- London Firebird Orchestra (we, us, our or the orchestra) can only operate with the support of the musicians who conduct or perform at our concerts, the soloists who play or sing with us, the composers who write music for us, and the volunteers who give their time to the administration of the orchestra and the running of our concerts and events (we’ll use the terms supporter, you and yours to cover all these great people).
- The orchestra therefore takes the security and privacy of supporters’ data seriously. We need to gather and use information or ‘data’ about you as part of running the orchestra and to manage our relationship with you. We comply with the Data Protection Act 2018 (DPA 2018) and the EU General Data Protection Regulation (GDPR) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
- This policy applies to current and former supporters, consultants and workers. If you fall into one of these categories, then you are a data subject for the purposes of this policy.
- The orchestra is a data controller for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
- This policy explains how we will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, as part of or on behalf of, the orchestra.
- Data Protection Principles
- Personal data must:
- be processed fairly, lawfully and transparently;
- be collected and processed only for specified, explicit and legitimate purposes;
- be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
- be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
- not be kept for longer than is necessary for the purposes for which it is processed; and
- be processed securely.
- Personal data must:
We are accountable for these principles and must be able to show that we are compliant.
- How we define personal data
- Personal data means information which relates to a living person who can be identified from that data (a data subject) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
- This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
- This personal data might be provided to us by you, or someone else (such as your music college or other ensembles), or it could be created by us. It could be provided or created during the process of bringing you in as a supporter, while you are a supporter or after you ease to be. It could be created by the orchestra management or other supporters.
- We will collect and use the following types of personal data about you:
- your name, contact details and date of birth;
- the contact details for your emergency contacts;
- your gender;
- your bank details and information in relation to your tax status including your national insurance number;
- information relating to your performance as a supporter;
- for musicians, soloists, composers and conductors:
- information about your education and training and experience, references, qualifications and membership of any professional bodies and details of any auditions or tests we ask you to do;
- photographs and audio/video recordings of your performances (or performance of your composition);
- interviews we may conduct with you for the purpose of promoting the orchestra or particular concerts and any biographical details you share with us for publication; and
- any other category of personal data which we may notify you of from time to time.
- How we define personal data
- Special categories of personal data
We do not hold any special categories of your personal data.
- How we define processing
- Processing means any operation which is performed on personal data such as:
- collection, recording, organisation, structuring or storage;
- adaption or alteration;
- retrieval, consultation or use;
- disclosure by transmission, dissemination or otherwise making available;
- alignment or combination; and
- restriction, destruction or erasure.
- This includes processing personal data which forms part of a filing system and any automated processing.
- Processing means any operation which is performed on personal data such as:
- How will we process your personal data?
- We will process your personal data in accordance with the DPA 2018.
- We will use your personal data for:
- performing the contract of employment (or services) between us;
- complying with any legal obligation; or
- if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.
- We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.
- If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from.
- Examples of when we might process your personal data
- We have to process your personal data in various situations before, during and after your time as a supporter.
- For example:
- to decide whether to engage with you as a supporter;
- to check you have the legal right to work with us;
- to carry out the arrangement between us;
- to monitor diversity and equal opportunities;
- to monitor and protect the security (including network security) of the orchestra and our events;
- to pay you and fees due to you (and to pay any tax);
- promoting and running the orchestra and planning for the future; and
- for any other reason which we may notify you of from time to time.
- We do not take automated decisions about you using your personal data or use profiling in relation to you.
- Sharing your personal data
- We may share your personal data with our contractors, venues and concert-goers (such as to credit a musician or conductor) and agents to carry out our obligations under our arrangements with you or for our legitimate interests.
- Save where your personal data is intended to be publicised (for example in relation to a concert you are conducting or performing at), we require recipients to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.
- We do not send your personal data outside the European Economic Area.
- How should you process the orchestra’s personal data?
- Our data protection manager, Rory Graham, is responsible for reviewing this policy and updating the Board of Trustees on the orchestra’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to him.
- You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the orchestra and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.
- Please comply with the Data Security Checklist at the end of this policy, so far as it applies to your role as a supporter – if you are in doubt, please ask the data protection manager.
- It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below).
- How to deal with data breaches
- We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.
- If you are aware of a data breach you must contact Rory Graham or Marc Corbett-Weaver immediately and keep any evidence you have in relation to the breach.
- Subject access requests
- Data subjects can make a written subject access request (SAR) to find out the information we hold about them. If you receive such a request you should forward it immediately to the data protection manager who will coordinate a response.
- If you would like to make a SAR in relation to your own personal data you should make this in writing to Rory Graham. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.
- There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
- Your data subject rights
- You have the right to information about what personal data we process, how and on what basis as set out in this policy.
- You have the right to access your own personal data by way of a subject access request (see above).
- You can correct any inaccuracies in your personal data. To do you should contact the data protection manager.
- You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact the data protection manager.
- While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact the data protection manager.
- You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
- You have the right to object if we process your personal data for the purposes of direct marketing.
- You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
- With some exceptions, you have the right not to be subjected to automated decision-making.
- You have the right to be notified of a data security breach concerning your personal data.
- In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the data protection manager.
- You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.
Artistic Director and Chief Executive
Trustee, Hon Solicitor and Data Protection Manager
Data Security Checklist
- You should not share personal data informally.
- You should keep personal data secure and not share it with unauthorised people.
- You should regularly review and update personal data which you have to deal with for us. This includes telling us if your own contact details change.
- You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.
- You should use strong passwords.
- You should lock your computer screens when not at your desk.
- Do not save personal data to your own personal computers or other devices.
- Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the data protection manager.
- You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.
- You should not take personal data away from orchestra’s office without authorisation from Marc Corbett-Weaver or the data protection manager.
- Personal data should be shredded and disposed of securely when you have finished with it.
You should ask for help from our data protection manager if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.