Last updated: 28th May 2020
BACKGROUND:
Please read this Privacy Notice carefully and ensure that you understand it.
1. Information about The Mindful HR director
The Mindful HR Director Ltd, a company registered in England under Company Number 09359433, whose registered office is at 37 Shelton Street, London, WC2H 9HN. VAT number is GB 210 2648 54.
Data Protection Officer: Mark Pavlika.
Email address: mark@themindfulhrd.com
Telephone number: 020 3617 6040.
Postal address: 37 Shelton Street, London, WC2H 9HN
2. Definitions and interpretation
In this Notice, the following terms shall have the following meanings:
"personal data" Personal data is defined by the Data Protection Legislation (Data Protection Act 2018 and EU Regulation 2016/679 – the General Data Protection Regulation ("GDPR")); as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. In simpler terms, personal data is any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
3. What does this notice cover?
This Privacy Notice applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
4. Your rights
4.1 As a data subject, you have the following rights under the GDPR, which will always work to uphold:-
4.1.1 The right to be informed about our collection and use of personal data; This Privacy Notice, together with our Cookies Policy, fulfils our obligation to tell you about the ways in which we use your information.
4.1.2 The right of access to the personal data we hold about you (see section 12); You have the right to ask us for a copy of any personal data that we hold about you. This is known as a "Subject Access Request". Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost. We will send you a copy of the information within 30 days of your request.
4.1.3 The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 13);
4.1.4 The right to be forgotten – From 25 May 2018, you can ask that we erase all personal information that we hold about you. i.e. the right to ask us to delete any personal data we hold about you. Where it is appropriate that we comply, your request will be fully actioned within 30 days. For further information, please contact 020 3617 6040 or alternatively, please contact us via email at hello@themindfulhrd.com.
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data; If you wish us to restrict the use of your data because (i) you think it is inaccurate but this will take time to validate, (ii) you believe our data processing is unlawful but you do not want your data erased, (iii) you want us to retain your data in order to establish, exercise or defend a legal claim, or (iv) you wish to object to the processing of your data, but we have yet to determine whether this is appropriate, please contact us by email at hello@themindfulhrd.comor by telephone on 020 3617 6040.
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation) If you would like to move, copy or transfer the electronic personal data that we hold about you to another organisation please contact us by email at hello@themindfulhrd.com or by telephone on 020 3617 6040.
4.1.7 The right to object to us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling. If you would like to object to automated decision making without any individual involvement, and to the profiling of your data please contact us by email at hello@themindfulhrd.comor by telephone on 020 3617 6040.
4.2 If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 13 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK's supervisory authority, The Information Commissioner's Office.
4.3 For further information about your rights, please contact the Information Commissioner's Office or your local Citizens Advice Bureau.
5. What data do we collect?
Depending upon your use of our website or your reason for supplying or consenting to us receiving your data, we may collect some or all of the following personal and non-personal data. In addition, we may be provided with your data from data supply companies or partners who will have obtained your consent prior to providing us with this information. We ensure that all companies and partners that we deal with are held to the same level of GDPR compliance that we adhere to and that wherever possible we have verified that they have obtained and processed your data lawfully.
Data Collected:
Insertion of this information onto our website by you.
Provision of this information by you directly to one of our employees or partners.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
We obtain personal data from a number of different sources including online survey through 3rd parties where we may use consent or legitimate interest as our legal basis.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Insertion of this information onto our website by you.
Provision of this information by you directly to one of our employees or partners.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
We obtain personal data from a number of different sources including online survey through 3rd parties where we may use consent or legitimate interest as our legal basis.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Business information including:
Insertion of this information onto our website by you.
Provision of this information by you directly to one of our employees or partners.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
We obtain personal data from a number of different sources including online survey through 3rd parties where we may use consent or legitimate interest as our legal basis.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Payment information including:
Insertion of this information onto our website by you.
Provision of this information by you directly to one of our employees or partners.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
We obtain personal data from a number of different sources including online survey through 3rd parties where we may use consent or legitimate interest as our legal basis.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Profile information including:
Insertion of this information onto our website by you.
Provision of this information by you directly to one of our employees or partners.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
We obtain personal data from a number of different sources including online survey through 3rd parties where we may use consent or legitimate interest as our legal basis.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Data from third parties including contact information and profile information.
Provision of this information by you to a data supplier or Company together with your consent for this information to be released to us.
Provision of this information by you to a referral partner together with your consent for this information to be released to us.
Digital Data including:
This information is collected if you use our website
6. How do we use your data?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Act 2018 and GDPR and any subsequent legislation at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
We will use your personal contact information to contact you by telephone or email and liaise with you regarding our services and products that may be of interest to you;
Supplying our products and/or services to you (please note that we require your personal data in order to enter into a contract with you);
Personalising and tailoring our products and/or services for you;
Replying to emails from you;
Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking the unsubscribe link in the footer of emails)
Market research;
Analysing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience;
6.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email and/or telephone and/or text message and/or post with information, news and offers on our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Protection Act 2018 or GDPR and subsequent legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Third parties (including but not limited to BBC Corporation, YouTube, Facebook, Google, Microsoft, Yahoo, HotJar, Tawk.to) whose content appears on our Site may use third party Cookies, please refer to our Cookie Policy for further information. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected or to comply with any legal regulatory or reporting obligations or to assert or defend against legal claims.
Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
Pre-Sale Information: Any information we hold that does not lead to a sale will generally be kept for a period of 12 months. If you have asked us not to contact you it will be necessary for us to keep your basic contact information within our suppression files for the purposes of recording and complying with your request.
Post-Sale Information: Due to the nature of the business of human resources we will keep any information indefinitely due to the importance of providing ongoing client service.
7. How and where do we store your data?
7.1 We only keep your personal data for as long as we need to in order to use it as described above in section 6, and/or for as long as we have your permission to keep it.
7.1.1 Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our Site and submitting information to us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and in compliance with the Data Protection Act 2018, GDPR and subsequent legislation including:
7.1.1.1 Encryption at rest and encryption in transit.
7.1.1.2 Secure backups.
7.1.1.3 Strict access controls.
7.2 Data security is very important to Us, and to protect your data we have taken suitable measures to safeguard and secure data collected through our Site.
7.3 Steps we take to secure and protect your data include:
7.3.1 Encryption at rest and encryption in transit.
7.3.2 Secure backups.
7.3.3 Strict access controls.
7.3.4 Regular security audits.
8. Do we share your data?
8.1 Subject to section 8.2, we will not share any of your data with any third parties for any purposes without your consent unless we are legally obligated to do so.
8.2 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal obligations, a court order, or a governmental authority.
8.3 We may sometimes contract with third parties to supply products and services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
8.4 We may compile statistics about the use of our site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.5 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the Data Protection Act 2018 as set out in Schedule Two.
8.6 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
9. What happens if our business changes hands?
9.1 We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the same purposes for which it was originally collected by us.
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will, however, have the choice to have your data deleted or withheld from the new owner or controller.
10. How can you control your data?
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details.
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service ("the TPS"), the Corporate Telephone Preference Service ("the CTPS"), and the Mailing Preference Service ("the MPS"). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. Your right to withhold information
11.1 You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
11.2 You may restrict our use of Cookies. For more information, see our Cookie Policy.
12. How can you access your data?
You have the right to ask for a copy of any of your personal data held by us (where such data is held). Under the GDPR, no fee is payable and we will provide any and all information in response to your request free of charge. Please contact us for more details at hello@themindfulhrd.com , or using the contact details below in section 13.
13. Contacting us
If you have any questions about our Site or this Privacy Notice, please contact us by email at hello@themindfulhrd.com, by telephone on 020 3617 6040, or by post at 37 Shelton Street, London, WC2H 9HN. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (as under section 12, above).
14. Changes to our Privacy Notice
We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be immediately posted on our site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of our site following the alterations. You can access our Privacy Notice by requesting a copy at any time using any of the methods listed in Clause 13 above. We recommend that you check this notice regularly to keep up-to-date.
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