Privacy Notice

Who we are and contact details

Kinkell Byre Limited a company incorporated in Scotland with company number SC625146 and having its registered office at Kinkell House, St Andrews, Fife, United Kingdom, KY16 8PN (“we, “us” or “our”) is the Data Controller over any Personal Data we process about you for the purposes set out in this Privacy Notice.  This privacy notice covers personal data we collect about you from your interaction with our website,  when you make enquiries with us via telephone, email or other means or you visit our venue.  It also covers any personal data we collect from you or about you when you make a booking at our venue or a third party makes a booking at our venue that you may be involved in.

If you have any concerns about our processing of your Personal Data or you have a general enquiry in relation to data protection please contact info@kinkell.com 

What is Personal Data?

Personal Data: means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Special Category Data: means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

When we use the term ‘Personal Data’ we mean both Personal Data and Special Category Data.

What Personal Data do we process?

We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, date of birth.
• Contact Data includes billing address email address and telephone numbers.
• Transaction Data includes details about payments from you and other details surrounding of the services you have purchased from us as well as the date of your wedding/event.
• Technical Data includes internet protocol (IP) address, 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, how you use our newsletter e.g. if you open our newsletter, forward it, click on links embedded into the newsletter, times, dates and frequency of activity, how you heard about us and what you liked/disliked about our service/venue.

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 our services). In this case, we may have to cancel our service you have with us but we will notify you if this is the case at the time.

Where do we obtain your Personal Data from?

We obtain your personal data from the following sources:

• When you make an Enquiry or Communicate with us. You may give us some of your personal data (including name, company, email, telephone, event date) by filling in our online enquiry form or by communicating with us by post, phone, email, social media, in person or otherwise to make enquiries.
• When you request a Brochure. You will need to give us your name and email to allow us to send you a brochure of our services.
• When you joint our mailing list. We will collect your name and email address when you sign up to our mailing list.
• When you book an event. We will collect personal data from you in order to book an event at our venue. When booking an event we may also collect personal data about third parties who may be involved in the event e.g. a groom or bride that is not the person who made the booking.
• When you use our website or access our marketing material. We collect information about you when you use our website through our use of Cookies. Please see our Cookie Policy for more information. Likewise we collect information about your use of our marketing material.

How will we use your Personal Data?

Purpose/ Activity	Type of data	Lawful basis for processing
To respond to your enquiry and/or provide you with a brochure	Name and contact information such as email or telephone.	It is necessary for our legitimate interest in being able to respond to your enquiry.
To send you our newsletter	Name and email	·        Consent – you consent when you opt-in to join our mailing list. ·        Legitimate Interest – it is necessary for our legitimate interest in being able to market our business.  We will only rely on this legal basis where you have not consented and you are, or a previous, customer.  You can opt-out at any time.
To track your activity with our newsletter e.g. when you open it, forward it etc..  This helps us understand if our newsletters are being read and if they need tailored so we can provide you with more relevant content.	Usage Data	It is necessary for our legitimate interest in providing good relevant content to our subscribers.
To complete an event booking	(a) Identity (b) Contact (c) Transaction	·      It is necessary to take steps at your request to enter into a contract with you. ·      To perform a contract with you ·      It is necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact	·      Performance of a contract with you ·      Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To enable you to partake in a survey	(a) Identity (b) Contact	Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

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.

Will my Personal Data be shared with any other organisation/third parties and if so, why?

We will share your Personal Data with some businesses that provide services to us in the following categories: marketing platforms, CRM suppliers, cloud storage suppliers, HR platforms.

An exception to this would be where we are required to share your Personal Data in accordance with law or any regulatory requirement to which we are subject or where we are undergoing a corporate restructure.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

Will my Personal Data be shared outside of the EEA?

We do not transfer your Personal Data outside the European Economic Area (“EEA”).

How long will you retain my 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 to 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, and the applicable legal, regulatory, tax, accounting or other requirements.

Do you make any automated decisions about me or profile my Personal Data?

No

What are my rights in relation to the Personal Data you hold about me?

You have rights under data protection laws in relation to your Personal Data. Please contact info@kinkell.com if you would like to exercise any of your rights or you have any queries. The rights you have over your data are as follows:

• Right to be informed about the collection and use of your Personal Data.
• Request access to your Personal Data (commonly known as a “data 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 information we hold about you corrected.
• 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 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. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you 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.
• Right to withdraw consent 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

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.

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.

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.

Third Party Links

Our  website may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy notices and that we do not accept any responsibility or liability for these notices or for any Personal Data that may be collected through these websites or services. Please check these notices before you submit any Personal Data to these websites or use these services.

Changes to this Privacy Notice

We keep this Privacy Notice under regular review. Any changes we may make to our Privacy Notice in the future will be communicated to you in some manner.

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.