PUSH ENTERTAINMEPUSH ENTERTAINMENT LIMITED
PRIVACY NOTICE FOR OUR WEBSITES PUSHENTERTAINMENT.COM and CIRKAY.COM
This is the privacy notice for the website/s PUSHENTERTAINMENT.COM and CIRKAY.COM (Site) owned and operated by PUSH ENTERTAINMENT LIMITED.
PUSH ENTERTAINMENT LIMITED respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in the numbered sections set out below, and you can click through to any of the headings listed.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how PUSH ENTERTAINMENT LIMITED collects and processes your personal data through your use of this Site, including any data you may provide through this Site when you access it or complete any online form, such as signing up to a newsletter or similar service.
This Site is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
PUSH ENTERTAINMENT LIMITED is the controller and responsible for your personal data (collectively referred to as “PUSH”, “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.
Our full CONTACT DETAILS are:
PUSH ENTERTAINMENT LIMITED
Contact our data privacy manager at:
Email address: [email protected]
Postal address: Alpha House, 4 Greek Street, Stockport SK3 8AB (c/o Booth Ainsworth LLP).
Telephone number: 01225 300185
For those who are based in the European Union, Osano International Compliance has been appointed as our EU Representative. If you wish to exercise your rights under the EU GDPR, or have any queries in relation to your rights or general privacy matters please use the contact details below:
Osano International Compliance Services Limited
25/28 North Wall Quay
Dublin 1, D01 H104
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. We would, however, welcome the opportunity to address your concerns before you approach the ICO so please contact us in the first instance.
You can find the ICO here www.ico.org.uk
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated in April 2022 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username or similar identifier.
- Contact Data includes email address and telephone numbers.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Site.
- Usage Data includes information about how you use our Site.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (for example 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 criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you; (i) initiate contact with us to hear further from us or receive a service from us; (ii) subscribe to any of our updates or newsletters; (iii) request marketing to be sent to you; or (iv) give us some feedback.
- Third parties. We may receive personal data about in the form of Technical Data and Usage Data from analytics providers such as Google Analytics based outside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
The Table below sets out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending you more information about us where you have expressly chosen to receive such information, or you pursue another form of direct communication with us (such as a Skype meeting) – or in respect of third party direct marketing communications to you via email or text message.
Consent means that you have given us your clear consent to use your personal data for the purposes indicated (for example to get in touch with you where you have completed a contact form and opted in to hear further from us.
You have the right to withdraw consent to such marketing at any time by contacting us.
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 basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one basis has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a person interested in us and/or our services, or as a new customer and to contact you in the manner indicated by our contact form||(a) Identity |
|(a) Consent |
(b) Performance of a contract with you
(c) Transaction (d) Marketing and Communications
|(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, to pursue sales leads, to maintain and improve the services we offer, how we present them and to study how engaging our Site is to visitors and/or users)
|To administer and protect our business and our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity |
|(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)(b) Necessary to comply with a legal obligation|
|To deliver relevant Site content to you and measure or understand the effectiveness of the content and marketing we provide and carry out with you||(a) Identity|
(d) Marketing and Communications (e) Technical
|Necessary for our legitimate interests (to study how potential customers and how clients engage with our services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences||(a) Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about services that may be of interest to you||(a) Identity|
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
AUTOMATED DECISION MAKING
We do not use any form of automated decision-making.
Our objective is to enable you to make choices around certain personal data uses, particularly around marketing and advertising. You can contact us in relation to these at any time.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and we refer to this generally as marketing.
You will receive marketing communications from us if you have requested information from us or have expressly consented to receive them or to be contacted by us by completing a contact form on our Site in relation to which we have asked you to “opt-in”, or in the course of purchasing products from us (or if you provided us with your details when you registered for a promotion) and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside us for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a services agreement you have with us or other transaction.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
Specific External third parties such as;
- MailChimp (The Rocket Science Group, LLC.)
MailChimp provides an email address management service, automation and marketing platform (message sending) and related services, and is a trade name of The Rocket Science Group, LLC.
We use these services to manage our contacts database which includes Contact and Marketing and Communications Data for example.
Eluv.io provides a block chain based content distribution platform and partners with Push on our Cirkay platform and NFT Marketplace.
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 notice.
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.
6. INTERNATIONAL TRANSFERS
As referred to in section 5 above, several of our external third parties are based outside the UK so their processing of your personal data will, in limited circumstances, involve a transfer of data outside the UK (as well as the EU).
Whenever we transfer your personal data out of the UK, we follow the guidance of the ICO’s INTERNATIONAL DATA TRANSFER AGREEMENT AND GUIDANCE and we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. This will include countries in the EEA. For further details please contact us.
- Where we use certain service providers as referred to in section 5 above, we may use specific contracts approved for use in the UK which give personal data the same or substantially similar protection to that which it has in the UK under the usage terms we have with such service providers. In some limited cases, these may not provide you with full recourse – for example you should be aware that the US offers levels of protection below those of the UK, EEA countries and Canada and that the service provider may not offer further guarantee to address that deficit, so it is possible that government agencies can access your personal data through the transmission without you having any legal recourse. For further details please contact us.
(A) Google has stated (amongst other things) that it complies with GDPR in meeting certain conditions prior to transfer of personal data outside of the UK, the EEA and Switzerland, and to do this relies on EU Commission approved Standard Contractual Clauses for relevant transfers in its Ads and measurement products. It also uses these as a transfer mechanism in respect of Google Cloud.
Google’s general policies can be found here; https://privacy.google.com/businesses/compliance/?hl=en_US
(B) Mailchimp has stated (amongst other things) that as set out through use of its Data Protection Addendum it maintains compliance with UK regulation and EU GDPR regarding the collection, use, and retention of personal information from data subjects in the UK, the EEA and Switzerland. Mailchimp is headquartered in the US and sends personal data there including using the services of subprocessors. mailchimp also states that it takes all steps necessary to ensure that its agreements with its third-party international vendors (including sub-processors) contain appropriate commitments from such third parties regarding the transfer and processing of European personal data outside the EEA and that it implements an appropriate and lawful data transfer mechanism (such as the Standard Contractual Clauses) and additional safeguards as necessary. Mailchimp states that it also continues to honour its Privacy Shield related commitments enabling data subject rights of redress against Mailchimp. You should be aware however that the US offers levels of protection below those of the UK and EEA countries so it is possible that US government agencies can access your personal data through the transmission without you having any legal recourse; in this regard Mailchimp states that such information requests have in the past been received by it and that these are noted in its annual transparency report accessible via its online transfers policy here: https://mailchimp.com/help/mailchimp-european-data-transfers/
Mailchimp’s general policies can be found here: https://mailchimp.com/legal/privacy/
(C) Zendesk has states (amongst other things) that if you are located in the UK (or in the EEA) that it has adopted Binding Corporate Rules that have been authorised by the EU data protection authorities, and which enable it to transfer personal data lawfully from EEA member states to other Zendesk Group companies around the world, and that it also uses Standard Contractual Terms. Its policies can be seen here: https://www.zendesk.co.uk/company/customers-partners/privacy-policy/
(D) Eluv.io states (amongst other things) that if you are located in the UK it may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract
Exercising of Your GDPR Data Protection Rights – You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EEA.
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.
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.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see section 9 below in respect of requesting erasure 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 data protection laws in relation to your personal data. These rights include the following types if “request”:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
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 and to check that we are lawfully processing it.
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. 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 local law. 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.
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. 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.