World Coal Association, a company registered in England and Wales (company number: 1947623) whose registered address is at 20 St Andrew Street, Holborn Circus, London, United Kingdom, EC4A 3AG hereinafter referred to as (‘WCA’ ‘We’, ‘Us’ or ‘Our’), have created this privacy statement (‘Statement’) in order to demonstrate Our firm commitment to the privacy of the details that You provide to Us when using the Site to access Our Services.
We are committed to protecting and respecting Your privacy and Your Personal Data. For the purpose of the Data Protection Legislation, We are the Data Controller (ICO registration number: ZA487373)
For all matters relating to privacy and data protection, please contact [email protected] or by telephone to +44(0) 20 3745 2760. In this Privacy Statement, references to ‘You’, ‘Your’ and ‘User’ are references to users of the Site.
We aim to be as clear as possible in this Privacy Statement in respect of Your Personal Data. This Privacy Statement applies to Your Personal Data that We collect about You when You use the Site, how and when it is used, how We protect it and who has access to it (the ‘Terms’).
1.YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT
This Privacy Statement governs Your use of Our Services, including any dispute concerning privacy. By using Our Services, You accept this Privacy Statement in full. You should read the Statement carefully and ensure that You understand its effect before proceeding to use the Site to access Our Services.
We reserve the right to make reasonable changes to any of the Terms at any time. Any changes We do make will be posted on this page and, where appropriate, notified to You by email, or, when You next log in, the new Terms may be displayed on-screen and You may be required to read and accept them to continue.
Personal Data and Special Category Personal Data are defined in accordance with the Data Protection Legislation. In this Privacy Statement, Personal Data shall include the meaning of Special Category Personal Data.
2. WHAT PERSONAL DATA IS COLLECTED & HOW?
A. PERSONAL DATA SUBMITTED VOLUNTARILY BY YOU TO US:
2.1 In order for Us to provide You with Our Services, We collect various types of Personal Data. We are committed to ensuring that the information We collect and use is appropriate, relevant and proportionate for the stated purpose. Some types of Personal Data may be voluntarily provided by You which is to be shared with Us (and Our Service Providers as applicable) in respect of Yourself (or in respect of one or more other individuals where lawful authority is granted to You by those other individuals) which shall include as follows:
|What Personal Data is processed?||Source: Where is it collected from/ via?||What is the ‘purpose’ of processing? & What is the lawful basis (Article 6) for processing?||Retention: For how long is it held?|
|Name (first name and last name), E-mail Address, profile image, job title, biography, telephone number (landline, mobile), social profile URLs (Google + and LinkedIn)||www.worldcoal.org||Data collected to provide you with Website Membership and access to Member-only content. We will only do this using the lawful basis under Article 6(1)(f) GDPR where You are in membership/we have a working relationship.||Data is held for unlimited time, until user requests removal of account.|
|Name/E-mail address||www.worldcoal.org (sign up form)||Data collected for Marketing purposes. We will only do this if We have Your consent in accordance with Article 6(1)(a) GDPR.||Data is held for a maximum of 6 years, or until user requests removal.|
Some of the information collected in the table above is essential for Us to provide You with Our Services but it is Your choice whether You provide all the information We request. Not providing information may affect Our ability to provide all of Our Services to You.
2.2 We will retain Your Personal Data only for as long as is necessary to provide Our Services which You request and in accordance with the retention periods set out in this Privacy Statement. We shall then delete it unless you ask Us not to, or We have a legitimate reason to retain it. We need to retain sufficient information about You in compliance with certain legal or statutory requirements, for example, in the event of a legal or insurance claim in the future so that We can identify You.
2.3 We may from time to time offer a range of additional services. We may need to collect additional information about You as part of this. This may include but is not limited to introducing useful third party products and services to you, promotions, prize draws, competitions and surveys. Additional notices about the information that We collect and how We will use it will be provided to You at the point that You are invited to make use of these additional services.
2.4 Where We state that We rely on consent under Article 6(1)(a) to process Your Personal Data for a particular purpose as per column 3 of the table at Clause 2.1, You have the right to withdraw Your consent at any time. This will not affect the lawfulness of processing carried out by Us which was based on consent before its withdrawal.
B. PERSONAL DATA AUTOMATICALLY COLLECTED BY US:
- Your visits to the Site and the Content that You download;
- Your IP address;
- Your geographical location;
- Your browser type and version;
- Your operating system;
- Your referral source;
- Your length of visit;
- Your page views and Site navigation and exit;
2.6 We agree to adhere to all Data Protection Legislation and will take appropriate technical and organisational security measures against the unauthorised or unlawful processing of Your Personal Data and against accidental loss or destruction of, or damage to, Your Personal Data.
2.7 We shall process Personal Data listed in the table at Clause 2.1 only to the extent, and in such a manner, as is necessary for the sole purpose of fulfilling Our Services (including making improvements to Our Services). For the avoidance of doubt, We are the exclusive owner (or lawful licensee) of the Site as well as the Content.
3. HOW IS YOUR DATA USED?
3.1 We will process the Personal Data You provide in a manner that is compatible with the Data Protection Legislation.
3.2 We will try Our best to keep Your Personal Data accurate and up-to-date and We shall not keep it for longer than is necessary. Our aim is not to be intrusive and We undertake not to ask You irrelevant or unnecessary questions. Moreover, the information You provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
3.3 NON-MARKETING COMMUNICATIONS: You acknowledge that, Your Personal Data may be used by Us to contact You when necessary in connection with Your use of the Site to access Our Services as follows:
|What Type of Non-Marketing Communication?||Method of presentation/ sending?||Legal Basis for processing?|
|WCA media updates, including latest blog posts and news (subscribed to via the website).||Email (MailChimp)||We will only do this if We have Your consent in accordance with Article 6(1)(a) GDPR.|
|User and login updates||Email (direct)||We do not need Your explicit consent for this as the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.|
3.4 MARKETING COMMUNICATIONS: From time to time and with Your permission, We may contact You and send you Marketing Communications that We believe may be of interest to You which shall be of the type (and via the method(s)) referred to in the table below). By looking at Your participation profile as well as any additional information which You have agreed can be shared with Us, We can identify news, offers and services that are most likely to be most relevant and will meet Your needs. When We send You a Marketing Communication, We may monitor whether You have opened the communication and clicked on any included links. This will enable Us to track and analyse Your level of engagement/ interest in the communication We are sending to You and will provide Us with further insight into what type of communications are of most interest to You. These Marketing Communications may come from Our Partner Organisations:
|What Type of Marketing Communication?||Method of presentation/ sending?||Legal Basis for processing?||How can you opt out of continuing to receive direct marketing communications?|
|WCA updates (including media, news, event invitations)||Email (MailChimp)||We will only send You these using the lawful basis under Article 6(1)(f) GDPR where You are in membership/we have a working relationship/you have attended one of Our meetings and have not opted out of, or objected to, receiving Marketing Communications.||Users can unsubscribe using the link and instructions at the bottom of emails, or contact us via [email protected].|
3.5 If You agree to receiving any of the above Marketing Communications but later change Your mind, You can use the ‘unsubscribe’ link at the end of any Electronic Mail communication received by You or simply respond to Our prompt in all of Our communications to You. If you opt out of Our communications, We will retain Your Personal Data on our suppression list so that We comply with Your wishes not to be contacted again.
LEGITIMATE INTERESTS TO PROCESS YOUR PERSONAL DATA: We process Personal Data about You where We have a “legitimate interest” to do so as stated in this Privacy Statement in the tables at Clauses 2.1 and/ or 3.3 and/ or 3.4. In some cases, this may require Us to collect additional information from You or from other sources. Where We do rely on “legitimate interests” under Article 6(1)(f) GDPR to process Your Personal Data, You have the right to object to any of the processing We undertake. If You wish to object to Our processing of Your Personal Data where We rely on this lawful basis, please complete Our Data Subject Rights Request Form.
4. WHO HAS ACCESS TO YOUR DATA?
4.1To minimise the risk of unauthorised access to Your Personal Data, We use some of Your Personal Data to authenticate Your identity when You use the Site to access Our Services.
4.2We have a legitimate interest in sharing Your Personal Data with Service Providers who We engage to provide some of Our business and daily operational functions on Our behalf to ensure Our Services. Consequently, We need to disclose Your Personal Data to them for the sole purpose of fulfilling Our Services only (including making improvements to Our Services) and not for the purposes of those Service Providers sending Marketing Communications to You. We limit the Personal Data that We share to the minimum required to provide the Services and the Service Provider will only be able to use the Personal Data for the specific purposes for which it was shared with them by Us. We do not need Your express consent for this as We rely on legitimate interests under Article 6(1)(f) GDPR in addition to the fact that the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.
4.3Disclosure of Your Personal Data in Compliance with Laws or by way of a Legal/Statutory Obligation
You should be aware that We may release Your Personal Data when We believe it is necessary to comply with laws or regulations, to assist law enforcement, to enforce the terms under which You transact or communicate with Us, or to protect the rights, property or safety of WCA, a user or other third parties. We may need to process Personal Data about You to comply with a legal or statutory obligation including but not limited to:
(a)accounting, auditing, compliance and administration practices; and,
(b)the maintenance of amendments to consents and to create suppression lists to ensure users who object to processing are excluded from the relevant processing activity in the future.
4.4 Transfer of Your Personal Data (to third party Data Processors)
From time to time, We may transfer Your Personal Data to a related company, agent or contractor (also known as Service Providers and third party Data Processors) in order to perform certain business services for Us, improve Our Services or to assist our security, credit risk or fraud protection activities and as permitted by Data Protection Legislation from time to time.
|Name of WCA Service Provider||Processing Activity?||Where is the data transferred to? & what level of protection is given to it?|
|Thinking Juice/ Rackspace / AWS||Website hosting||Some or all of Your Personal Data is transferred and stored within the European Economic Area (the “EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, Liechtenstein) in compliance with the Data Protection Legislation. Should We need to transfer Your Personal Data outside of the UK or EEA in the future, it will be in compliance with the GDPR requirements for external transfer and all details will be added to Our Privacy Statement.|
|MailChimp||Direct Marketing||We use MailChimp to send out our Marketing Communications who are certified as adhering to the EU-US Privacy Shield. For more information, please see MailChimp’s privacy notice.|
4.5 Transfer of Your Personal Data (to independent Data Controllers)
From time to time, We may transfer Your Personal Data to a related company, agent or contractor (also known as an independent Data Controller) e.g. where We introduce You to a complimentary service.
|Name of Independent Data Controller?||What Personal Data is transferred/ shared?||Purpose of Sharing?||What is the lawful basis for processing i.e. sharing the Personal Data (as applicable from Article 6 and/ or Article 9)?|
|MailChimp||Email, name, company||To arrange email updates||We will only do this using the lawful basis under Article 6(1)(f) GDPR where You are in membership/we have a working relationship/you have attended one of Our meetings and have not opted out of, or objected to, receiving Marketing Communication|
We will only do this using the lawful basis under Article 6(1)(f) GDPR where You are in membership/we have a working relationship/you have attended one of Our meetings and have not opted out of, or objected to, receiving Marketing Communications.
4.6 Transfer of Your Personal Data (to Joint Data Controllers)
From time to time, We may transfer Your Personal Data to a related company, agent or contractor (also known as a Joint Data Controller)
|Name of Joint Data Controller?||What Personal Data is transferred/ shared?||Purpose of Sharing?||What is the lawful basis for processing i.e. sharing the Personal Data (as applicable from Article 6 and/ or Article 9)?|
|Thinking Juice||Title, first name, surname, Company, Position, Email, Telephone, Company Website||Website Management||We will only do this using the lawful basis under Article 6(1)(f) GDPR where You are in membership/we have a working relationship/you have attended one of Our meetings and have not opted out of, or objected to, receiving Marketing Communication.|
4.7 Transfer of Personal Data in the Event of the Sale of World Coal Association or its Assets
In the event that WCA is sold or transfers some of its assets to another party, Your Personal Data could be one of the transferred assets. If Your Personal Data is transferred, its use will remain subject to this Privacy Statement. Your Personal Data will be passed on to a successor in the event of a liquidation or administration.
4.8 Other Websites and their Privacy Policies and Cookie Policies
The Site may contain links to other websites or applications. We are not responsible for the privacy practices or the content of such websites or applications or for the privacy policies, cookie policies and practices of other third parties, so You should be careful to read and understand those policies independently.
5.HOW DO WE PROTECT YOUR PERSONAL DATA & FOR HOW LONG?
5.1 We aim to ensure Our Services are fully inclusive and accessible to everyone. To make this possible, We need to collect (and may provide to prospective Service Providers) information on Your usage of Our Services which will help us review the accessibility of, and Your usage of, Our Services. This information is very important to Us as it also enhances Our understanding of the User/ Customer needs and helps Us to help the technical administration of the Site, to better understand how the Site is functioning and to draw conclusions upon demographic information. Such information is provided in anonymised and aggregate form and do not include any individually identifiable data.
5.2 RETENTION: How long We keep Your Personal Data depends on the context in which You provide it and the purpose for which We use it. We will only retain it for as long as is necessary for such purposes. Our retention periods are set out in this Privacy Statement in the tables at Clauses 2.1 and/ or 3.3 and/ or 3.4.
7.YOUR RIGHTS UNDER DATA PROTECTION LEGISLATION
7.1 You have a number of rights that You can exercise free of charge and on request in certain circumstances, however, if Your requests are obviously unfounded or excessive, We reserve the right to charge a reasonable fee or to refuse to act. You have the right:
- to be informed about the collection and use of Your personal data;
- to access Your Personal Data and supplementary information;
- to have inaccurate Personal Data corrected, or completed (if it is incomplete);
- to have Your Personal Data erased;
- to restrict Our processing of Your Personal Data
- to receive a copy of any Personal Data You have provided to Us, in a machine-readable format, or have this information sent to a third party (portability);
- to object at any time to processing of Your Personal Data for direct marketing purposes;
- to object in certain other situations to the continued processing of Your Personal Data.
For more information on these rights and when you can exercise them, see the Information Commissioner’s Guide.
7.2 If You wish to exercise any of these rights, please complete Our Data Subject Rights Request Form. We will respond to You within one month from when We receive Your request, unless the complexity and number of requests We receive means that we need more time. If We do need more time (up to two further months), We will tell You why within the first month.
8.COMPLAINTS OR QUERIES
We try to meet the highest standards when collecting and using Personal Data. For this reason, We take any complaints We receive about this very seriously. We encourage You to bring it to Our attention. We are happy to provide any additional information or explanation needed in respect of Our processing activities upon request. If You are still not happy with the way in which Your Personal Data is being processed by Us, You also have the right to lodge a complaint with the Information Commissioner’s Office if you are in the UK, or with the supervisory authority of the European Member State where You work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted here.
9.DEFINITIONS & INTERPRETATIONS
Article 6(1)(a) GDPR Either You have given Your consent to the processing of Your Personal Data for the specific purpose(s) (6(1)(a)); the “processing is necessary for the performance of a contract” (6(1)(b)); processing is necessary for compliance with a legal obligation to which We as a Data Controller are subject (6(1)(c); processing is necessary in order to protect the vital of You or another natural person (6(1)(d); processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Us as a Data Controller (6(1)(e)); processing is necessary for the purposes of the legitimate interests pursued by Us as a Data Controller or by a third party and such interests are not overridden by Your interests or fundamental rights and freedoms of the data subject which require protection of Personal Data (6(1)(f)).
Article 9(2)(a) GDPR: Either You have given Your consent to the processing of Your Personal Data for the specific purpose(s) (9(2)(a)); the processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law (9(2)(b)); the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent (9(2)(c)); the processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects (9(2)(d)); the processing relates to personal data which are manifestly made public by the data subject (9(2)(e)); the processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity (9(2)(f)); the processing is necessary for reasons of substantial public interest, on the basis of Union or Member State 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 the fundamental rights and the interests of the data subject (9(2)(g)); the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3 (9(2)(h)); the processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy (9(2)(i)); processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State 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 the fundamental rights and the interests of the data subject (9(2)(j)).
Content: the content including all Intellectual Property Rights therein residing on the Site (which may or may not include Personal Data).
Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data (Article 4(7));
Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller (Article 4(8));
Data Protection Legislation: means, as applicable to either Party:
- the General Data Protection Regulation 27 April 2016;
- the Data Protection Act 2018;
- the Privacy and Electronic Communications (EC Directive) Regulations 2003;
- any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either Party;
- any laws which implement any such laws; and,
- any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
Data Protection Manager (DPM)]: Adisa Amanor-Wilks
Data Subject Access Request or ‘DSAR’: refers to right of access as further described in the table at Clause 7.
Electronic Mail: includes email, text, video, voicemail, picture and answerphone messages (including push notifications).
General Data Protection Regulation or GDPR: the General Data Protection Regulation ((EU) 2016/679). Personal data is subject to the legal safeguards specified in the Data Protection Legislation including the GDPR.
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Marketing Communication(s): refers to any communication whether by an Electronic Mail method or otherwise that We send to You (either directly or via a WCA Service Provider) or that a Partner Organisation may send to You which may include but are not necessarily limited to relevant newsletters and magazines, information about opportunities, products, services and events and relevant information.
Non-Marketing Communication(s): refers to any communication which is functional/ administrative only as distinct from Marketing Communications.
Partner Organisation: refers to a third party (as distinct from Service Providers) with whom We may share Your Personal Data from time to time subject to Your consent who may then contact You directly with Marketing Communications (or Non-Marketing Communications) subject to Your permission.
Service Providers: refers to third party Data Processors (as distinct from Partner Organisations) with whom We work with from time to time as a necessary part of providing Our Services and with whom We may need to share Your Personal Data with from time to time which shall include Thinking Juice, Systems IT, MailChimp.
Services: refers to Our Services We may provide to You.
Special Category Data: is defined under Article 9 of the GDPR as 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.
User/ Customer: refers to the person using the Site.
10. CHANGES TO THIS PRIVACY STATEMENT
We keep Our Privacy Statement under regular review. This Privacy Statement was last updated on 04/03/2019.