We have created this guide to explain specific features on Culture Segments TagTool to help you use it in a way that complies with the General Data Protection Regulation (“GDPR”), to increase protections for personal data.
In the context of Culture Segments TagTool, you as our client are the data controller and we are your data processor, only processing your Culture Segments TagTool data in accordance with instructions from you.
Culture Segments TagTool is flexible and can be used in many different ways. You are in control of the information you provide to people (“data subjects”) who complete the Golden Questions, any custom questions you ask, what the data collected is used for, who it is shared with and how long it is retained.
As a result, the compliance of any Culture Segments TagTool with GDPR will largely depend on the steps and decisions taken by you when using Culture Segments TagTool.
Culture Segments TagTool data collection methods
This is a summary of the different ways Culture Segments TagTool can be used. We will use this terminology to refer to each of the data collection methods in the rest of this guide.
Checkout – Ask people to answer the Golden Questions during their booking process or immediately after via the booking confirmation email. The unique link will write the data tags back into your CRM system.
Enrich – Email existing CRM contacts with a link to the Golden Questions. The unique link will write the data tags back into your CRM system.
Capture – Post the link anywhere you like, on Facebook, in your newsletter, asking people to complete the Golden Questions. Download tagged data.
Append – Add the Golden Questions to any questionnaire anywhere you like. Upload the responses and download tagged data.
Retention functionality
The ability to remove personal data from Culture Segments TagTool will help you comply with data subject’s rights to access, rectification, erasure, restriction of processing, data portability and to object. Removing personal data from Culture Segments TagTool will mean you can manage any subject requests from your CRM system without the data being duplicated in Culture Segments TagTool.
The functionality will allow you to irreversibly anonymise any personal data stored in Culture Segments TagTool. Anonymising the data rather than deleting it means your aggregated results will remain unaffected.
For Checkout and Enrich, the data is anonymised by deleting the customer ID. You will be able to turn on automatic anonymising and specify a number of days to keep data before anonymising it. The default will be 90 days with a minimum of 30 days. This is to allow for data to be recovered should there be an issue with the connection between Culture Segments TagTool and your CRM. You will also be able to manually anonymise any data before a specified date.
For Capture, the data is anonymised by deleting the name and email address and the answers to any custom questions. You will be able to turn on automatic anonymising and specify a number of days to keep data before anonymising it. The default will be 90 days with a minimum of 30 days. You will also be able to manually anonymise any data before a specified date. You will not be able to anonymise any data you have not already downloaded from Culture Segments TagTool.
For Append no data is stored on Culture Segments TagTool.
Consent functionality
Culture Segments TagTool contains a feature that lets you add consent questions before the Golden Questions are asked. This applies to Checkout, Enrich and Capture.
This will help you collect and record consent when using consent as the lawful basis for processing data with Culture Segments TagTool.
For Checkout and Enrich, the consent text of each consent question will be stored and can be passed to your CRM along with tagged data. If you prefer to capture consent outside of Culture Segments TagTool you can; adding consent questions is not going to be mandatory.
For Capture, the consent text will be available for download from the Culture Segments TagTool portal with the rest of your tagged data.
There is also an option to skip the Golden Questions based on answers to the consent questions. This is primarily for Capture where someone may wish to sign up for a mailing list without answering the Golden Questions.
Profiling
Culture Segments TagTool is being used for profiling when an individual’s data tags are used to customise the marketing material they receive (or anything else). Under GDPR data subjects have additional rights in relation to profiling.
See link below for guidance from ICO. https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/rights-related-to-automated-decision-making-including-profiling/
If using consent for the legal basis of processing best practise is to obtain explicit consent from the data subject for profiling. Consent for profiling can be collected using the consent functionality described above or by you elsewhere in the booking path.
Example consent questions
Here are a few example consent questions you may want to ask when using Culture Segments TagTool.
I give my consent for the answers I provide in this survey to be used for… (Select one) Customising the marketing material we send to you and for audience research Audience research only None of these, I would not like to answer any survey questions (Capture)
I would like to receive marketing emails from (venue) about what’s on and other information which we feel might be of interest to you (Select one) Yes please No thanks
Privacy notices and the right to be informed
We have produced example privacy notices for Checkout/Enrich and Capture which include examples of the information you should provide in order to inform the data subject about the collection and use of their personal data. These can be downloaded at the bottom of this page. The exact content of your privacy notice will depend on how you use and process the data collected with Culture Segments TagTool.
Privacy notices can be hosted on your own website for Checkout/Enrich and can also be hosted on Culture Segments TagTool for Capture.
The ability to host the privacy notice on Culture Segments TagTool will be extended to Checkout/Enrich along with the ability to include a link to the privacy notice at the bottom of the page.
The consent functionality will include the option to include a link to the privacy notice in the question text or answer text of a consent question.
Disclaimer
This guide is intended to give you an overview of how certain existing and planned Culture Segments TagTool functionality helps you to use it in a way that complies with GDPR. It is not intended as legal advice and you should not rely on it as legal advice. The circumstances of each client and the way you use Culture Segments TagTool and the data it provides will vary, and you may wish to obtain your own legal advice for your own specific circumstances.
MHM Privacy Notice – Culture Segments TagTool – Capture example
MHM Privacy Notice – Culture Segments TagTool – Checkout Enrich example
