PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. WHO WE ARE AND HOW TO CONTACT US
1.1 https://cheil.uk is a site operated by Cheil Europe Limited (”we” / “our” / “us”). We are registered in England and Wales under company number 04909746 and have our registered office at The Crane Building, 22 Lavington Street, London, SE1 0NZ. Our main trading address is The Crane Building, 22 Lavington Street, London, SE1 0NZ. Our VAT number is GB823319836. To contact us, please email cio.uk@cheil.com.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
2.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
3.1 These terms of use refer to the following additional terms, which also apply to your use of our site:
• Privacy Policy
• Cookie Policy
4. WE MAY MAKE CHANGES TO THESE TERMS
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5. WE MAY MAKE CHANGES TO OUR SITE
5.1 We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities.
6. WE MAY SUSPEND OR WITHDRAW OUR SITE
6.1 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.2 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
7. HOW YOU MAY USE MATERIAL ON OUR SITE
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8. RELIANCE ON INFORMATION ON THIS SITE
8.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our site.
8.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
9. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
9.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
10. USER-GENERATED CONTENT IS NOT APPROVED BY US
10.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
10.2 If you wish to complain about information and materials uploaded by other users please contact us using the contact details above.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you (and will be set out in separate terms).
11.2 If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
11.3 If you are a consumer user:
• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use your personal information as set out in our privacy policy.
13. UPLOADING CONTENT TO OUR SITE
13.1 Whenever you make use of any feature on our site that allows you to upload content to our site, or to make contact with other users of our site, you must comply with any associated content standards set or any acceptable use policy.
13.2 You warrant that any such contribution complies with those standards, is lawful, is your own work, and that your content and use of it, including uploading it to our site, will not infringe the intellectual property or other rights of any third party. You will be liable to us and will indemnify us for any breach of these warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties at our discretion.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or any other rights (including but not limited to privacy rights and data subject rights under applicable data protection legislation).
13.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the relevant content standards or acceptable use policy.
13.6 You are solely responsible for securing and backing up your content.
14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
14.1 We do not guarantee that our site will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
14.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15 RULES ABOUT LINKING TO OUR SITE
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3 You must not establish a link to our site in any website that is not owned by you.
15.4 Our site must not be framed on any other site and you must not create a link to any part of our site other than the home page.
15.5 We reserve the right to withdraw linking permission without notice.
15.6 If you wish to link to or make any use of content on our site other than that set out above, please contact us using the details above.
16 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
16.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
16.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
EXTERNAL PRIVACY NOTICE
Last Updated 22 May 2018
We respect the privacy of every person who visits or registers with cheil.london (the “Site”) and we are further committed to ensuring a safe online experience. We also respect the privacy of every person who uses the services that we make available from the Site or who engages with us to use the services that Cheil provides (be it through the Site or not) (our “Services”) or whose personal information we may process as a result of providing the Services to others or who applies to work at Cheil.
1 PURPOSE OF THIS POLICY
This privacy notice (“Privacy Notice”) explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal information. This Privacy Notice also sets out your rights in respect of our processing of your personal information.
This Privacy Notice will inform you of the nature of the personal information about you that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.
This Privacy Notice is intended to assist you in making informed decisions when using the Site and our Services and/or to understand how your personal information may be processed by us as a result of providing the Services to others or when you apply to work at Cheil. Please take a moment to read and understand it. Please note that when using the Site it should be read in conjunction with our Website Terms of Use.
Please also note that this Privacy Notice only applies to the use of your personal information obtained by us, it does not apply to your personal information collected during your communications with third parties.
2 WHO ARE WE AND WHAT DO WE DO?
The Site and our Services are operated by Cheil Europe Limited, (“we”, “us” or “our”).
Cheil Europe Limited is the data controller responsible for your personal information processed via the Site.
Cheil Europe Limited is a UK company with registered company number 04909746 and whose registered office is at The Crane Building, 22 Lavington Street, London, SE1 0NZ.
Please note that depending on with which Cheil entity you contract in relation to the Services third party entities may also be data processors responsible for your personal information processed in relation to the Services. For more information please contact the Chief Information Office at cio.uk@cheil.com
3 HOW TO CONTACT US?
If you have any questions about this Privacy Notice or want to exercise your rights set out in
this Privacy Notice, please contact us by:
• sending an e-mail to cio.uk@cheil.com
4 WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
Our primary goal in collecting personal information from you may be to: (i) verify your identity; (ii) help us deliver our Services; (iii) improve, develop and market new Services; (iv) carry out requests made by you on the Site or in relation to our Services; (v) investigate or settle inquiries or disputes; (vi) comply with any applicable law, court order, other judicial process, or the requirements of a regulator; (vii) enforce our agreements with you; (viii) protect the rights, property or safety of us or third parties, including our other customers or subscribers and users of the Site or our Services; (ix) provide support for the provision of our Services; (x) recruitment purposes; and (xi) use as otherwise required or permitted by law.
To undertake these goals we may process the following personal information:
If you are a visitor to the Site:
• Name and job title.
• Contact information including email address.
• Demographic information such as postcode, preferences and interests.
• Other information relevant to provision of Services.
If you are an individual customer or subscriber in receipt of our Services or prospective
individual customer or subscriber:
• Name and job title.
• Contact information including email address.
• Payment information.
• Other information relevant to provision of Services.
• Information that you provide to us as part of our providing the Services to you which depends on the nature of your agreement with Cheil.
• Relevant information as required by regulatory Know Your Client and or Anti Money Laundering regulations. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout our relationship with clients, which we may request and/or obtain from third party sources. The sources for such verification may comprise documentation which we request from the prospective client or through the use of online sources or both.
Primarily Cheil is engaged by corporate customers (i.e. other corporate entities) and as such those customers are not data subjects. However as part of such instructions personal information about other persons may be provided to us (e.g. personal information relating, without limitation, to any of our corporate clients’ or prospective clients’ workers or subscribers.)
If you are an individual whose personal information may be processed by us as a result of providing the Services to others (including individual clients and corporate clients) we will process a variety of different personal information depending on the Services provided in question.
The following is a non-exhaustive list which is reflective of the varied nature of the personal information processed as part of our business.
For instance, if we are providing technical support to a corporate customer for the benefit of a subscriber we may be provided with, and then process, personal information about that subscriber including but not limited to the subscriber’s name and contact details.
We might also need to process personal information in relation to corporate customers’ workers who use Cheil services in the course of their work for our corporate customer.
If you are a potential recruit to a Cheil office:
• Name and job title.
• Contact information including email address.
• Curriculum vitae, your education, employment history and similar matters and similar
information that you may provide to us.
• Other information relevant to potential recruitment to Cheil.
In particular, we may use your personal information for the following purposes:
➢ Fulfilment of Services
We collect and maintain personal information that you voluntarily submit to us during your use of the Site and/or our Services to enable us to perform the Services. Please note also that our Terms of Business also apply when we provide the Services.
Who do we share your personal information with for this purpose?
We may share personal information with a variety of the following categories of third parties as necessary when providing the Services:
• IT providers;
• Third party creative service providers; and
• Third party social media platforms.
Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can.
What is our legal basis?
It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can.
➢ Client services
Our Site uses various user interfaces to allow you to request information about our Services: these include a dedicated recruitment email address and a telephone enquiry service. Contact information may be requested in each case, together with details of other personal information that is relevant to your Service enquiry. This information is used in order to enable us to respond to your requests.
Who do we share your personal information with for this purpose?
We do not share your personal information for this purpose.
What is our legal basis?
It is in our legitimate interest or a third party’s legitimate interest to use your personalinformation in such a way to ensure that we provide the very best client service we can to you or others.
➢ Your feedback about our Services
From time to we will contact you to invite you to provide feedback about our Services in the form of online or postal surveys. We use this information to help us improve the quality of service provided by our staff. We also use your feedback to monitor and improve the quality of our Services and our Site.
Who do we share your personal information with for these purposes?
We use a third party service provider to assist us with client surveys and feedback requests.
What is our legal basis?
It is in our legitimate business interests to use the information you provide to us in your feedback for the purposes described above.
➢ Prize draws, prize competitions and other promotions.
From time to time, we may run prize draws, prize competitions and other promotions on our Site and/or on our social media accounts. For the purposes of administering such promotions and distributing any prizes or gifts, we may process your personal information such as your name and contact details (including email address, postal address and/or telephone number, as applicable) and, if relevant, your age, gender, job role, social media handle, payment details and any other personal information volunteered by you in your promotion entry.
Who do we share your personal information with for these purposes?
We may share personal information with specialist suppliers who assist us in administering our competitions, prize draws and other promotions.
What is our legal basis?
It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you (e.g. the terms and conditions applicable to the promotion to which you may be asked to agree as a condition of entry) or it is in our legitimate interest to use your personal information to enable you to participate in any prize draws, prize competitions and other promotions.
➢ Business administration and legal compliance
We use your personal information for the following business administration and legal compliance purposes:
• to comply with our legal obligations;
• to enforce our legal rights;
• protect rights of third parties; and
• in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.
Who do we share your personal information with for these purposes?
We will share your personal information with professional advisers such as lawyers and accountants and/or governmental or regulatory authorities.
What is our legal basis?
Where we use your personal information in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.
➢ Recruitment
We use your personal information for the following recruitment purposes:
• To assess your suitability for any position for which you may apply at Cheil whether such application has been received by us online, via email or by hard copy or in person application.
• To review Cheil’s equal opportunity profile in accordance with applicable legislation, and ensure Cheil does not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislation. All employment related decisions are made entirely on merit
Who do we share your personal information with for these purposes?
We do not share your personal data for recruitment purposes.
What is our legal basis?
Where we use your personal information in connection with recruitment it will be in connection with us taking steps at your request to enter a contract we may have with you or it is in our legitimate interest to use personal information in such a way to ensure that we can make the best recruitment decisions for Cheil. We will not process any special data except where we are able to do so under applicable legislation or with your explicit consent.
➢ Client insight and analysis
We analyse your contact details with other personal information that we observe about you from your interactions with our Site, our email communications to you and/or with our Services such as the Services you have viewed.
Where you have given your consent (where lawfully required), we use cookies, log files and other technologies to collect personal information from the computer hardware and software you use to access the Site, or from your mobile. This includes the following:
• an IP address to monitor Site traffic and volume;
• a session ID to track usage statistics on our Site;
• information regarding your personal or professional interests, demographics, buying habits, experiences with our products and contact preferences.
Our web pages contain “cookies” "web beacons" or “pixel tags.” (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross- referenced to the source e-mail and the relevant Tag.
In some of our e-mail messages, we use a “click-through URL” linked to certain website administered by us or on our behalf.
Please see our cookie policy for further information.
By using this information, we are able to measure the effectiveness of our content and how visitors use our Site and our Services. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our registered users like to see.
We also use this information for marketing purposes (see the marketing section below for further details).
Who do we share your personal information with for these purposes?
We share your personal information with a variety of third party service providers to assist us with client insight analytics. These providers include for example Google Analytics. Other providers are described in our Cookie Policy.
What is our legal basis?
Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see our Cookie Policy for further details.
Where your personal information is not in an anonymous form, it is in our legitimate interests to use your personal information in such a way to ensure that we provide the very best products and services to you and our other clients.
➢ Marketing communications.
We carry out the following marketing activities using your personal information:
• Email Marketing
We use information that we observe about you from your interactions with our Site, our email communications to you and/or with our Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) and/or your email address, to send you marketing communications by email, where you have consented to receive such marketing communications, or where we have another lawful basis to do so.
Who do we share your personal information with for these purposes?
We share your personal information with a variety of third party email marketing providers who assist us in delivering our email marketing campaigns to you.
What is our legal basis?
Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see our Cookie Policy for further details.
Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes. We will only send you marketing communications via email where you have consented to receive such marketing communications, or where we have a lawful right to do so.
➢ Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes will be notified to you using your contact details.
5 HOW DO WE OBTAIN YOUR CONSENT?
Where our use of your personal information requires your consent, you can provide such consent:
• at the time we collect your personal information following the instructions provided; or
• by informing us by e-mail, post or phone using the contact details set out in this Privacy Notice.
6 OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES
Our Site uses certain cookies, pixels, beacons, log files and other technologies of which you should be aware. Please see our Cookie Policy to find out more about the cookies we use and how to manage and delete cookies.
7 THIRD PARTY CONTRACTORS AND OTHER CONTROLLERS
As mentioned above, we may appoint sub-contractor data processors as required to deliver the Services, such as, without limitation, Adobe Analytics and Google Analytics, who will process personal information on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place necessary contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.
Further, we may appoint external data controllers in common where necessary to deliver the Services (for example, but without limitation other Cheil entities). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation where necessary putting appropriate safeguards in place to ensure any personal information is processed according to our legal and regulatory obligations.
8 EXTRA-EEA TRANSFERS
If you are based within the EEA, please note that where necessary to deliver the Services we will transfer personal information to countries outside the EEA (including to Cheil HQ in South Korea) and other Cheil entities via the Cheil Data Sharing Agreement which utilises model contracts as the extra-EEA transfer mechanism). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information.
9 HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?
Regarding visitors to the Site, Cheil will retain relevant personal information for at least three years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world) (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations).
Regarding personal information we have processed as part of providing the Services to any client, we will retain relevant personal information for at least six years from the date of our last interaction with that client and in compliance with our obligations under the EU General Data Protection Regulation (or similar legislation around the world) (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations). We may then destroy such files without further notice or liability. If you request your files and documents we may charge you for the costs of copying a duplicate.
If personal information is only useful for a short period e.g. for specific marketing campaigns we may delete it.
10 CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION
We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration.
We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:
• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.
All of our members, employees, workers and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors to the Site and all users of our Services.
11 HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS?
You have the following rights in relation to the personal information we hold about you:
➢ Your right of access
If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
➢ Your right to rectification
If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
➢ Your right to erasure
You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
➢ Your right to restrict processing
You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
➢ Your right to data portability
With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
➢ Your right to object.
You can ask us to stop processing your personal information, and we will do so, if we are:
• relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
• processing your personal information for direct marketing.
➢ Your rights in relation to automated decision-making and profiling
You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
➢ Your right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
➢ Your right to lodge a complaint with the supervisory authority
If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the UK Information Commissioner’s Office (ICO). You can find details about how to do this on the ICO website at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113.
12 COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS
The Site contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as Cheil has no control over information that is submitted to, or collected by, these third parties
13 CHANGES TO THIS PRIVACY NOTICE
We may make changes to this Privacy Notice from time to time.
To ensure that you are always aware of how we use your personal information we will update this Privacy Notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We will notify you by e-mail of any significant changes. However, we encourage you to review this Privacy Notice periodically to be informed of how we use your personal information.
SCOPE OF PRIVACY NOTICE
1. Like most businesses, we hold and process a wide range of information, some of which relates to individuals who are applying to work for us. This notice explains the type of information we process, why we are processing it and how that processing may affect you.
The notice focuses on individuals who are applying to work for us and the data we process as part of that process. We have a separate Workplace Privacy Notice that applies to our current and former employees.
This notice is set out in this document (the Core Notice) and the Supplementary Information in the Annex 1 to this document.
In the Supplementary Information, we explain what we mean by “personal data”, “processing”, “sensitive personal data” and other terms used in the notice.
2. In brief, this notice explains:
• what personal data we hold and why we process it;
• the legal grounds which allow us to process your personal data;
• where the data comes from, who gets to see it and how long we keep it;
• how to access your personal data and other rights;
• how to contact us.
PERSONAL DATA - WHAT WE HOLD AND WHY WE PROCESS IT
3. We process data for the purposes of our business including recruitment, management, administrative, employment and legal purposes. The Supplementary Information provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data. See Legal grounds for processing personal data and Further information on the data we process and our purposes.
WHERE THE DATA COMES FROM AND WHO GETS TO SEE IT
4. Some of the personal data that we process about you comes from you. For example, you tell us your contact details and work history. If you are joining us, you may provide your banking details.
Other personal data may come from third parties such as recruiters acting on your behalf or from your references.
Your personal data will be seen internally by managers, HR and, in some circumstances (if you join us) colleagues. We will where necessary and as set out in this privacy notice also pass your data outside the organisation, for example to people you are dealing with and background checking agencies.
Further information on this is provided in the Supplementary Information. See Where the data comes from and Who gets to see your data?
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
5. We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes. In general, if you become employed by us we will keep your personal data for the duration of your employment and for a period afterwards. If you are unsuccessful in gaining employment with us, we will likely keep your personal data for a short period after informing you that you were unsuccessful.
See Retaining your personal data – more information in the Supplementary Information.
TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
6. We will where necessary and as set out in this privacy notice transfer your personal data outside the EEA to members of our group and processors in other jurisdictions in which we are established.
Further information on these transfers and the measures taken to safeguard your data are set out in the Supplementary Information under Transfers of personal data outside the EEA – more information.
A list of data recipients who receive material amounts of personal data and are located outside of the EEA is set out in Annex 3- Extra-EEA Third Party Processors.
YOUR DATA RIGHTS
7. You have a right to make a subject access request to receive information about the data that we process about you. Further information on this and on other rights is in the Supplementary Information under Access to your personal data and other rights. We also explain how to make a complaint about our processing of your data.
CONTACT DETAILS
8. In processing your personal data, we act as a data controller. Our contact details are set out in Annex 2.
Please note that generally the data controller of your personal data will be your employing/engaging entity (or the employing/engaging entity that you apply to work for) but also entities within our Head Office and its group companies with which we share data for business administration purposes.
STATUS OF THIS NOTICE
9. This notice does not form part of any contract of employment you might enter into and does not create contractual rights or obligations. It may be amended by us at any time. Nothing in this notice is intended to create an employment relationship between Cheil and any non- employee.
ANNEX 1: SUPPLEMENTARY INFORMATION
WHAT DO WE MEAN BY “PERSONAL DATA” AND “PROCESSING”?
1. “Personal data” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured manual filing system. It includes not only facts about you, but also intentions and opinions about you.
Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV or photographs.
"Processing" means doing anything with the data. For example, it includes collecting it, holding it, disclosing it and deleting it.
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “sensitive personal data”.
References in this notice to employment, work (and similar expressions) include any arrangement we may have under which an individual provides us with work or services, or applies for such work or services. By way of example, when we mention an “employment contract” that includes a contract under which you provide us with services; when we refer to ending your potential employment, that includes terminating a contract for services. We use the word “you” to refer to anyone within the scope of the notice.
LEGAL GROUNDS FOR PROCESSING PERSONAL DATA
WHAT ARE THE GROUNDS FOR PROCESSING?
2. Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
Term | Ground for processing | Explanation |
---|---|---|
Contract | Processing necessary for performance of a contract with you or to take steps at your request to enter a contract | This covers carrying out our contractual duties and exercising our contractual rights. |
Legal obligation | Processing necessary to comply with our legal obligations | Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination. |
Legitimate Interests | Processing necessary for our or a third party’s legitimate interests | We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data. Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms. |
Consent | You have given specific consent to processing your data | In general processing of your data in connection with employment is not conditional on your consent. But there may be occasions where we do specific things such as provide a reference and rely on your consent to our doing so. |
PROCESSING SENSITIVE PERSONAL DATA
3. If we process sensitive personal data about you (for example (but without limitation), storing your health records to assist us in ensuring that we provide you with reasonable adjustments), as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal data applies. In outline, these include:
• Processing being necessary for the purposes of your or our obligations and rights in relation to employment in so far as it is authorised by law or collective agreement;
• Processing relating to data about you that you have made public (e.g. if you have told us you are ill);
• Processing being necessary for the purpose of establishing, making or defending legal claims;
• Processing being necessary to provide any necessary reasonably adjustments during the recruitment process;
FURTHER INFORMATION ON THE DATA WE PROCESS AND OUR PURPOSES
4. The Core Notice outlines the purposes for which we process your personal data. More specific information on these, examples of the data and the grounds on which we process data are in the table below.
The examples in the table cannot, of course, be exhaustive. For example, although the table does not mention data relating to criminal offences, if we were to find out that someone applying to work for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes. If necessary we will also require criminal background checks for certain roles – for example those working in financial roles or with minors.
Purpose | Examples of personal data that may be processed | Grounds for processing |
Recruitment |
Standard data related to your identity (e.g. your name, address, email address, ID information and documents, telephone numbers, place of birth, nationality, contact details, professional experience and education (including university degrees, academic records, professional licenses, memberships and certifications, awards and achievements, and current and previous employment details), financial information (including current salary information) language skills, and any other personal data that you present us with as part of your application related to the fulfilment of the role. Information concerning your application and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work. If necessary, we will also process information concerning your health, any disability and in connection with any adjustments to working arrangements. |
Contract Legal obligation Legitimate interests |
Administering our recruitment process |
Evaluating your experience and qualifications against the requirements of the position you are applying for. Reviewing candidates on LinkedIn and the Dots. Communicating with you in respect of any offer of employment we choose to make and providing you with information about our onboarding process. |
Contract Legal obligation Legitimate interests |
Entering into a contract with you (if you are made an offer by us) |
with you (if you are made an offer by us) Information on your terms of employment from time to time including your hours and working patterns, your pay and benefits, such as your participation in pension arrangements, life and medical insurance; and any bonus or share schemes. |
Contract Legal obligation Legitamate interests |
Contacting you or others on your behalf |
For the purpose of gathering references. |
Contract Legitamate interests |
Financial planning and budgeting |
Information such as your proposed salary and (if applicable) envisaged bonus levels. |
Legitamate interests |
Physical and system security |
CCTV images upon attendance for interview at our premises. |
Legal obligation Legitamate interests |
Providing information to third parties in connection with transactions that we contemplate or carry out |
Information on any offer made to you and your proposed contract and other employment data that may be required by a party to a transaction such as a prospective purchaser, seller or outsourcer. |
Legitimate interests |
Monitoring of diversity and equal opportunities |
Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will aggregated and used for equality of opportunity monitoring purposes. Please note we may share aggregated and anonymized diversity statistics with regulators if formally required / requested. |
Legitimate interests |
Disputes and legal proceedings |
Any information relevant or potentially relevant to a dispute or legal proceeding affecting us. |
Legitimate interests Legal obligation |
Please note that if you accept an offer from us the business will process further information as part of the employment relationship. We will provide you with our full Workplace Privacy Notice as part of the on-boarding process.
WHERE THE DATA COMES FROM
5. When you apply to work for us the initial data about you that we process is likely to come from you: for example, contact details, bank details and information on your immigration status and whether you can lawfully work. Where necessary and in accordance with this privacy notice, we will require references and information to carry out background checks. If you have concerns about this in a particular context, you should speak to your recruiter or our HR department.
Please note we may also receive data from third party recruiters, agents and similar organisations as a part of the recruitment process.
WHO GETS TO SEE YOUR DATA? INTERNAL USE
INTERNAL USE
6. Where necessary and as set out this privacy notice, your personal data will be disclosed to relevant managers, HR and administrators for the purposes of your application as mentioned in this document. We will also disclose this to other members of our group where necessary for decision making regarding your application – this will depend on the type of role you are applying for.
EXTERNAL USE
7. We will only disclose your personal data outside the group if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you.
We will disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy). Where necessary, we will also disclose your personal data if you consent, where we are required to do so by law and in connection with criminal or regulatory investigations.
8. Specific circumstances in which your personal data may be disclosed include:
• Disclosure to organisations that process data on our behalf such as our payroll service, insurers and other benefit providers, our bank and organisations that host our IT systems and data. This would normally occur if you accept an offer from us and would be carried out as part of the on-boarding process;
• To third party recruitment consultants and similar businesses (including online recruitment portals) as a part of the recruitment process;
• Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request (see above).
RETAINING YOUR PERSONAL DATA – MORE INFORMATION
9. Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general if you are successful in becoming employed by us, we will keep your personal data for the duration of your employment and for a period afterwards. If you are unsuccessful in gaining employment with us, we will likely keep your personal data for a short period after informing you that you were unsuccessful. In considering how long to keep your data, we will take into account its relevance to our business and your potential employment either as a record or in the event of a legal claim.
If your data is only useful for a short period (for example, CCTV footage data) we will delete it.
Personal data relating to job applicants (other than the person who is successful) will normally be deleted after 12 months.
TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA – MORE INFORMATION
10. In connection with our business and for employment, administrative, management and legal purposes, we will where necessary and as set out in this privacy notice transfer your personal data outside the EEA to members of our group and data controllers/processors. We will ensure that any transfer is lawful and that there are appropriate security arrangements.
In relation to extra-EEA transfers, we have entered into agreements ensuring appropriate and suitable safeguards with controllers/processors outside the EEA. These are in standard terms approved by the European Commission. If you wish to see details of these safeguards, please ask our Chief Information Officer, Peter Zillig CEO.
A list of data recipients who receive material amounts of personal data and are located outside of the EEA is set out in Annex 3- Extra-EEA Third Party Processors.
ACCESS TO YOUR PERSONAL DATA AND OTHER RIGHTS
11. Wetrytobeasopenaswereasonablycanaboutpersonaldatathatweprocess. Ifyou would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:
• Giving you a description and copy of the personal data
• Telling you why we are processing it
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself (for example your address or bank details), you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent or Contract.
If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent.
COMPLAINTS
12. If you have complaints relating to our processing of your personal data, you should raise these with HR in the first instance or with our Chief Information Officer. You may also raise complaints with your statutory regulator. For contact and other details please contact our Human Resources department.
STATUS OF THIS NOTICE
13. This notice does not form part of any contract of employment that you may enter into with us and does not create contractual rights or obligations. It may be amended by us at any time. Nothing in this notice is intended to create an employment relationship between Cheil Europe Ltd. and any non-employee.
ANNEX 2 – INFORMATION SPECIFIC TO JURISDICTIONS
United Kingdom
If you are employed, engaged or otherwise in United Kingdom the following additional information applies.
The statutory regulator is the ICO.
Data controller | Address |
Cheil Europe Ltd |
The Crane Building 22 Lavington Street London SE1 0NZ |
Chief Information Officer | Company | E-mail address |
Peter Zillig, CEO | Cheil Europe Ltd | cio.uk@cheil.com |
Please note that this Recruitment Privacy Notice, along with other related data protection policies and/or protocols, shall form Cheil Europe Ltd’s policy for procuring special data as required by the UK Data Protection Bill 2018 (Schedule 1 Part IV).
ANNEX 3 – EXTRA-EEA THIRD PARTY CONTROLLERS
As indicated above, we may transfer your personal data outside the EEA in countries which do not have data protection laws equivalent to those applicable in the EEA. This transfer is covered by model clauses approved by the European Commission.
The transfer of personal data to recipients based outside the EEA is carried out for the purposes that are set out in paragraph 4 of the supplementary information.
List of data recipients located outside the EEA:
Recipients | Country |
Cheil Worldwide HQ | South Korea |
Recruitment agencies | United States |
COOKIE POLICY
Last Updated 25th May 2018
This cookie policy (“Cookie Policy”) is intended to inform you how we use “cookies” and similar technologies on our website at http://cheil.london (“Website”) and to assist you in making informed decisions when using our Website. Please take a moment to read and understand this Cookie Policy.
WHAT ARE COOKIES?
Cookies and similar technologies are very small text documents or pieces of code, which often include an anonymous unique identifier. When you visit a website or use a mobile application, a computer asks your computer or mobile device for permission to store this file on your computer or mobile device and access information from it. Information gathered through cookies and similar technologies may include the date and time of visits and how you are using the particular website or mobile application. Cookies are used by us as part of our Website and they are also used by some of our third party partners.
For more details on cookies and similar technologies please visit All About Cookies. For the purposes of the remaining sections of this Cookie Policy we will refer to all technologies using the above features as “cookies”.
CONSENT TO OUR USE OF COOKIES
By using the Website you acknowledge that we may store and access essential cookies on your computer or other device. Essential cookies are cookies which are essential for the operation of our Website.
Further, where you give permission, we may also store and access certain non-essential cookies on your computer or other device. These cookies are not essential to the operation of our Website but allow us to provide additional functionality or to gather additional information about your use of our Website. You are not obliged to give consent to our use of non-essential cookies and we will not place such cookies until you have given your consent.
If you wish to block or delete cookies, or you would like to withdraw consent to our use of non- essential cookies, you can find out how to do so below.
WHAT DO WE DO WITH COOKIES?
Essential Cookies
We use cookies where they are essential for the operation of the Website, for example to remember that you are signed in to the Website.
Session Cookies
We use cookies to allow the Website to uniquely identify your browsing session on our Website, which allows us to coordinate this information with data from our Website server.
Analytics Cookies
We use “analytics” cookies. These, along with other information, allow us to calculate the aggregate number of people using the Website and which features of our Website are most popular.
We use this information to improve the Website. We do not generally store any information that you provide to us in a cookie.
WHAT COOKIES DO WE USE ON OUR WEBSITE?
The table below sets out more information about the individual cookies used on our Website and the purposes for which they are used:
Cookie Type | Essential? | Purpose | Duration |
Google Analytics _utma _utmb _utmc _utmz |
No | These cookies enable us to store information such as the time you visit our Website, whether you have visited before and the website that you visited prior to visiting our Website. For more information about Google Analytics please see: http://www.google.com/intl/en/analytics/privacyoverview.html |
How long a Google Analytics cookie remains on your computer or device depends on what it is and what it is used for. Some Google Analytics cookies expire at the end of your browser session, whilst others can remain for up to two years. You can delete Google Analytics cookies and other cookies at any time by clearing your cache. |
_ga | No | Registers a unique ID that is used to generate statistical data on how the visitor uses the website. | 2 years |
_gat | No | Used by Google Analytics to throttle the request rate. | Session |
_gid | No | Registers a unique ID that is used to generate statistical data on how the visitor uses the website. | Session |
collect | No | Used to send data to Google Analytics about the visitor’s device and behaviour. Tracks the visitor across devices and marketing channels. | Session |
WHAT HAPPENS WHEN YOU REFUSE, BLOCK OR DELETE COOKIES?
In order to use some parts of our Website you will need to accept cookies. If you choose to withhold consent to our use of cookies, or you subsequently block or delete cookies, some aspects of our Website may not work properly and you may not be able to access all or part of our Website.
CAN YOU BLOCK COOKIES?
You can block the use of cookies altogether by activating the relevant settings in your browser or by following the link below. For more information on cookie management and blocking or deleting cookies for a wide variety of browsers, visit All About Cookies.
Cheil Europe Limited
Modern Slavery Act Statement
Cheil Europe Limited (“Cheil UK”) is committed to ensuring good corporate governance and ethical business practices. This statement sets out Cheil UK’s approach to protecting against slavery and human trafficking in its supply chain and is made in accordance with Section 54 of the Modern Slavery Act 2015 (the “Act”).
Our business
Cheil UK is a full-service data driven marketing agency that works with clients and suppliers worldwide.
We are part of the Cheil group of companies and our ultimate parent company is Cheil Worldwide Inc, headquartered in South Korea.
Our supply chain
The types of suppliers that we work with include those which directly support the services we provide to clients, such as production and design agencies, technology providers, communications providers, and product designers, manufacturers and installation providers.
It also includes those suppliers which support our business operations, such as property service providers, office facilities and equipment providers, travel and transportation providers, and professional services (including recruitment, legal, tax, banking and insurance).
Our compliance steps
Since the introduction of the Act, Cheil has put in place additional structures to ensure both its and its suppliers’ compliance with the Act, including:
• Assessing our supply chain for risk of slavery or human trafficking.
• Introducing a Supplier Code of Conduct which requires all suppliers to undertake to comply with high ethical standards of conduct across areas including: labour practices and working conditions (which expressly prohibits slavery and trafficking); anti-corruption and bribery; and environmental.
• Incorporating contractual terms into our contracts with suppliers that requires that they, and their supply chain, comply at all times with the Act.
We comply with all of our employment law and regulatory obligations in the UK. We have a process by which whistleblowers can raise concerns in a confidential and protected environment and we will investigate allegations of wrongdoing.
Risk assessment
Taking into account the type of business that we conduct and the type of suppliers that we work with, Cheil UK has assessed that its exposure to slavery and human trafficking is low risk, both within its own business and within its supply chain.
Where we identify potential risk within our supply chain, we will carry out a due diligence exercise of our suppliers as part of our procurement process, to mitigate the risks.
Review
We will continue to regularly review our approach to supply chain due diligence to ensure we have adequate structures, policies and training in place to monitor and mitigate the risk of slavery and human trafficking in connection with our business. Any updates will be reflected in future statements.
Tax Strategy
Tax Strategy for financial year ending 31st December 2018
Cheil Europe Limited, a limited company registered in England and Wales, is wholly owned by Cheil Worldwide Inc.
This strategy applies to Cheil Europe Limited and its subsidiaries.
This strategy was last reviewed on 8th October 2018.
Cheil Europe Ltd is committed to full compliance with all statutory obligations and full disclosure to tax authorities.
• Ultimate responsibility for Cheil Europe Ltd.’s tax strategy and compliance rest with the board of Cheil Europe Ltd
• Day to day management of tax affairs is delegated to the CFO
Cheil seeks to reduce the level of tax risk arising from its operations as far as reasonably practical
Appropriate training is provide for staff responsible for tax compliance
We engage advisors and legal counsel to obtain opinions on tax legislation and principles.
We recognise our obligation to pay the amount of tax legally due in the territory in which the liability arises and comply with all legal requirements. At the same time, we have an obligation to maximise share owner value, which includes controlling our overall liability to taxation. However, we do not condone either personal or corporate tax evasion under any circumstances.
Cheil manages risks to ensure full compliance with the legal requirements in a manner which ensures payment of the right amount of tax.
Cheil seeks to take advantage of available tax incentives and exemptions and reliefs in line with tax legislation.
The board is ultimately responsible for identifying the risks, including tax risks, which need to be addressed and for determining what actions should be taken to manage those risks.
We maintain a transparent and constructive engagement with the tax authorities and relevant government representatives, as well as active engagement with a wide range of international companies and business organisations with similar issues.
We engage advisors and legal counsel to obtain opinions on tax legislation and principles. Where disputes arise with tax authorities, in areas of doubt or where legal interpretations differ, we aim to tackle the matter promptly and resolve it in a responsible manner.
Any inadvertent errors in submissions made to HMRC are fully disclosed as soon as reasonably practicable after they are identified.
Cheil Europe Limited regards the publication of the information set out above as complying with the duty under paragraph 16 of Schedule 19 of the Finance Act 2016 (duty to publish a tax strategy).