Privacy Policy

Privacy Policy

Introduction

Welcome to the Privacy Policy of Jayne Godden Ltd (the “Company”). 

The Company respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please also use the Glossary at section 13 to understand the meaning of some of the terms used in this Privacy Policy.

1. Important information and who we are

Purpose of this Privacy Policy

1.1 This Privacy Policy aims to give you information on how the Company collects and processes your personal data through your use of this website, including any data you may provide through this website and / or in connection with any services we provide to you.

1.2 It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

Controller

1.3 The Company is the controller and responsible for your personal data (also referred to as “we”, “us” or “our” in this Privacy Policy).

1.4 If you have any questions about our privacy practices or this Privacy Policy, including any requests to exercise your legal rights, please contact Jayne Godden at jaynegodden@mac.com or 07817 779132. 

Complaints

1.5 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance. 

Changes to this Privacy Policy and your duty to inform us of changes

1.6 We keep our Privacy Policy under regular review. The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and / or use of our services five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.

1.7 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

1.8 This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, and we are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.

Children’s privacy

1.9 Our website services do not address anyone under the age of 16 (“Children”) without parental consent. 

1.10 We do not knowingly collect personally identifiable information from anyone under the age of 16 on our website. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers. 

2. The data we collect about you

2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect:

2.1.1 Technical Data – this includes internet protocol (IP) address, browser type and version, browser plug-in types and versions, operating system and platform, the website you came from, the device from which you connected to our website, the time and date of access, time zone setting, other technology on the devices you use to access this website and other information that does not personally identify you. 

2.1.2 Identity Data – this includes first name, last name, title, date of birth and gender.

2.1.3 Contact Data – this includes billing address, email address and telephone numbers. 

2.1.4 Transaction Data – this includes details of services you have purchased from us.

2.1.5 Usage Data – this includes information about how you use our website and services. 

2.1.6 Health Data – this includes information relating to your past, current or future physical or mental health that reveals information about your health status.  

2.2 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

2.3 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

2.4 If we process Children’s data, we take extra care to make sure we protect their interests. 

If you fail to provide personal data

2.5 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time. 

3. How is your personal data collected?

3.1 We use different methods to collect data from and about you including through:

3.1.1 Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you apply for our services, give us feedback, contact us or through any sessions together.

3.1.2 Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using Cookies and other similar technologies. 

3.1.3 Contact and Transaction Data. From providers of technical services.

3.1.4 Identity and Contact Data. From publicly available sources such as Companies House.

4. How we use your personal data

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

4.1.1 Where we need to perform the contract we are about to enter into or have entered into with you.

4.1.2 Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.

4.1.3 Where we need to comply with a legal obligation.

4.2 Please see the Glossary – Lawful Basisto find out more about the types of lawful basis that we will rely on to process your personal data.

4.3 Generally, we do not rely on consent as a legal basis for processing your personal data, although we will get your consent before sending third party direct communications to you in an email or text message. You have the right to withdraw consent to marketing at any time by contacting us. 

Purposes for which we will use your personal data

4.4 We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

4.5 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose / Activity

Type of data

Lawful basis for   processing including basis of legitimate interest

To register you as a new client

(a) Identity

(b) Contact

Performance of a contract   with you

To administer and protect   our business and this website (including troubleshooting, data analysis,   testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate   interests (for running our business, provision of administration and IT   services, network security, to prevent fraud and in the context of a business   reorganisation)

(b) Necessary to comply   with a legal obligation

To use data analytics to improve   our website, services, client relationships and experiences

(a) Technical

(b) Usage

Necessary for our   legitimate interests (to define types of clients for our services, to keep   our website updated and relevant and to develop our business)

Change of purpose

4.6 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

4.7 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

4.8 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

5.1 The confidentiality of your personal information together with any information about your child or children will be maintained unless we are required by law to divulge such confidential information to a third party. 

5.2 We may share your personal data with the parties set out below in accordance with the purposes in the table at section 4.5:

5.2.1 Our website is hosted by GoDaddy.com (“GoDaddy”). GoDaddy provides us with the online e-commerce platform that allows us to provide our website to you. Your information, including personal information, may be stored through GoDaddy’s servers. 

5.2.2 Vendors and other third-party providers who are performing services for the Company including without limitation domain and email hosting providers such as GoDaddy and Microsoft whose servers are located in the EU, and Apple’s iCloud servers which are located in the United States. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. 

5.2.3 We sometimes pass on your Health Data and / or our session notes to GPs and other professionals when requested to do so, and in some cases of concern we may contact any of the following third parties on your behalf:

(a) a child’s parents;

(b) your or your child’s GP;

(c) a school’s designated safeguarding lead;

(d) MASH (BCP Multi Agency Safeguarding Hub).  

5.3 However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your personal information will be handled by such providers. 

5.4 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

6.1 As a general rule we do not actively transfer your data outside of the UK. However, some of our third party service providers are located outside the UK (see Section 5 above), and in these circumstances we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. 

6.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

7. Data security

We implement reasonable precautions and follow industry best practices in order to protect your personal information and ensure that such personal information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our services, you acknowledge that you understand and agree to assume these risks.

8. Data retention

How long will you use my personal data for?

8.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

8.2 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

8.3 By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

8.4 In some circumstances, you can ask us to delete your data: see the section headed Your legal rights below for further information.

9. Merger or acquisition

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your personal information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.

10. Non-marketing email communications 

We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our website is temporarily suspended for maintenance, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the personal information that you provide us, we may communicate with you in response to your enquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. 

11. Your legal rights

11.1 Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

11.1.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

11.1.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

11.1.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

11.1.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

11.1.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a) If you want us to establish the data’s accuracy.

(b) Where our use of the data is unlawful, but you do not want us to erase it.

(c) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

(d) You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

11.1.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

11.1.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

11.2 If you wish to exercise any of the rights set out above, please contact Jayne Godden at jaynegodden@mac.com or 07817 779132. 

No fee usually required

11.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

11.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

11.5 We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12. Cookies Policy

12.1 As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. 

12.2 This information is provided to us by your browser or by our mobile application when you view or use our website. We use this information for, among other things, the operation of the website, to maintain the quality of the website, to provide general statistics regarding use of the website and for other business purposes. 

12.3 We track this information using cookies (small text files which include an anonymous unique identifier), and other information that does not personally identify you. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect non-personal information about that user and keep a record of the user’s preferences when utilising our services, both on an individual and aggregate basis. 

12.4 We may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the website may not work properly. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

13. Glossary

LAWFUL BASIS

13.1 Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

13.2 Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

13.3 Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.