DATA POLICY

PRIVACY NOTICE‍

‍1 IMPORTANT NOTICE

‍1.1 This is the Privacy Notice of MS Bars (Brixton) Ltd. (company number 12932375) whose registered office is at 49 Brixton Station Road, London, SW9 8PQ (“we”, “us” or “our”) and sets out how we collect and process your personal data. This Privacy Notice also provides certain information that is legally required and lists your rights in relation to your personal data.

‍1.2 This Privacy Notice relates to personal information that identifies “you” meaning our customers or potential customers / individuals who browse our website and individuals outside our organisation with whom we interact. If you are an employee, contractor or otherwise engaged in work for us or applying to work for us, a separate privacy notice applies to you instead.
1.3 We refer to this information throughout this Privacy Notice as “personal data” and section 3 sets out further detail of what this includes.
1.4 Please read this Privacy Notice to understand how we may use your personal data.
1.5 This Privacy Notice may vary from time to time so please check it regularly.  
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2 HOW TO CONTACT US

‍2.1 Data controller and contact details

‍2.1.1 For the purposes of relevant data protection legislation, we are the controller of the personal data you provide to us and as a controller we use the personal data we hold on you in accordance with this Privacy Notice.
2.1.2 If you need to contact us in connection with our processing of your personal data, then our contact details are 020 3879 8410 and our representative is Vineet Kalra.
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‍2.2 Data Protection Officer Our Data Protection Officer is Vineet Kalra and you can contact them at info@popbrixton.org.

‍3 CATEGORIES OF PERSONAL DATA WE COLLECT

‍3.1 The categories of personal data about you that we may collect are:
3.1.1 personal data you provide to us in person, via our website, by email or by telephone, including the personal and contact details you supply when contacting us in relation to bookings or marketing;
3.1.2 personal data in the form of images or video footage that is taken at one of our pubs;
3.1.3 personal data gathered using cookies;
3.1.4 personal data you provide if you enter into a competition or promotion; and
3.1.5 details of your visits to our website including but not limited to traffic data, location data, weblogs and other communication data.
3.2 We may also create Personal Data about you, for example, if you contact us by telephone to make a complaint, for example about your experience at one of pubs, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.
3.3 In addition, we may obtain certain special categories of your data (“Special Categories of Data”), and this Privacy Notice specifically sets out how we may process these types of personal data. The Special Categories of Data are: (i) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; and (ii) the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

‍4 THE SOURCES FROM WHICH WE COLLECT YOUR PERSONAL DATA
‍We obtain your personal data from the following sources: Our pubs are run by separate companies which may pass on your personal details so that we and they can provide the services to you which you have asked for and/or in connection with the operation of ours businesses. Our bookings are run by separate companies which may pass on your personal details so that we and they can provide the services to you which you have asked for and/or in connection with the operation of ours businesses.

‍5 HOW WE USE YOUR PERSONAL DATA AND OUR BASIS FOR USING IT

‍5.1 Where we are relying on a basis other than consent
5.1.1 We may rely on one or more of the following legal bases when processing your personal data. The table below also sets out the linked purposes for which we may process your personal data:
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‍Purpose for which we process your personal data
‍In order to perform our contractual obligations to you. This would include our fulfilling orders you have placed for goods or services.
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‍The basis on which we can do this (this is what the law allows)
The processing is necessary in connection with any contract that you may enter into with us. Purpose for which we process your personal data In order to comply with our own legal obligations, e.g. health and safety legislation, or to assist in an investigation (e.g. from the Police).

‍The basis on which we can do this (this is what the law allows)
‍The processing is necessary for us to comply with the law.
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Purpose for which we process your personal data
‍In order to use your personal data in life or death situations and there is no time to gain your consent (e.g. in the event of an accident and we have to give your personal details to medical personnel).

‍The basis on which we can do this (this is what the law allows)
‍The processing is necessary in order to protect the vital interests of an individual.

Purpose for which we process your personal data
‍In order to use your personal data to operate our business, but otherwise than in performing our contractual obligations to you. These would be our ‘legitimate interests’ for the purposes of Data Protection Legislation and are as follows:
• to send you important notices such as communications about changes to our terms and conditions and policies;
• to deal with any misuse of our website;
• to provide you with important real-time information about products or services you have ordered from us (e.g. a change of time or location due to unforeseen circumstances);
• to send you information you have requested;
• to deal with your enquiries;
• to help us develop our website to be more useful to you;
• for internal purposes for research, analysis, testing, monitoring, customer communication, risk management and administrative purposes;
• to protect and defend our rights or property;
• to sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers; or
• in order to enforce or apply our terms of use, terms and conditions of supply and other agreements with third parties.

‍The basis on which we can do this (this is what the law allows)
We have a legitimate interest in carrying out the processing, which is not overridden by your interests, fundamental rights or freedoms. Our legitimate interests are:
• our legitimate interest in the management and operation of our business;
• our legitimate interest in the promotion of our business;
• our legitimate interest in the provision of goods and services to our customers.

5.1.2 In addition, we may lawfully process Special Categories of Data in certain ways. We set these out below along with the linked purposes for which we can process these Special Categories of Data:

‍Purposes for which we process your personal data
‍In order to use our knowledge of any health-related personal data you disclose to us in the event of illness or injury or some other related emergency.

‍The basis on which we can do this (this is what the law allows)
The processing is necessary in order to protect the vital interests of you or another individual where you or the individual is physically or legally incapable of giving consent.
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Purposes for which we process your personal data
In order to disclose any Special Categories of Data we hold on you, where to do so is in the substantial public interest, provided that when we do so we provide suitable measures to protect your rights.

‍The basis on which we can do this (this is what the law allows)
The processing is necessary for reasons of substantial public interest, on the basis of applicable law and it is:• proportionate to the aim pursued;• respects the essence of the right to data protection; andprovides for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals.

‍Purposes for which we process your personal data
In order to carry out our archiving role in the public interest (e.g. where we log your racial or ethnic origin), provided that when we do so we provide suitable measures to protect your rights.

‍The basis on which we can do this (this is what the law allows)
The processing is necessary for
i. archiving purposes in the public interest;
ii. scientific or historical research purposes; or
iii. statistical purposes and based on applicable law which shall:
• be proportionate to the aim pursued;
• respect the essence of the right to data protection; and
• provide for suitable and specific measures to safeguard your fundamental rights and interests.
The processing should also be in accordance with technical and organisational measures ensuring that your personal data is adequate, relevant and limited to what is necessary in relation to the purposes for which we are processing it. This may include processing no longer identifying you.

‍5.2 Where we may rely on consent

‍5.2.1 We would like to use the personal data you provide to us for a variety of different purposes. For certain of these purposes it is appropriate for us to obtain your prior consent. These are as follows:
(a) where we would like to use photos or images taken of you in promotional materials; [or]
(b) where we or our carefully selected third parties have new products and services which we think you will be interested in.
5.2.2 The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.
5.2.3 You may at any time withdraw the specific consent you give to our processing your personal data. Please contact us using the details at Section 2.  

Please note even if you withdraw consent we may rely on another basis to process your personal data.

‍6 WHO RECEIVES THE PERSONAL DATA YOU PROVIDE TO US

‍6.1 We may disclose the personal data you provide to us to:
6.1.1 our group companies and affiliates or third party data processers who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Privacy Notice;
6.1.2 legal and regulatory authorities who request your personal data or to report any potential or actual breach of applicable law or regulation;
6.1.3 external professional advisers such as accountants, auditors and lawyers, provided that they are duties of confidentiality;
6.1.4 law enforcement agencies, courts or other relevant party, to the extent necessary for the establishment, exercise or defence of legal rights;
6.1.5 third parties where necessary for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
6.1.6 third parties which are considering or have decided to buy some or all of our assets or shares (including in the event of a reorganisation, dissolution or liquidation);
6.1.7 third parties operating plugins or content (such as Facebook, Twitter, Instagram) on our website which you choose to interact with;

‍7 INTERNATIONAL TRANSFERS OF PERSONAL DATA
‍7.1 It is possible that personal data we collect from you may be transferred, stored and/or processed outside the European Economic Area.
7.2 In connection with such transfers:
7.2.1 the relevant safeguard in place is the standard data protection contractual clauses between us and the recipient and a copy can be obtained by Jamie Rosenfeld; or
7.2.2 this is made on the basis of an adequacy decision, namely:(a) the Privacy Shield for transfers to the US; or(b) the European Commission has decided that the relevant non-EU country ensures an adequate level of protection.

‍8 HOW LONG WE WILL STORE YOUR PERSONAL DATA FOR

‍We will only hold your personal data for so long as is necessary for us to do so, however because this depends in each case on how each of our customers interact with us, we keep the length of time that we hold your personal data for under continual review. These reviews take place annually.

‍9 CONTRACTUAL OR STATUTORY REQUIREMENTS ON YOU TO PROVIDE PERSONAL DATA
‍9.1 In certain circumstances the provision of personal data by you is a requirement:
9.1.1 to comply with the law or a contract; or
9.1.2 necessary to enter into a contract.
9.2 It is your choice as to whether you provide us with your personal data necessary to enter into a contract or as part of a contractual requirement. If you do not provide your personal data then the consequences of failing to provide your personal data are that we may not be able to perform to the level you expect under our contract with you. An example of this would be where we are unable to provide you with certain products or services as we do not have your full details, or where we cannot perform our contract with you at all because we rely on the personal data you provide in order to do so. Please see our terms and conditions for further details.

‍10 YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

‍10.1 Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your personal data (see section 5.2.2), you may have a number of rights in connection with the processing of your personal data, including:
10.1.1 the right to request access to your personal data that we process or control;
10.1.2 the right to request rectification of any inaccuracies in your personal data or, taking into account the purposes of our processing, to request that incomplete data is completed;
10.1.3 the right to request, on legitimate grounds as specified in law:(a) erasure of your personal data that we process or control; or(b) restriction of processing of your personal data that we process or control;
10.1.4 the right to object, on legitimate grounds as specified in law, to the processing of your personal data;
10.1.5 the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller, to the extent applicable in law; and
10.1.6 the right to lodge complaints regarding the processing of your personal data with the Information Commissioner’s Office.

Please see https://ico.org.uk/concerns/ for how to do this.

If you would like to exercise any of the rights set out above, please contact us using the contact details set out in section 2.

‍11 LINK TO OTHER WEBSITES
‍11.1 This policy only applies to MS Bars (Brixton) Ltd. If you link to another website from our website, you should remember to read and understand that website’s privacy policy as well. We are not responsible for any use of your personal data that is made by unconnected third party websites.