Privacy Policy

PRIVACY POLICY

Introduction

This privacy policy applies to your use of our website, www.upper.film (the “Website”).

Upper Studio Ltd. (“Upper Studio”, “we”, “us”, “our”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our Website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. If you just want to know about how we use cookies, please see the Cookies Policy section for more information.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Upper Studio collects and processes your personal data. That includes any personal data you may provide through our Website, when you email us, where you sign up to receive marketing communications or download a report.

Our website is not intended for children (under the age of 13) and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 policy supplements other notices and privacy policies and is not intended to override them.

Who are we?

Upper Studio is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

How to contact us

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Full name of legal entity: Upper Studio Limited

Email address: info@upper.film

Postal address: Upper, First Floor, 18 East Tenter Street E1 8DN, London

You have the right to make a complaint to a supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority so please contact us in the first instance.

Our supervisory authority in the United Kingdom (UK) is the Information Commissioner’s Office (ICO) (www.ico.org.uk).

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. We will notify you of any changes by posting the new privacy policy on this page. You are advised to review this privacy policy periodically for any changes. This version was last updated in November 2021.

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.

Third-party links

This Website 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 Website, we encourage you to read the privacy policy of every website you visit.

What information do 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 as follows:

Contact Data includes your name, job title, company details, email address and telephone number.
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 this Website.
Usage Data includes information about how you use our Website.
Marketing and Communications Data includes your interests, 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 could be derived from your personal data but is not considered personal data in law as this data will 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 policy.

We do not collect any special categories of personal data about you (this includes 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 reports, information or services). In this case, we may have to cancel an order you have with us, but we will notify you if this is the case at the time.

How do we collect your personal data?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your personal data by filling in forms on our Website, including personal data you provide when you sign up to receive marketing communications, fill out an enquiry form or download a report, in person at an event, or when you email us.
Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see the Cookies Policy section for more information.
Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
analytics providers;
advertising and social networks, e.g. Instagram, Facebook, LinkedIn;
search information providers; and
providers of website hosting services.

How do 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 have your consent.
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 obligation.

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 lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please contact us if you need details about the specific lawful basis we are relying on to process your personal data where more than one ground has been set out in the table below.

READ TABLE BELOW

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To send you a report if you request one via our website

•Contact
•Technical
•Marketing and Communications

On the basis of your consent

To respond to your enquiry

•Contact
•Technical
•Marketing and Communications
•Necessary for our legitimate interests (to develop and grow our business, and provide good client services)
•Performance of a contract with you

To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

•Contact
•Technical
•Usage
•Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
•Necessary to comply with a legal obligation

To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

•Contact
•Technical
•Usage
•Marketing and Communications
•On the basis of your consent
•Necessary for our legitimate interests (to assess customer trends, to develop and grow our business and to inform our marketing strategy)

To use data analytics to improve our Website, collections, marketing, customer relationships and experiences

•Contact
•Technical
•Usage
•Marketing and Communications
On the basis of your consent

Necessary for our legitimate interests (to define types of customers for our services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)

To send you marketing about services or content that we think you may need or be interested in, where you have signed up to receive these on our Website

•Contact
•Technical
•Usage
•Marketing and Communications
•· On the basis of your consent
•Necessary for our legitimate interests (to develop and grow our business)

To deliver advertisements to you via Facebook or Instagram using Facebook Custom and Lookalike Audiences.

•Contact
•Technical
•Usage
•Marketing and Communications
•On the basis of your consent
•Necessary for our legitimate interests (to develop and grow our business)

To comply with our legal obligations in connection with:

Data protection.
Tax.
Health and safety.
Anti-money laundering.
Anti-discrimination.
Mandatory reporting obligations.
Disclosures required by law enforcement agencies.
Fraud investigations.
Any other legal obligations placed on us from time to time.

Any relevant type

Necessary to comply with a legal obligation

To deal with legal disputes, including bringing or defending legal claims

Any relevant type

Necessary for our legitimate interests (to defend and enforce our rights)

How to unsubscribe from marketing

Marketing emails

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing email sent to you or by contacting us at any time using the Contact Details in Section 1 set out above.

Facebook Custom and Lookalike Audiences

If you don’t want us to use your personal data for Facebook Custom Audiences you can ask us to stop by contacting us at any time using the Contact Details in Section 1 set out above, or please see the Cookies Policy section for how to change your cookie preferences.

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.

Who might we share your personal data with?

We may share your personal data with the following third parties for the purposes set out in the table above.

Service providers who provide IT, system administration and website hosting services.
Analytics and search engine providers who assist us in the improvement and optimisation of our site.
Marketing service providers.

We may also share your personal data with third parties in the following circumstances:

Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
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 policy.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, our regulator, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention of money laundering and credit risk reduction.

Do we transfer your personal data outside UK?

We may transfer your personal data outside the UK. We will only do so if adequate protection measures are in place in compliance with the applicable data protection laws. We use the following protection measures:

transferring to countries that have been deemed to provide an adequate level of protection; or
using approved model contractual clauses.

How do we keep your personal data secure?

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.

How long do we keep hold of your personal data?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

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.

In some circumstances we will 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.

What are your legal rights?

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a "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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
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:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- 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 goods 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 using the contact details above.

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 could 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 could 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.

If you wish to exercise any of the rights above

Please contact us using the Contact Details set out in Section 1 above. No fee usually required.

2. How we collect your information

Depending on the nature of the relationship you have with XX, we may collect your personal information, directly or indirectly, in various ways when you:

Fill in a form (paper or electronic) received in a physical store .
Visit our website, online applications or open our emails (e.g. through cookies or similar technologies).
Interact with our sales advisers on each visit to a physical store of XX.
Contact us directly by email, phone, post, message (instant messaging applications), via our website, web form, or by any other means.
Interact with any of our online checkouts.

Purchase online products from us.We may collect information on third-party sites (e.g. Facebook, Instagram, etc.) when, for example, you give us an opinion or comment about our products and services.

Finally, we also collect information we receive from other sources. We are indeed working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services) who may share information with us.

3. The information we collect

We collect and process the following data about you when you access, interact, or operate with the website and/or services and products.

Personal identification data (including surname(s), given name(s), email, phone number, date of birth, postal address, delivery address, country of residence, and optionally your passport number as part of a tax-free procedure), e.g. when you fill in a form in a physical store; when you purchase a product on our website; to verify your email address to help prevent spam, fraud, and abuse; to send you information about XX products and services that can enhance your use of the service; to communicate with you.
Technical information (electronic data), including the IP address used to connect your computer to the internet, the type and version of the browser, the time-zone setting, the browser plugins’ type and versions, the operating system and platform, the device ID, etc. on each visit to our website e.g. to keep our website secure and prevent of fraud; to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, and for statistical and survey purposes.
Preferences regarding our collections or other luxury brands, as well as your interests and lifestyle during your visits to our physical store based on our interactions and meetings with you e.g. to provide you with information about other services and products which we offer and which may be of interest to you.
Image when you visit our physical stores equipped with video surveillance systems (CCTV) to protect you and XX's physical stores.
Information related to payment orders (such as name and other details identifying the customer, destination country of the payment transaction, amount and currency of the payment transaction; International Bank Account Number (“IBAN”) when such bank account has an IBAN code, or the bank account code as corresponds in each case) e.g. to verify and execute financial transactions related to your payments.
Employment-related personal information (such as employment responsibilities, name, location of employment) to review and evaluate your application when you apply via our website or a third-party site (e.g. LinkedIn).Ordinary information about you based on messages you post on third-party sites, or via comments/reviews, or when you contact us by email, post, telephone or any other communication channels e.g. to answer all your inquiries/questions
And any other information about you that needs to be processed according to the General Terms and Conditions of Sale.