Privacy Policy – 2022
1. Introduction
1.1 We are committed to ensuring the privacy of our service users; in this policy we explain how we will handle your personal data.
1.2 By using our app/website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
2. How we use your personal data
2.1 How we process your registration data (“ALMA account“). The account data may include your name and email address as supplied by you. The account data may be processed for the purposes of operating our app in communication with you, providing our services, ensuring the security of our app and services, maintaining back-ups of our data and/ or any other communications with you such as payment requests for our services before services are supplied. The legal basis for this processing is the consent provided by you at the time of providing this data to us.
2.2 We may process your information included in your ALMA profile on our database (“profile data“). The profile data may include your name, address, telephone number, email address, gender, date of birth, details relating to your use of our service.) The profile data may be processed for the purposes of enabling and monitoring your use of our services. The legal basis for this processing is the consent provided by you at the time of providing this data to us.
2.3 We may process information contained in any ‘enquiry’ you submit to us regarding ALMA services. The enquiry data may be processed for the purposes of offering, explaining relevant products and/or services to you. The legal basis for this processing is the consent provided by you at the time of providing this data to us.
2.4 We may process information relating to transactions, including purchases of goods and services, through our app. The data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. Most transaction however will come via Google Play or App Store and will therefore be subject to their terms and conditions.
2.5 We may process information that you provide to us for the purpose of subscribing to our notifications (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications regarding your subscription to ALMA. The legal basis for this processing is the consent provided by you at the time of providing this data to us given at the time of sign up to this service.
2.6 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.] The correspondence data may be processed [for the purposes of communicating with you and record-keeping]. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.7 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose data to our insurers and/or professional advisers] insofar as reasonably necessary for the purposes of [obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
4. International transfers of your personal data
4.1 We (Happy Minds AT Work) will not transfer personal data to countries outside the European Economic Area (EEA).
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain and delete your personal data as follows:
(a) profile data and service data will be retained for 3 years following commencement of service use, at the end of which period it will be deleted from our systems.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6. Amendments
6.1 We may update this policy from time to time by publishing a new version on our app.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
7.4 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data [by written notice to us using the contact details provided in section 12.4.
8. Our details
8.1 This website is owned and operated by Happy Minds At Work.
8.2 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form; www.happymindsatwork.com
(c) by telephone, on 07934 802874
(d) by email, using info@happymindsatwork.com
9. Contact details are: Happy Minds At Work Offices – 07934 802874.
Privacy policy: drafting notes
This policy has been updated to take full account of the GDPR.
You should consider whether you need to take specialist legal advice on data protection. If you collect sensitive personal information (such as information about a person’s health, sexuality or political affiliations), or if you collect personal information from children or about children, you should always take advice before using this – or indeed any other – privacy policy template. In any case, use of a privacy policy is only one aspect of data protection compliance.
This document also includes optional provisions dealing with cookie-related disclosures.
Section 1: Introduction
Section 1.1
“Personal data” is defined in Article 4(1) of the GDPR:
“(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
Section 1.2
Optional element.
The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).
• How will you gain users’ consent to the use of cookies?
Section 1.3
Optional element.
Section 2: How we use your personal data
Article 13(1) of the GDPR provides that:
“(1) Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.
Article 6(1)(f) of the GDPR provides that:
“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”
Section 2.1
Article 14 of the GDPR, which applies where personal information is not obtained from the data subject, provides that information about “the categories of personal data concerned” must be supplied to data subjects.
Article 13 of the GDPR, which applies where personal information is obtained from the data subject, does not include an equivalent provision.
Nonetheless, we have included references to general categories of data in this document, because this facilitates the identification of particular purposes of processing and the legal bases of processing – information which does need to be provided under Article 13.
Section 2.2
Optional element.
Section 2.3
Optional element.
Section 2.4
Optional element.
Section 2.5
Optional element.
Section 2.6
Optional element.
Section 2.7
Optional element.
Section 2.8
Optional element.
Section 2.9
Optional element.
Section 2.10
Optional element.
Section 2.11
Optional element.
Section 2.12
Optional element. Use this form of provision to identify and provide relevant information about other categories of personal data that you may process.
Section 2.14
Optional element.
Section 3: Providing your personal data to others
Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.
Section 3.1
Optional element.
Section 3.2
Optional element.
Section 3.3
Optional element.
Section 3.4
Optional element.
Section 3.5
Optional element.
Section 4: International transfers of your personal data
Optional element.
Article 13(1)(f) of the GDPR requires that data controllers disclose to data subjects “where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 [transfers subject to appropriate safeguards] or 47 [binding corporate rules], or the second subparagraph of Article 49(1) [limited transfers for compelling legitimate interests], reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available”.
Section 4.2
Optional element.
Section 4.3
Optional element.
Section 4.4
Optional element.
Section 4.5
Optional element. Will users have the opportunity to publish personal information on the website?
Section 6: Amendments
Optional element.
Section 6.2
Optional element.
Section 6.3
Optional element. Will you ever contact users to notify them of changes to the document?
• How will users be notified of changes to the document?
Section 7: Your rights
Section 7.1
• What evidence of identity will you require before fulfilling a data protection subject access request?
Section 7.4
Optional element.
Section 7: Your rights
Section 7.3
The right to access is set out in Article 15 of the GDPR.
Section 7.4
The right to rectification is set out in Article 16 of the GDPR.
Section 7.5
The right to erasure (or right to be forgotten) is set out in Article 17 of the GDPR, and must be notified to data subjects under Articles 13(2)(b), 14(2)(c) and 15(1)(e) of the GDPR.
Consider modifying the highlighted circumstances and exclusions, depending upon what will be most relevant to your processing.
Section 7.7
The right to object to processing is detailed in Article 21 of the GDPR, and must be notified to data subjects under Articles 21(4), 13(2)(b) and 14(2)(c).
Section 7.8
Optional element.
Section 7.9
Optional element.
This right is set out in Article 21(6) of the GDPR.
Section 7.10
The right to data portability is set out in full in Article 20 of the GDPR, and must be notified to data subjects under Articles 13(2)(b) and 14(2)(c).
Section 7.11
The right to lodge a complaint with a supervisory authority is set out in Article 77 of the GDPR, and must be notified to data subjects under Articles 13(2)(d), 14(2)(e) and 15(1)(f).
Section 7.12
Article 7(3) of the GDPR sets out the right of withdrawal. The right must be notified to data subjects under Articles 13(2)(c) and 14(2)(d). See also Article 17(1)(b).
Section 8 Auto Renewing Subscription (if applicable)
Payment for ALMA will be made by a valid credit card accepted by us or through the App Store. You hereby authorize us to charge your credit card for such amounts associated with the purchase you agreed to. Amounts paid for ALMA, including prepayments, are not refundable.
Apple will have no warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
We are fully GDPR compliant.
Your data is securely stored on Microsoft with the proper encryption in place.
Data collected by the app will not be shared or processed for any other reason than outlined in the policy.
You can choose to not share your personal data and reject location permissions if you wish.
