Privacy Policy

Oban Phoenix Cinema 
PRIVACY POLICY 
Last updated October 2019 

We respect the privacy of every person who visits or purchases tickets with www.obanphoenix.com, uses the Oban Phoenix mobile application for iPhone and Android (the “Sites”) and who uses the services that we make available from the Sites, on our Box Office direct line or in our cinema we are committed to ensuring a safe online experience. 
1 PURPOSE OF THIS POLICY 
This Privacy Policy explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party, including someone who has purchased a gift for you, and the purposes for and the basis on which we process your personal information. 

This Policy also sets out your rights regarding our processing of your personal information. This Policy is intended to assist you in making informed decisions when using the Sites and our Services. Please take a moment to read and understand it. Please note that it should be read in conjunction with our Terms and Conditions and the Membership terms and conditions. These can be found by clicking here

Please also note that this Privacy Policy only applies to the use of your personal information obtained by us, it does not apply to your personal information collected during your communications with third parties.  This Policy may vary from time to time so please check it regularly.  

2 WHO ARE WE AND WHAT DO WE DO? 
The Site and our Services are operated by Oban Phoenix Cinema (“we”, “us” or “our”). 

Oban Phoenix Cinema is the data controller responsible for your personal information obtained in connection with the provision of our Sites and Services in the United Kingdom. 

Oban Phoenix Cinema is a Scottish charity with registered company number: SC397947, charity number: SCO42407 and whose registered office is at 140 George Street, Oban, Argyll, Scotland, PA34 5NX

3 HOW TO CONTACT US? 
If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us by:  

• sending an e-mail to: cinema@obanphoenix.com; or 
• calling us on 01631 562905 
• post at: Oban Phoenix Cinema, 140 George Street, Oban, Argyll, Scotland, PA34 5NX 

4 WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT? 
We obtain your personal information from the following sources: 
• Directly from you, either in person (at our Cinema or otherwise), via our Sites, on our social media pages or when you contact us, or someone contacts us on your behalf; 
• Automated technologies, such as CCTV or other recording systems, cookies, server logs and other similar technologies; 
• From our group companies and third-party service providers in the course of providing their services to us in connection with your use of our Sites and Services.; and  
• Providers of social media platforms (such as Facebook, Twitter and Instagram) where you share our content through social media, by liking us on Facebook, following or tweeting about us on Twitter.  
• Automated technologies, such as CCTV or other recording systems, cookies, server logs and other similar technologies; 
 • Providers of social media platforms (such as Facebook, Twitter and Instagram) where you share our content through social media, by liking us on Facebook, following or tweeting about us on Twitter.  

Our primary goal in collecting personal information about you is to: (i) verify your identity and age; (ii) provide our Services to you and carry out requests made by you on the Sites or in our cinema; (iii) investigate or settle inquiries or disputes; (iv) comply with any applicable law, court order, other judicial processes’, or the requirements of a regulator; (v) enforce our agreements with you; (vi) protect the rights, property or safety of us or third parties, including our other customers and users of the Sites and at our cinema; (vii) provide support for the provision of our Services; and (viii) use as otherwise required or permitted by law. 

We use your personal information for the following purposes: 

4.1 Fulfilment of products and services 
We collect and maintain personal information that is voluntarily submitted to us during the use of the Sites and/or our Services. We use the contact and payment details which are provided to us so that we can fulfil the supply of products and services which have been ordered from our Sites or in our Cinema. We will use contact information to send you service-related communications relating to these orders. This includes your purchase of products and services, your registration for an account with us, your attendance at events hosted by us or our third-party partners, your hire of our Cinema for your own events and the processing of returns and refunds. For example: 

• Ticket bookings, gifts, and other online purchases.  If you wish to book tickets through our webpage, we will need to know your name and your email address.

We use this information to process and fulfil your orders and to send you a booking confirmation.  
  
If you choose to pay for your purchases on our webpage by credit, debit or charge card those payments will be processed by our payment provider rather than by us.  
  
We may receive part of the payment details such as your name, email address and some of the digits of your payment card number from our payment processor. These will be used to help connect your payment with your booking on our Site and may also be used by us if we provide you with a refund. 

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you such as your contract with us for your ticket or gift purchase. It is in our legitimate interest to use personal data of a gift recipient in order to provide them with the gifts purchased for them. 

4.2 Verify the age of persons using our products and services 
We welcome children and young people to our Cinema. However, some of our Services and features available on our Sites (including online ticket booking) have age restrictions attached to their use. These age restrictions are explained in classification guide from the British Board of Film Classification. For more information, please click here to visit the BBFC website. 

This means that we may need to ask you to provide your date of birth and, where our products or services are being purchased as a gift, the date of birth of the recipient of the gift. 

We may also use your date of birth to understand more about our customers (see the Customer Insight and Analysis section for more details about our use of your personal information for this purpose). 

We use your date of birth to prevent you from accessing age restricted films, we do this because this is necessary for us to comply with legal obligations to which we are subject. When you use our Services, it is also necessary for us to process your personal information for the purpose of performing our contract with you. 

4.3 Customer Services 
Our Site and our cinema use various user interfaces to allow you to request information about our products and services: these include printed and electronic enquiry forms, dedicated email addresses, our social media pages, and a telephone enquiry service. Contact information may be requested in each case, together with details of other personal information that is relevant to your customer service enquiry. This information is used in order to enable us to respond to your requests. 

4.4 Competitions, prize draws and other events and promotions 
From time to time, we may run prize draws, prize competitions and other promotions on our Sites, on our social media accounts and/or in our Cinema. We may also run events at other locations. For the purposes of administering such promotions and events, we may process your name, contact details (including email address, postal address and/or telephone number), social media handle (if relevant) and any other personal information volunteered by you in your promotion entry. For certain competitions and events, we may process and publicise images, videos or sound recordings that you volunteer to us. 

We will only use photographs we take of you at events where we have your consent to do so. 

4.5 Customer insight and analysis 
We analyse your contact details and other information provided by you during your use of the Sites and our Services, including your date of birth, with other personal information that we collect or observe about you from your interactions with our Sites, our email communications to you and/or with our products and services in our Cinema, such as the products and services you have purchased or viewed.  

Where you have given your consent (where lawfully required), we use cookies, log files and other technologies to collect personal information from the computer hardware and software you use to access the Sites, or from your mobile. This includes the following: 

• an IP address to monitor Sites traffic and volume; 
 • a session ID to track usage statistics on our Sites; 

Our web pages and social media sites contain “cookies” for more information about this, please see our Cookie Policy. 

We use this information for marketing purposes (see the Marketing Communications section below for further details).  

Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best products and services to you and our other customers.  

We will only use your location data for customer insight purposes where we have your consent to do so. 

4.6 Marketing communications 
We carry out the following marketing activities using your personal information: 

• Email marketing. We use information that we observe from your interactions with our Sites, our email communications to you and/or with our products and services in our Cinema and your email address to send you marketing communications by email, where you have consented to receive such marketing communications, or where we have another lawful basis to do so.   

• Social media marketing. We use information that we observe about you from your interactions with our Sites, our email communications to you and/or with our products and services in our Cinema (see the Customer Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised advertising on social media channels operated by Facebook and/or Twitter and/or Instagram where you are a registered user of such services.

We do this using Facebook Marketing and/or Google Analytics respectively. Please note that such activity requires that we share your encrypted email address with Facebook and/or Google and is also subject to the privacy choices you have elected to make on such services.

• Social media insight. Where you are a registered user of Facebook, Instagram, Twitter or of a Google service, we will use your email address in an encrypted format to enable Facebook and Google to find other registered users of their services that share similar interests to you based on: 
- information that we observe about you from your interactions with our Sites, our email communications to you and/or with our products and services in our Cinema (see the Customer Insight and Analysis section above for more details of the information collected and how it is collected); and  
- the information Facebook and/or Google hold about you.

We do this using Facebook Business and/or Google Analytics respectively. Please note that such activity is subject to the privacy choices you have elected to make on such services.   
  
Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes. 

• Use of Anonymised Personal Information. Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see our Cookie Policy for further details.

4.7 Business administration and legal compliance 
We use your personal information for the following business administration and legal compliance purposes:

• to comply with our legal obligations; 
• to protect our business and your accounts from fraud and other illegal activities 
• to enforce our legal rights; and 
• protect the rights of third parties; 

Where we use your personal information in connection with a business transition, enforce our legal rights, or to protect the rights of third parties it is in our legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us such as a court order. 

We will only send you marketing communications via email and text message where you have consented to receive such marketing communications, or where we have a lawful right to do so. 

4.8 Health and Safety 
We may use your personal information which is gathered for health and safety purposes including any accident report or claim log in respect of an accident or incident which occurs in our Cinema. As this may be data relating to your health it could fall within special categories of data which is defined under relevant data protection legislation as including personal data revealing racial or ethnic origin, religious beliefs, and data concerning health (as well as various others). We may also use this information to establish, exercise or defend any legal claim in relation to the accident or incident, including sharing this information with our insurance providers. 

Where we use your personal information in connection with an accident or incident as described above it is in our legitimate interest to do so and to comply with our legal obligations. Where this includes use of special categories of data it is necessary for the purposes of carrying out our obligations and exercising specific rights relating to relevant social protection law which may include health and safety and/or occupiers liability legislation. In addition, where we also process special categories of data to establish, exercise or defend any legal claim we do so because it is necessary to process it for these purposes.

4.9 Other purposes 
Any other purposes for which we wish to use your personal information that are not listed above or any other significant changes we propose to make to the existing purposes will be notified to you using your contact details. Alternatively, we may provide details to you of the new or amended purpose and our legal basis for processing it at the time of collecting your personal information for that particular purpose. 

5 HOW DO WE OBTAIN YOUR CONSENT? 
Where our use of your personal information requires your consent, you can provide such consent: 

• at the time we collect your personal information following the instructions provided; or 
• by informing us by e-mail, post or phone using the contact details set out in this Privacy Policy. 

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.  

You may at any time withdraw the specific consent you give to our processing your personal data. Please see How to access your information and your other rights section below for more details. Please note even if you withdraw consent for us to use your personal data for a particular purpose, we may continue to process your personal data for other purposes where we have a legal right to do so. 

6 OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES 
Our Sites use certain cookies, pixels, beacons, log files and other technologies of which you should be aware. Please see our Cookie Policy to find out more about the cookies we use and how to manage and delete cookies. 

7 WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH? 
We may share your personal information externally with third-party service providers for the purposes described in section 4 of this Privacy Policy.  

The categories of third-party service providers that we share your personal information with are: 

• providers of ticketing systems; 
• payment processors; 
• delivery companies; 
• providers of customer service functions; 
• suppliers who host, provide, manage, support or administer certain aspects of our webpages, phone booking service, IT systems and data centres; 
• providers of customer surveys and customer insight analytics; 
• suppliers of email, online and social media advertising and other marketing systems and services such as MailChimp; 
• third parties who help us to run or administer competitions or deliver prizes; 
• with our professional advisers such as our lawyers, accountants, health and safety consultants and insurance brokers for our business administration and legal purposes; 
• debt collection agencies and others for the purposes of enforcing any agreements that we have with you; 
• any other third party where we are obliged to, or permitted to do so, by law, court order or to comply with any search warrant or similar instrument presented to us by any law enforcement, government officer or regulatory authority; 
• in the event that our business is sold or integrated with another business, our lawyers, and other professional advisers, any prospective purchasers' lawyers and professional advisers, and any prospective purchaser (subject to duties of confidentiality). 

8 THIRD-PARTY LINKS AND SERVICES 
This Privacy Policy applies solely to personal information collected by us through our Sites and Services and does not apply to these third-party webpages and third-party service providers.

Your browsing and interaction on any other webpages, or your dealings with any other third-party service provider, is subject to that webpage’s or third-party service provider’s own rules and policies.  

We do not monitor, control, or endorse the privacy practices of any third parties. 

We encourage you to become familiar with the privacy practices of every webpage you visit or third-party service provider that you deal with and to contact them if you have any questions about their respective privacy policies and practices. 

9 HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR? 
Whenever we collect or process your personal data we will usually keep it for 1 year after our last interaction with you or otherwise in accordance with our data retention policy, pursuant to which we do not retain personal data for longer than is necessary for the purposes for which it is collected. We will keep the personal data you give us in relation to any contract that we have with you for seven years. If your information is only useful for a short period e.g. for specific marketing campaigns, we may delete it. At the end of that retention period, your data will either be deleted or anonymised, for example by aggregation with other data so that it can be used in a nonidentifiable way for statistical analysis and business planning. We keep the length of time that we hold your personal data for under review. 

10 CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION 
We are committed to keeping the personal information you provide to us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration.  

We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from: 

• unauthorised access; 
• improper use or disclosure; 
• unauthorised modification; and 
• unlawful destruction or accidental loss.  

All our employees and those who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all users of our Services.
 
11 HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS 
You have the following rights in relation to the personal information we hold about you. You can exercise these rights by contacting us using the contact details set out in Section 3 of this Privacy Policy or using any other method described below: 

• Your right of access. If you ask us, we’ll confirm whether we’re processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.  
  
• Your right to rectification.  If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.  If you have a Membership, you can log in and amend your contact details and email marketing preferences whenever you like.  

• Your right to removal.  You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.  

• Your right to restrict processing.  You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it. It won’t stop us from storing your personal information though. We’ll tell you before we lift any restriction. If we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.  

• Your right to data portability. With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.  

• Your right to object.  You can ask us to stop processing your personal information, and we will do so if we are:  
  
- relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or - processing your personal information for direct marketing.  

You can ask us to stop sending you marketing communications sent to you by email at any time by using the ‘unsubscribe’ link that we will present to you in the marketing communication. Please note that it may take us a few days (but usually no longer than 14 days) to ensure our marketing systems are updated and during this period you may still receive marketing communications from us. 

• Your rights in relation to automated decision-making and profiling.  You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.  

• Your right to withdraw consent.  If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.  

• Your right to lodge a complaint with the supervisory authority. If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to relevant Supervisory Authority which, in relation to provision of our Site and Services in the UK, the supervisory authority is the UK Information Commissioner’s Office (ICO). You can find details about how to do this here on the ICO webpage or by calling their helpline on 0303 123 1113

12 CHANGES TO THIS PRIVACY POLICY
To ensure that you are always aware of how we use your personal information we will update this Privacy Policy from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We will post any changes on our Sites to keep you aware and if you have a Membership, we will notify you by e-mail of any significant changes. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.