Direct Marketing Commission - Enforcing Higher Industry Standards

Data & Marketing Commission

Privacy and Cookie Policy

Privacy and Cookie Policy

Privacy and Cookie Policy

Introduction

This Data Protection Notice sets out how we, the Data & Marketing Commission (DMC) process personal data. We take the protection of personal data very seriously and all data captured will be used and held in accordance with the requirements of the Data Protection Act 2018 (the Act), the UK GDPR (the GDPR) and the Privacy and Electronic Communications Regulations (PECR).

The DMC is the body which oversees and enforces the DMA’s Code. We act independently from the DMA.

We do this by supporting best practice, scrutinising data and marketing issues and practices and investigating complaints.

The DMC is the Data Controller for the purposes of the Act and the GDPR. If you have any queries about how we handle data or want more information about how to exercise your rights under the Act, please contact us by phone on 020 7291 3350, email dm@dmcommission.com or write to us at 1st Floor, Rapier House, 40-46 Lamb’s Conduit Street, London WC1N 3LJ.

Personal data we collect

We currently collect and process the following personal data:

  • General enquiry or feedback via the website – name, contact information and all associated communications.
  • Completing a complaint form on the website – name, contact information, details relating to the complaint and all associated communications.
  • Sending out updates on DMC activities to those who have requested it – name, contact information.

The sources from which we collect personal data:

  • Direct from individuals (or their representative)
  • Data & Marketing Association (DMA) and its members

The purpose and lawful basis for the processing of personal data:

  • General enquiries/feedback – Legitimate Interests
  • Complaints handling – Legitimate Interests
  • DMC updates – Consent

The recipients/categories of recipients of personal data:

  • Individuals making a general enquiry
  • Individuals making a complaint
  • Individuals relevant to the complaint investigation
  • Individuals who have signed up to receive DMC updates
  • Statutory bodies e.g. Information Commissioner’s Office or Trading Standards following some formal adjudications
  • Where required by law or as part of legal proceedings

How the DMC store personal data

The DMC and website host Arch are based in the UK and all data is stored within the UK.

Cookies we use

1. Cookie: _ga, _utm

What it does: Google Analytics – Tracks web traffic to the site.  Page views & clicks

How to disable and consequences: Disable in browser settings.  No user impact.

2. Cookie: OptanonConsent

What it does: Cookie used to display the cookie acceptance banner

How to disable and consequences: Disable in browser settings. Site will continue to ask user to accept cookie policy.

3. Cookie: PHPSESSID

What it does: These are used to keep track of information needed by a user as they travel from page to page within a website. These cookies have a short lifetime and expire within a few minutes of the user leaving the site.

How to disable and consequences: Disable in browser settings. Parts of site may not function.

4. Third party websites

Our website may contain links to other websites that are outside our control and are not covered by this Notice. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their notice, which may differ from ours.

Data retention

Summaries of adjudications: In accordance with our Public Statement Policy, summaries will be publicly available on this website for 10 years.  After this time, the relevant information will be removed from the publications area and retained in the DMC secure archive in accordance with our policy.

Complaints, investigations and enquiries:  these will be retained in the live CRM for 20 years, at which point they will be subject of review in accordance with our Retention Policy.

DMC updates:  where consent has been provided, contact information will be held for these purposes for as long as consent is provided. Where consent is withdrawn, a record will be retained for 10 years to ensure that we do not contact you again for this purpose.

Data protection rights for individuals (data subjects)

Under the Act and the GDPR, data subjects have the following rights with regards to their personal information:

  • The right to be informed about the collection and the use of their personal data
  • The right to access personal data and supplementary information
  • The right to have inaccurate personal data rectified, or completed if it is incomplete
  • The right to erasure (to be forgotten) in certain circumstances
  • The right to restrict processing in certain circumstances
  • The right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
  • The right to object to processing in certain circumstances
  • Rights in relation to automated decision making and profiling*
  • The right to withdraw consent at any time (where relevant)
  • The right to complain to the Information Commissioner

*The DMC does not make use of automated decision making for the processing of any personal data.

The right to be informed

The Act and the GDPR require the DMC to provide certain information regarding the processing of personal data to individuals. Where such information is required to be provided, it will (in addition to details contained in this notice) be included in specific communications with individuals at the point of data collection.

Changing Communication Preferences

If at any point you would like to opt out of receiving communications from us or would like to change the channels (such as email or post) that we use to contact you, please contact us at dm@dmcommission.com or write to us at Data & Marketing Commission (DMC), 1st Floor, Rapier House, 40-46 Lamb’s Conduit Street, London WC1N 3LJ.

What to do if you have a query or complaint

If you have a question about data protection or if you are unhappy about the way your personal data has been handled by the DMC, please get in touch with us by phone on 020 7291 3350, email dm@dmcommission.com or write to us at 1st Floor, Rapier House, 40-46 Lamb’s Conduit Street, London WC1N 3LJ.

We will acknowledge your complaint within 5 working days and send you a full response within 20 working days. If we can’t respond fully in this time, we will write and let you know why and tell you when you should get a full response.

Complaints to the Information Commissioner

If you are dissatisfied with the way we have handled your complaint or request you may write to the Information Commissioner, who is the independent data protection regulator. Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

The Information Commissioner can be contacted at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Tel: 0303 123 1113; Website: www.ico.org.uk.

We are registered with the ICO number ZB535875.

Find out more

If you want further information or have any questions about the way in which the DMC process personal data, please contact us by phone on 020 7291 3350, email dm@dmcommission.com or write to us at 1st Floor, Rapier House, 40-46 Lamb’s Conduit Street, London WC1N 3LJ.

This notice was last reviewed and updated in August 2024.