to us or to you on our behalf . These may include payment processing, project management tools and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.
9. What Are Your Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
A) The right to be informed about our collection and use of your personal data. This Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details below;
B) The right to access the personal data we hold about you. We set out below how you can do this;
C) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details below to find out more;
D) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details below to find out more;
E) The right to restrict the processing of your personal data on certain grounds;
F) The right to object to us using your personal data for a particular purpose or purposes;
G) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases;
H) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided below.
Further information about your rights can also be obtained from the Information Commissioner’s Office.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
10. How Can I Control My Personal Data?
In addition to your rights under the GDPR, set out above, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving marketing emails from us which you may do by unsubscribing using the links provided in our marketing emails, at the point of providing your details or by contacting us at email@example.com).
11. How Can I Control My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown below.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
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13. How Do You Contact Us?
To contact us about anything to do with your personal data, data protection, cookies, or to make a request in relation to your data, please use the following details: