DAU

PHENOMEN FILMS

Last updated 13 February 2019

This website is owned and operated by Phenomen Group. We are committed to protecting and respecting your privacy.

Phenomen UK Ltd ("our", "we", "us" or "Phenomen") is the controller and is responsible for your personal data. We may also share your personal information with other members of the Phenomen Group including Phenomen Films Paris, registered office at 4 Rue Saint-Germain l'Auxerrois, 75001 Paris, France ("Phenomen Paris"). These entities shall act as joint controllers and shall process your personal information in accordance with this Privacy Policy. Please refer to the contact details section of the Privacy Policy for details on these entities.

Phenomen acts as an agent on behalf of the group of companies staging the international launch of a series of events ("DAU Events") and will be the primary party controlling your personal data. However, where the DAU Event is hosted in Paris your personal data may also be controlled by Phenomen Paris so that it may operate the event (for details of which, see Transfers between Phenomen and European Phenomen Entities).

If you have any further questions about how the Phenomen Group control your personal data, please contact us at [email protected].

You may contact our Data Protection Officer, Mr Ali Kalil, at [email protected].

1. Introduction

This privacy policy ("Privacy Policy") sets out the types of personal data we collect and use, and how we may disclose that information. It covers our collection, processing and use of personal data when you use our website: www.dau.com (the "Website").

When you supply any personal data to us we have legal obligations towards you in the way we use that data. We must collect the information fairly and explain to you how we will use it. For ease of reading, we have divided this Privacy Policy into several sections:

Introduction
What information do we collect?
How and why do we use/share your information?
Transfers between Phenomen and European Phenomen Entities
For How long do we keep your information?
Security
International Data Transfers
Cookies
Your Rights
Contact Details

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice that we may provide at or around the time that we collect or process personal data about you so that you are fully aware of how and why we are using that data.

This Privacy Policy supplements other notices including our Website Terms of Use, Terms & Conditions of Sale (or such other terms as may govern the provision of one our events), and our Cookies Policy and is not intended to override or replace them.

By visiting our Website, you agree to its terms (including as amended from time to time) and this Privacy Policy. If, for any reason, you do not agree to the terms of this Privacy Policy, please stop using this Website.

We reserve the right to revise or amend this Privacy Policy at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes. However, it is your responsibility to check this Privacy Policy before each use of the Website.

Please note that our Website is not directed at children under the age of 16 ('Child' or 'Children') and we do not knowingly collect personal information about Children. If you believe we have collected personal information about your Child, you may contact us at [email protected] and request that we remove information about your Child.

2. What information do we collect?

What is personal data?

Where this Privacy Policy refers to 'personal data' it is referring to data about you from which you could be identified - such as your name, your date of birth, your contact details and even your IP address.

By law all organisations who process your personal data in Europe are obliged to process your personal data in certain ways and to ensure that you are given an appropriate amount of information about how they use it. You also have various rights to seek information from those organisations about how they are using your data, and to prevent them from processing it unlawfully. For more information about these rights, please see the 'Your Rights' section of this Privacy Policy.

How and what types of data we collect from you when you use our Website

When you use this Website to purchase tickets to our events, register an account, register to participate in our events, subscribe to our newsletters and services, request marketing be sent to you, participate in social media functions, contact us by post, telephone, email or SMS, participate in a competition or promotion or report a problem with this Website, we may collect, store and use certain personal information that you disclose to us.

The information we collect from you may include (but is not limited to): your title, name, contact details, address, your image (by way of a photograph), gender, age, date of birth, nationality, country of residence and preferred language, occupation, marital status, e-mail address, payment details, interests, preferences, feedback and survey responses.

We shall also collect information about you when you visit and interact with our Website through the use of technologies such as cookies. The following are examples of information we may collect:

information about your device, browser or operating system;
your login information;
time zone setting;
your IP address;
information about links that you click and pages you view on our Website
length of visits to certain pages;
products you viewed or searched for; page response times;
download errors;
page interaction information (such as scrolling, clicks, and mouse-overs);
methods used to browse away from the page;
the full Uniform Resource Locators (URL) clickstream to, through and from this Website (including date and time); and
any phone number used to call our customer service number.

We also partner with third parties who may collect anonymous usage or statistical data through your use of our Website (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We may receive information about you from them through the use of cookie technologies to personalise advertisements for goods and services. To opt out of receiving advertisements tailored to your interests by our partners, visit the European Interactive Digital Advertising Alliance at www.youronlinechoices.com/.

For more information on this kind of technology, please see our Cookies Policy.

Updating your information

If you want to update the information you have previously given to us, you can contact us at [email protected].

3. How and why do we use/share your information?

We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:

Where you have asked us to do so, or consented to us doing so;
Where we need to do so in order to perform a contract we have entered into with you;
Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
Where we need to comply with a legal or regulatory obligation.

Where we collect Special Category Personal Data from you when you complete a form to register to participate in our events, we also seek your explicit consent for doing so.

Where you give your consent to a particular type of data processing you may withdraw that consent at any time. You can do this by letting us know that you wish to withdraw that consent by telling us at [email protected]. However, this may impact the services we provide to you (including your ability to receive the services).

Here are some examples about how we may use the information we collect about you and the lawful basis we rely on to do so.

Activity	Examples of the types of personal data we may collect	Lawful basis for processing
To register you as a new customer.	Name, email address and log-in information.	Performance of a contract with you.
To process and deliver your order.	Log-in information, contact information and financial information.	Performance of a contract with you.
To collect information necessary for your attendance at the event.	Name, age, if you require special access, identity information and contact information.	Performance of a contract with you.
To process your information should you wish to join the Phenomen team.	Contact information, information about your interests and information about your employment and academic history.	You shall provide us with your consent to process this information. Necessary for our legitimate interests (to keep our records updated).
To manage our relationship with you (including notifying you about any changes to the Website or services or other information you need to know).	Log-in information, contact information, IP address, technical information, purchase and order information, and marketing and communications information.	Performance of a contract with you. Necessary for our legitimate interests (to keep our records updated and to study how customer use our products/services). Necessary to comply with a legal obligation.
To enable you to partake in a prize draw, competition or complete a survey.	Log-in information, contact information, interests, information about how you use the Website, and marketing and communications information.	Performance of a contract with you. Necessary for our legitimate interests (to study how customers use our products and 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).	Log-in information, contact information and technical information.	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) Necessary to comply with a legal obligation.
To deliver a personalised browsing experiences and use of the Website generally, relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Log-in information, contact information, technical information, information about how you use the Website, interests, feedback, survey responses and marketing and communications information.	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, products/services, marketing, customer relationships and experiences.	Technical information and information about how you use the Website.	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).
To take and publish photographs and recordings of you whilst at the DAU Events.	Your image and voice.	Necessary for our legitimate interests (to increase interactivity of our services to you and to keep records of and market the DAU Events). Further, we are processing and publishing your image and voice during and after the event for journalistic and artistic purposes.
To make suggestions and recommendations to you about goods or services that may be of interest to you.	Log-in information, contact information, technical information, information about you use the Website, interests, information, feedback, survey responses and marketing and communications information.	Necessary for our legitimate interests (to develop our products/services and grow our business).
To provide any regulator, court with or competent authority or comply with any legal any other legal obligation.	Any information that we may be obliged to provide.	Necessary to comply with a legal obligation.

Sharing your information

Depending on how and why you provide us with your personal data, we may share it in the following ways:

we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section L233-1 of the French Commercial Code;
with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (see "Service Providers" below) or for the purpose of sourcing you employment or engagements with a third party; and
with analytics and search engine providers that assist us in the improvement and optimisation of this Website.

Where we share your data with other members of our company group this will be done either because you have provided your consent to that processing (which will be made clear to you at the point that you provide that consent) or, where that processing is necessary to deliver services that we have contracted to provide you with, because we need to make that transfer in order to deliver those services. For more specific information on why and how this will happen, please see Transfers Between Phenomen and European Phenomen Entities.

We will not share your information with third parties in order for that third party to provide direct marketing communications to you, unless it relates to a specific activity which we are undertaking with a third party (e.g. a competition) and you have provided your consent for such use. Such activity will have its own terms and conditions relating to the way in which your information may be used.

We may also disclose your personal information to third parties in the following events:

if we were to sell or buy any business or assets, in which case we might disclose your personal information to the prospective seller or buyer of such business or assets;
if Phenomen or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets; and
if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Website terms of use or terms and conditions of supply and other agreements entered into with you; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Service Providers

Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this information and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject. Amazon Web Services, Airtable, 5B Concept and Stripe are our trusted third party service providers.

Links to third party sites

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. We may also provide links to third party websites that are not affiliated with our Website. All third party websites are out of our control and are not covered by this Privacy Policy. If you access third party sites using the links provided, the operators of these sites may collect information from you that could be used by them, in accordance with their own privacy policies. Please check these policies before you submit any personal data to those websites.

Photography and Recordings

Where you attend the DAU Event you should expect to be photographed throughout by professional photographers that we engage with. Voice and video recordings will also be collected at any 'listening sessions' or other interactive sessions you participate in. Further, you are provided with a device in order for you to participate in the DAU Events (the "Device"). The Device shall record you throughout your participation at the DAU Event. All photographs and recordings of you collected during the DAU Events are referred to as ("Materials").

We may use these Materials which include your image and voice to promote other DAU Events and Phenomen. These Materials may therefore be published on our Website or any journalistic or other publishable material during a period of 5 years following the end date of the DAU Paris Event. This includes for the avoidance of doubt any display screens which Phenomen may install internally or externally.

As this processing is being carried out with a view to the publication of journalistic or artistic material, we rely on the exemptions within the Data Protection Legislation to process your information. There is a public interest in publishing the Materials in that it encourages openness and creates allows the public to understand for about the DAU Event and the experiences each participant may experience.

In any event, we rely on our legitimate interest to create an interactive experience for you at the DAU Event and to promote the DAU Event and Phenomen to process your personal data in this way.

4. Transfers between Phenomen and European Phenomen Entities

Phenomen Paris

Where you provide your personal data to Phenomen Paris for the purposes of applying for a ticket to one of our DAU Events in Paris, then your data will be processed by both Phenomen Paris and Phenomen UK in order to deliver the requested services to you. The parties will be joint-controllers and will process the data as follows

Phenomen UK shall be responsible for:
- the processing of Personal Data received from Phenomen Paris pursuant to whether individual applicants should be issued with tickets to DAU Events (which may be described commercially as 'visas');
- transferring details of successful applications to the party responsible for issuing tickets to the relevant DAU Events;
- processing data collected from individual data subjects which have been issued with tickets to DAU Events for the purposes of enabling the customisation of the individual DAU Event experience delivered to those data subjects;
- hosting the data described above for the duration in which that processing takes place (which will be physically stored on servers provided by our data processor, Amazon Web Services); and
- ensuring that (save for where the joint controller agreement specifically states otherwise) all obligations imposed on the parties by relevant data protection laws are complied with (including, for example but without limitation, ensuring that adequate notifications of any data breaches are made to local regulatory authorities and to data subjects pursuant to Articles 33 and 34 of the GDPR).
Phenomen Paris shall be responsible for:
- receiving applications for tickets to DAU Events in the first instance, and transferring that data to Phenomen UK in order to enable it to determine whether individual applications are to be issued with tickets or not (as described above);
- ensuring that all relevant notifications relating to the processing of personal data are made to data subjects (including for the avoidance of doubt all such notifications required by Articles 13 and 14 of the GDPR);
- collecting data, which may include personal data, from visitors to DAU Events using electronic devices issued to those individuals by Phenomen Paris at the event, and transferring the same to Phenomen UK to enable it to perform the processing necessary to deliver a customised event experience to them;
- processing such data for such purposes where it is necessary for it to do so in the course of delivering DAU Event services at the physical location at which those DAU Events take place.

5. For how long do we keep your information?

We will hold your personal information on our systems only for as long as required to provide you with the products and services you have requested, 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.

Where you sign up to receive e-mail marketing from us we will retain your e-mail address after you 'opt-out' of receiving e-mails in order to ensure that we continue to honour and respect that request. To unsubscribe from marketing emails at any time, please click on the unsubscribe link at the bottom of any marketing email and update your account preferences. You may also contact us to inform us if you do not wish to receive any marketing materials from us.

In some circumstances, you can ask us to delete your data: see 'Your Rights' below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

6. Security

Phenomen takes the protection of your information very seriously. We have put in place appropriate security measure to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including use of: (i) encryption (SSL), firewalls and virus scanning to protect your personal data when appropriate and (ii) secure servers once we receive your personal data.

We may store your personal data on secure servers either on our premises or in secure third party data centres.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. International Data Transfers

Please note that some of our service providers may be based outside of the European Economic Area (the "EEA"). These service providers may work for us or for one of our suppliers and may be engaged in, among other things, the fulfilment of your request for information, products and services, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. Where we transfer your data to a service provider that is outside of the EEA we seek to ensure that appropriate safeguards are in place to make sure that your personal data is held securely and that your rights as a data subject are upheld. If you would like more information about how the mechanism via which your personal data is transferred, please contact [email protected].

Where we have given you (or where you have chosen) a password which enables you to access certain parts of this Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

8. Cookies

A cookie is a small text file placed on your device when you visit a website. You can accept or decline cookies through your browser settings or other software. Our website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a better experience when you browse our website and also allows us to make improvements. For more information please see our Cookies Policy.

9. Your Rights

As a data subject you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

Right of Access

You may, at any time, request access to the personal data that we hold which relates to you (you may have heard of this right being described as a "subject access request").

Please note that this right entitles you to receive a copy of the personal data that we hold about you in order to enable you to check that it is correct and to ensure that we are processing that personal data lawfully. It is not a right that allows you to request personal data about other people, or a right to request specific documents from us that do not relate to your personal data.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a subject access request. You do not have to fill in a specific form to make this kind of request.

Your Right to Rectification and Erasure

You may, at any time, request that we correct personal data that we hold about you which you believe is incorrect or inaccurate. You may also ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the "right to be forgotten").

Please note that we may ask you to verify any new data that you provide to us and may take our own steps to check that the new data you have supplied us with is right.Further, we are not always obliged to erase personal data when asked to do so; if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a request to have your personal data rectified or erased and on what basis you are making that request. If you want us to replace inaccurate data with new data, you should tell us what that new data is. You do not have to fill in a specific form to make this kind of request.

Your Right to Restrict Processing

Where we process your personal data on the basis of a legitimate interest you are entitled to ask us to stop processing it in that way if you feel that our continuing to do so impacts on your fundamental rights and freedoms or if you feel that those legitimate interests are not valid.

You may also ask us to stop processing your personal data (a) if you dispute the accuracy of that personal data and want us verify that data's accuracy; (b) where it has been established that our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process your personal data (and would otherwise dispose of it) but you wish for us to continue storing it in order to enable you to establish, exercise or defend legal claims.

Please note that if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to stop processing, we will tell you what that reason is, either at the time we first respond to your request or after we have had the opportunity to consider and investigate it.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a request to have us stop processing the relevant aspect of your personal data and describing which of the above conditions you believe is relevant to that request. You do not have to fill in a specific form to make this kind of request.

Your Right to Portability

Where you wish to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used machine-readable format.

Because of the kind of work that we do and the systems that we use, we do not envisage this right being particularly relevant to the majority of individuals with whom we interact. However, if you wish to transfer your data from us to a third party we are happy to consider such requests.

Your Right to object to processing

You may object to processing of your personal data where we rely on legitimate interest for processing that personal data. We will comply with your request unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.

Your Right to stop receiving communications

For details on your rights to ask us to stop sending you various kinds of communications, please contact us.

Your Right to object to automated decision making and profiling

You have the right to be informed about the existence of any automated decision making and profiling of your personal data, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.

You have the right to set guidelines regarding the fate of your personal data after your death.

You have the right to set guidelines for the retention, erasure and disclosure of your personal data after your death. These guidelines can be general or specific.

Exercising your rights

When you write to us making a request to exercise your rights we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.

It will help us to process your request if you clearly state which right you wish to exercise and, where relevant, why it is that you are exercising it. The clearer and more specific you can be, the faster and more efficiently we can deal with your request. If you do not provide us with sufficient information then we may delay actioning your request until you have provided us with additional information (and where this is the case we will tell you).

10. Contact Details

If you have any queries regarding this Privacy Policy, if you wish to exercise any of your rights set out above or if you think that the Privacy Policy has not been followed, please contact us by emailing at [email protected].

Phenomen Group comprises the following entities:

Phenomen UK Limited, registered in England and Wales as a limited company at Companies House (No. 07850533) with studio headquarters based at 100 Piccadilly, Mayfair London, W1J 7NH, United Kingdom, and registered company office address at 55 Loudoun Road, London, NW8 0DL (Phenomen UK Limited is a wholly owned subsidiary of Phenomen Trust, Charity No. 1161745).
Phenomen Films Paris, registered in France as a Société à responsabilité limité (FR83 832 042 873) with registered address at 4 Rue Saint Germain l'Auxerrois, 75001, Paris, France (Phenomen Paris is a wholly owned subsidiary of Phenomen Trust Charity No. 1161745).
Phenomen Berlin Filmproducktions GmbH, incorporated and registered in Germany (company number HRB 134413 B) whose registered address is at Großbeerenstr. 174-184, Berlin 12277.

You may also lodge a complaint to the supervisory authority about the way we process your personal data. We would however, appreciate the chance to address your concerns before you approach the supervisory authority, so please contact us in the first instance.