The Official UK Charts Company (referred to in this notice as the “OCC”, “we” and “us”) is a limited company owned jointly by BPI (British Recorded Music Industry) Limited (“BPI”) and the Entertainment Retailers Association (“ERA”).
OCC and BPI are committed to protecting your privacy on-line. This policy explains how we use your personal data to provide services to you when you visit the website currently located at www.officialcharts.com (the "Site"), and when you sign up to receive our newsletters, and when we process third party and supplier contact information.
References to your “personal data” include any or all of your personal data, as the context requires, including “special categories of personal data”, which relates to more sensitive information about you. The only special category data we collect is gender, from our newsletter subscribers. There are other categories of “special categories of personal data” which are less likely to be processed, but for a full definition, see Article 9 of the General Data Protection Regulation (“GDPR”).
1. Identity and contact details of the data controller and the data protection manager
The OCC is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you.
OCC is not obliged to appoint a statutory data protection officer, but have appointed an internal Data Protection Manager (“DPM”). For any queries, please contact:
The DPM is responsible for overseeing compliance with this privacy notice and for handling any data protection queries or issues involving OCC. You should contact the DPM in the first instance about any issue involving data protection, whether it involves your data or anyone else’s.
2. What information we collect
We collect the following personal information from subscribers to our newsletters:
- Email address
- Telephone number
- Date of Birth (optional)
- Gender (optional)
In respect of visitors to the Site, we may collect:
- IP Address
In respect of third parties/suppliers, we may collect:
- Contact details
3. How do we collect your personal data?
We collect the data in relation to subscribers to our newsletters from the subscribers themselves, who either input their data into a page on our website, or through a pop up on our website, or when they are given the option to subscribe when entering a competition.
We collect data from Site visitors through cookies. Please see our Cookies policy here.
4. Why do we collect your information
We collect data from our newsletter subscribers in order to be able to email them newsletters they have subscribed to. We also send out newsletters, competitions, promotions and offers. We also collect data such as gender and date of birth (along with optional musical preferences) so that we can analyse and segment our database in order to develop marketing plans.
We collect data from the Site in order to monitor, develop and improve the Site and your experience using it and to understand customer trends and patterns.
5. What are the legal bases and the purposes for which we process your personal data?
We will only use your personal data as permitted by law. We will use your personal data in either of the following circumstances:
- Where we have your consent to do so.
- Where we need to perform the contract we have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We are required to specify what the legitimate interests are (see below for further details).
You are asked to consent to the use of your personal data when you subscribe to our newsletter(s). You may withdraw your consent for the use of your data for receiving the newsletter for these purposes at any time by following a clearly displayed link in the email [and on our website, here] in which case all reasonable efforts will be made to erase your data from our systems.
What if I am a Site user aged 13 or under?
If you are aged 13 or under, you will need your parent/guardian's permission before you provide personal information to the Site. Users aged under 13 without parental/guardian consent are not allowed to provide us with personal information. If we become aware that you are under 13 and are attempting to submit or have submitted personal information via the Site without your parent/guardian's permission, we will not accept such information and we will promptly remove such information from our records.
Necessary for our legitimate interests or those of a third party
It is in our legitimate interests to use your personal information in such a way to ensure that we can continue providing the best content to you, through our newsletters, and on the Site, including through obtaining advertising support.
It is in our legitimate interests to use contact information for suppliers/third parties in order to properly perform the business arrangements we have entered into with suppliers/third parties.
”Special categories” of personal data
”Special categories” of personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal data in limited circumstances with your explicit written consent.
We ask newsletter subscribers to provide their gender when gathering their information. There is no obligation for subscribers to provide this. The legitimate interest we have for collecting this data is to be able to analyse and segment data about our subscriber list.
You should be aware that it is not a condition of receiving the newsletter that you agree to any request for consent to use special category data from us.
You are also reminded of your right to withdraw your consent at any time, in any cases where your consent has been sought. We would then erase your data, unless we had another lawful basis for processing it.
6. 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 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, before we start using it for that unrelated purpose. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is permitted by law.
7. Sharing Data
We may share your data with third parties, including third-party service providers and any sub-contractors of those service providers where required by law, or where we have a legitimate interest in doing so.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We use a company called Campaign Monitor to manage our database of newsletter subscribers and send out newsletters on our behalf. Sometimes, Campaign Monitor stores data outside the EEA. Where it does so, we have ensured that it takes steps to ensure adequate security measures to protect your data.
How secure is your information with third party service providers?
All our third party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes unless they are data controllers in their own right in relation to your personal data. Where they operate as our “data processors” (ie they process your personal data on our behalf and acting only on our instructions), we only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about disclosure to other third parties?
We may share your personal data with other third parties, for example to external legal or other professional advisers, or to otherwise comply with the law.
What safeguards are in place in relation to the transfer of your personal data outside of the EU?
Other than in relation to Campaign Monitor, detailed above, neither we nor any of our third party suppliers envisage transferring your personal data outside the EU. If the position changes, we will let you know and also let you know of the safeguards we will be putting in place to keep your personal data secure.
8. How long will we retain your personal data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal data are available in our Records Management Policy which is available from the DPM. 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 requirements.
9. What are your rights and obligations as a data subject?
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please let us know of any changes. We will update your records promptly upon being notified of such changes.
Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
- 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).
- 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.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the DPM in writing.
No fee usually required
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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances, as permitted by the GDPR.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
What are your rights to withdraw consent to processing?
Where you may have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, use our unsubscribe buttons, or contact the DPM. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
10. Using our Site
Offensive or inappropriate content on the Site
If you post or send offensive, inappropriate or objectionable content anywhere on or to the Site, or otherwise engage in any disruptive behaviour on the Site, we may use your personal information to stop such behaviour. Where we reasonably believe that you are or may be in breach of any of applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use your personal information to inform law enforcement agencies about the content and your behaviour. We reserve the right to prevent you from accessing some of the Site services if you display such behaviour.
The Site may contain links to other websites where information practices may be different to ours. For example, if you click on a link, this may take you off the Site. Visitors should consult the privacy policies of the websites they are taken to for further details, as we are not responsible for and have no control over information that is submitted to, or collected by, these third parties.
We use a provider called Disqus to provide a "comment" facility on our Site. In order to comment on our Site, you will need a Disqus account which will be subject to Disqus terms, and Disqus will control any data they take from you through that account.
We may sometimes offer content (e.g., competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the website activity. We are not responsible for and have no control over these third parties' use of this information.
11. Advertising on our Website
About our advertising
It is important to remember that none of this advertising will collect information such as your name, email address, postal address or phone number.
The third parties who populate the advertising space on our Site may collect (without limitation):
- IP Address
- Device information such as make and model
- ISP and Browser information
- Search history
- Advertising on mobile devices may require the collection and sharing of the unique device ID with companies who purchase advertising space on the mobile application, and may include use of mobile ad identifiers for interest-based or cross-app advertising and analytics.
These third parties are separate data controllers in their own right, and you should refer to their terms in order to understand which of your data is processed by them, and your rights in relation to it. The third parties currently used to populate the advertising spaces are:
Unruly Limited, Rubicon Project, Inc., AdSense, InSkin Media, Collective UK, Sovrn Holdings, Inc., Sublime Skinz, Taboola, Ligatus, Nielsen, Disqus, Apester, Whenever Media and YOC.
It is possible to opt out of providing personal information to advertisers, for example, using an industry wide opt out such as http://aboutads.info/choices. Please note that if you do so, this does not mean that you will no longer receive advertising when you are using our Site. It will just mean that the advertising you see will not be customised for you, and that the advertiser should not collect any of your personal data.
Because these third parties are independent controllers of your data, we do not consider that the OCC is obliged to have a lawful basis for any processing that occurs in relation to this advertising. It is noted, however, that the OCC has a legitimate interest in obtaining the revenue that advertising creates in order to be able to supply the content on the Site.
Our Site has security installed to ensure that any personal data entered onto the Site is protected against loss, misuse or alteration. However, due to the nature of the Internet, we can't guarantee the protection of your personal information and we can't be responsible for any outcomes resulting from a breach of security when the Site is used. We're confident in our security, and it is always a top priority to ensure we do not get any problems.
We have put in place measures to protect the security of your information. Details of these measures are available upon request but in brief, we secure the storage of your data on our servers, and restrict access to only those employees, agents, contractors and other third parties who have a business need to know. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
13. Changes to this privacy notice
If you have any questions about this privacy notice, please contact the DPM.
14. What are your rights to lodge a complaint about the way in which your personal data are being processed?
Firstly we would urge you to contact the DPM in writing so that we can try to resolve your complaint to your satisfaction. If you are not satisfied with the DPM’s response, you may contact the Information Commissioner’s Office (“ICO”) on 0303 123 1113.
You are free to contact the ICO at any time. However, the DPM may be able to answer your concerns or questions more quickly.