Learn Privacy Policy | Culture Gem

As of 29 December 2023

Table of contents

Identity and contact details of the data controller
Contact details of the data protection officer
Data processing in the Culture Gem platform
Rights of the data subject
Provision of platform and creation of log files
Hosting
Usage of Cookies
Registration
Contact via E-Mail
Contact form
Content delivery networks

1. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the UK General Data Protection Regulation (UK GDPR) and other data protection regulations is:

Culture Gem, Ltd.

27 Old Gloucester Street

London WC1N 3AX

United Kingdom

08000434364

info@culturegem.co.uk

www.culturegem.co.uk

2. Contact details of the data protection officer

The designated data protection officer is:

DataCo International UK Limited

c/o One Peak Partners, 41 Great Pulteney Street 2nd floor

London W1F 9NZ

United Kingdom

+44 20 3318 17 18

www.dataguard.co.uk

3. Data processing in the Culture Gem platform

On this page we inform you about the privacy policy regulations applicable on the training platform of Culture Gem, Ltd. ("platform"). The Culture Gem platform is a service offered by Culture Gem, Ltd, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom ("Culture Gem, Ltd.", "we" or "us").

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary to provide a functioning platform with our content and services. The regular processing of personal data only takes place with the consent of the user. Exceptions include cases where prior consent cannot be technically obtained and where the processing of the data is permitted by law.

2. Purpose of processing

Explicit purposes of processing result from Chapters V to XI.

3. Legal basis for data processing

Where consent is appropriate for processing personal data, Art. 6 (1) (a) UK GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 (1) (b) UK GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) UK GDPR serves as the legal basis.

If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) UK GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (f) UK GDPR will serve as the legal basis for the processing of data.

4. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if this is provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

4. Rights of the data subject

When your personal data is processed, you are a data subject within the meaning of the UK GDPR and have the following rights:

1. Right to information

You may request the data controller to confirm whether your personal data is processed by them.

If such processing occurs, you can request the following information from the data controller:

The purpose for which the personal data is processed.
The categories of personal data being processed.
The recipients or categories of recipients to whom the personal data have been or will be disclosed.
The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.
The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.
The existence of the right to lodge a complaint with a supervisory authority.
Where personal data are not collected from you any available information as to their source.
The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) UK GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 UK GDPR in connection with the transfer.

Your right to information may be limited where it is likely that such restriction will render impossible or seriously impede the achievement of scientific or statistical purposes and that such limitation is necessary for the achievement of scientific or statistical purposes.

2. Right to rectification

You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay

Your right to rectification may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the purposes of the research or statistical work and the limitation is necessary for the achievement of the purposes of the research or statistical work.

3. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.
The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.
The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
If you have objected to the processing pursuant to Art. 21 (1) UK GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

Your right to restrict the processing may be limited where it is likely that such restriction will render impossible or seriously impede the achievement of scientific or statistical purposes and that such limitation is necessary for the achievement of scientific or statistical purposes.

4. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (a) and Art. 9 (2) (a) UK GDPR and where there is no other legal basis for processing the data.
According to Art. 21 (1) UK GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) UK GDPR.
Your personal data has been processed unlawfully.
The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) UK GDPR.

b) Information to third parties

If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) UK GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, considering available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary:

to exercise the right to freedom of speech and information.
to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.
for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) UK GDPR.
for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) UK GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
to enforce, exercise or defend legal claims.

5. Right to information

If you have the right of rectification, erasure, or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:

the processing is based on consent in accordance with Art. 6 (1) (a) UK GDPR or Art. 9 (2) (a) UK GDPR or performance of a contract in accordance with Art. 6 (1) (b) UK GDPR and
the processing is done by automated means.

In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

7. Right to object

For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (e) or 6 (1) (f) UK GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the UK GDPR.

Your right to objection may be limited where it is likely that such restriction will render impossible or seriously impede the achievement of scientific or statistical purposes and that such limitation is necessary for the achievement of scientific or statistical purposes.

8. Right to withdraw the data protection consent declaration

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

9. Automated decisions on a case-by-case basis, including profiling

You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

is required for the conclusion or execution of a contract between you and the data controller,
is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
is based on your explicit consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) UK GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) UK GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the UK GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 UK GDPR.

5. Provision of platform and creation of log files

1. Description and scope of data processing

The platform offers electronic learning materials to the employees of our customers and allows our customers to report on the training undertaken by their employees.

Your employer provides us with a spreadsheet containing the following personal data from you:

First and last name
Email address
Employer
Job title
Employment start date

Your personal data is uploaded into the platform to allow appropriate training to be assigned.

Users can create accounts on the platform and enter their data there themselves. However, the source of the information of the personal data in the sense of Art. 14 (2) (f) UK GDPR can also be the user's employer, who forwards the required data to Culture Gem for the creation of a user account.

In addition, our system automatically collects data and information from the computer system of the calling computer each time our platform is called up.

The following data is collected:

Date and time of access
Service logs

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of processing

The purpose of processing is the provision of a functioning platform as well as the necessity of the processing for the provision of contractually owed services and to offer employees of our clients with access to the relevant learning material.

The storage in log files is done to ensure the functionality of the platform. In addition, we use the data to optimise the platform and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

3. Legal basis for data processing

The legal basis for processing the above personal data is Art 6 (1) (b) UK GDPR, as the processing is necessary for the fulfilment of contractual relationships.

The legal basis for the temporary storage of log files is Art. 6 (1) (f) UK GDPR. Our legitimate interest here lies in the data processing purposes mentioned under 2.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

In the case of direct personal data for the use of our platform and services, personal data will be deleted after termination of the contract, unless it must be preserved due to legal retention periods.

In the case of the collection of log files for the provision of the platform, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible.

5. Objection and removal

The collection of data for the provision of the platform and the storage of the data in log files is absolutely necessary for the operation of the platform. The user can object to this. Whether the objection is successful is to be determined within the framework of a balancing of interests. Other objections to the described processing procedures can be made at any time by contacting your company admin. If you object to the processing of your personal data for the purpose of fulfilling the service, you will not be able to use Culture Gem.

6. Hosting

Our platform is hosted by Civica UK, Ltd. and their trusted hosting partners.

Civica UK, Ltd.

First Floor, Spectrum Building

Bond Street

Bristol

BS1 3LG

+44 (0) 3333 214 914

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the platform. The information stored is:

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Date and time of the server request
IP address

This data is not merged with other data sources. The collection of this data is based on Art. 6 (1) (f) UK GDPR. The platform operator has a legitimate interest in the technically error-free presentation and optimisation of its platform - for this purpose, the server log files must be collected.

Wherever possible data is stored in an anonymised manner.

The servers of the platform are geographically located in the United Kingdom and the European Union.

7. Usage of Cookies

1. Description and scope of data processing

Our platform uses cookies in the administration portal but not in the learner portal. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a platform, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the platform is called up again.

The following data is stored and transmitted in the cookies:

Log-in session information

Wherever possible the user data collected in this way is anonymised by technical precautions. The data is not stored together with other personal data of the users.

2. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of platforms for users. Some functions of our platform cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

The user data collected through technically necessary cookies are not used to create user profiles.

3. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) UK GDPR.

4. Duration of storage, objection and elimination

Cookies are stored on the user's computer and transmitted to our platform by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our platform, it may no longer be possible to fully use all functions of the platform.

8. Registration

1. Description and scope of data processing

On our platform, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. The following data is collected during the registration process by the third-party tool of our platform hosting provider Civica UK, Ltd.:

First and last name
Email address
Date and time of registration
Employer
Job title
Employment start date

The user's consent to the processing of this data is obtained as part of the registration process.

2. Purpose of data processing

Registration is needed to be able to offer and complete training.

Registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.

To use Culture Gem, it is necessary to register with your own profile after invitation by your company admin.

3. Legal basis for data processing

The legal basis for the processing of data is Art. 6 (1) (a) UK GDPR if the user has given his or her consent.

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 (1) (b) UK GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected.

This is the case for data collected during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures when the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to comply with contractual or legal obligations.

5. Objection and removal

As a user, you have the option to cancel your registration at any time. You can have the data stored about you changed at any time by updating your profile through the profile screen. To delete or change your personal data, please contact your company admin.

If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, premature deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

9. Contact via E-Mail

1. Description and scope of data processing

On our platform, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail as well as the date and time will be stored.

The data is used exclusively for processing the conversation.

2. Purpose of the data processing

The processing of the personal data from the e-mail serves us solely to process the contact.

3. Legal basis for data processing

The legal basis for the processing of data transmitted while sending an e-mail is Art. 6 (1) (f) UK GDPR. If the e-mail contact is aimed at the conclusion or implementation of a contract, the additional legal basis for the processing is Art. 6 (1) (b) UK GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

5. Objection and removal

If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

To do so, please send us an informal e-mail to info@culturegem.co.uk.

All personal data stored while contacting us will be deleted in this case.

10. Contact form

1. Description and scope of data processing

To contact you via the contact form in our platform, we collect your e-mail address and further information you provide to us voluntarily. We process your personal data to actively contact you, carry out communication and initiate, carry out, maintain and terminate business contacts.

2. Purpose of the data processing

The processing of the personal data from the input mask in the contact form serves us exclusively for the purpose of establishing contact. If you contact us by email, this also constitutes our necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. Legal basis for data processing

If the purpose of the Email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) UK GDPR.

The legal basis for the processing of data transmitted in the course of sending an Email is Art. 6 (1) (f) UK GDPR.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected and legal retention periods no longer require the data to be retained.

5. Objection and removal

If the user contacts us by email via info@culturegem.co.uk, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

11. Content delivery networks

Microsoft Azure CDN

1. Description and scope of data processing

On our platform we use functions of the Content Delivery Network Microsoft Azure CDN of Microsoft Corporation, One Microsoft Way, Redmond, WA 8052-6399, USA (Hereinafter referred to as Microsoft Azure CDN). A Content Delivery Network (CDN) is a network of regionally distributed servers connected via the Internet to deliver content, especially large media files such as videos. Microsoft Azure CDN provides web optimization and security services that we use to improve the load times of our platform and to protect it from misuse. When you visit our platform, a connection is established to the servers of Microsoft Azure CDN to retrieve e.g., content. This allows personal data to be stored and evaluated in server log files, the user's activity (e.g., which pages have been visited) and device and browser information (e.g., IP address and operating system). Further information on the collection and storage of data by Microsoft Azure CDN can be found here:
https://www.microsoft.com/en-gb/trust-center

2. Purpose of data processing

Using the features of Microsoft Azure CDN serves to deliver and accelerate online applications and content.

3. Legal basis for data processing

The data is collected on the basis of Art. 6 (1) (f) UK GDPR. The platform operator has a legitimate interest in the technically error-free presentation and optimization of his platform - and server log files are therefore recorded.

4. Duration of storage

Your personal information will be stored as long as necessary to fulfil the purposes described in this Privacy Policy or as required by law.

5. Objection and removal

You can find information on objection and removal options regarding Microsoft Azure CDN at:
https://www.microsoft.com/en-gb/trust-center

This privacy policy has been created with the assistance of DataGuard.

eLearning Platform Privacy