MINADREVER LIMITED
Data Protection Policy
13/01/2020

1. Introduction

This Policy sets out the obligations of MINADREVER LIMITED, a company registered in THE UNITED KINGDOM under number 12186282, whose registered office is at Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK (“the Company”) regarding data protection and the rights of subscribers to the website Amelesia and clients of MINADREVER LIMITED who purchase either the Mina Drever Amelesia Training Programme or the bespoke training programme and all those participating in the bespoke training programmes (“data subjects”) in respect of their personal data under Data Protection Law (all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), the Data Protection Act 2018, and any successor legislation or other directly applicable EU regulation relating to data protection and privacy for as long as, and to the extent that, EU law has legal effect in the UK).

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data.

2. Definitions

“consent” means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;

“data controller” means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to subscribers to the website Amelesia and clients  of MINADREVER LIMITED who purchase either the Mina Drever Amelesia Training Programme or the bespoke face-to-face training programme and all those participating in the bespoke training programmes;

“data subject” means a living, identified, or identifiable natural person about whom the Company holds personal data;

 “EEA” means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway;

“personal data” means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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 data subject;

“personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed;

“processing” means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

3. Scope

3.1 The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

3.2 The Company’s Data Protection Officer is Robin Angus Sinclair Drever , of Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK –01371 870784, rasdrever@aol.com. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

3.3 Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:

a) if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;

b) if consent is being relied upon in order to collect, hold, and/or process personal data;

c) if a personal data breach (suspected or actual) has occurred;

d) if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;

e) if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);

f) if any assistance is required in complying with the law applicable to direct marketing.

4. The Data Protection Principles

This Policy aims to ensure compliance with Data Protection Law. The GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:

4.1 processed lawfully, fairly, and in a transparent manner in relation to the data subject;

4.2 collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

4.3 adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;

4.4 accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;

4.5 kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject;

4.6 processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

5. The Rights of Data Subjects

The GDPR sets out the following key rights applicable to data subjects:

5.1 The right to be informed;

5.2 the right of access;

5.3 the right to rectification;

5.4 the right to erasure (also known as the ‘right to be forgotten’);

5.5 the right to restrict processing;

5.6 the right to data portability;

5.7 the right to object; and

5.8 rights with respect to automated decision-making and profiling.

6. Lawful, Fair, and Transparent Data Processing

6.1 Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the GDPR states that processing of personal data shall be lawful if at least one of the following applies:

a) the data subject has given consent to the processing of their personal data for one or more specific purposes;

b) the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;

c) the processing is necessary for compliance with a legal obligation to which the data controller is subject;

d) the processing is necessary to protect the vital interests of the data subject or of another natural person;

e) the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or

f) the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

g) the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or

7. Consent

If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:

7.1 Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action.

7.2 Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.

7.3 Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.

7.4 In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.

8. Specified, Explicit, and Legitimate Purposes

8.1 The Company collects and processes the personal data set out in Part 24 of this Policy. This includes personal data collected directly from data subjects.

8.2 The Company only collects, processes, and holds personal data for the specific purposes set out in Part 24 of this Policy (or for other purposes expressly permitted by the GDPR).

8.3 Data subjects must be kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 15 for more information on keeping data subjects informed.

9. Adequate, Relevant, and Limited Data Processing

9.1 The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 8, above, and as set out in Part 24, below.

9.2 Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.

9.3 Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.

10. Accuracy of Data and Keeping Data Up-to-Date

10.1 The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 17, below.

10.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

11. Data Retention

11.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

11.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

12. Secure Processing

12.1 The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

12.2 All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.

12.3 Data security will be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data.

13. Keeping Data Subjects Informed

13.1 The Company shall provide the information set out in Part 15.2 to every data subject where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

13.2 The following information is provided in this policy:

a) details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer;

b) the purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 24 of this Policy) and the lawful basis justifying that collection and processing;

c) details of applicable data retention periods;

d) details of the data subject’s rights under the GDPR;

e) details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

f) details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);

g) where the personal data is not obtained directly from the data subject, details about the source of that personal data;

h) where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and

i) details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

Data Subject Access

14.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.

14.2 Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

14.3 All SARs received shall be handled by the Company’s Data Protection Officer.

14.4 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

15. Rectification of Personal Data

15.1 Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.

15.2 The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

15.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

16. Erasure of Personal Data

16.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:

a) it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

b) the data subject wishes to withdraw their consent to the Company holding and processing their personal data;

c) the data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 21 of this Policy for further details concerning the right to object);

d) the personal data has been processed unlawfully;

e) the personal data needs to be erased in order for the Company to comply with a particular legal obligation;

16.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

17. Restriction of Personal Data Processing

17.1 Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

18. Data Portability

18.1 All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

19. Objections to Personal Data Processing

19.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests, for direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

19.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

19.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly.

19.4 Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

20. Direct Marketing

20.1 The Company is subject to certain rules and regulations when marketing its Amelesia training package AND/OR its bespoke face-to-face training programme.

20.2 The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:

a) The Company may send marketing text messages or emails to a customer provided that that customer’s contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and the customer in question has been given the opportunity to opt-out of marketing when their details were first collected and in every subsequent communication from the Company.

20.3 The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.

20.4 If a data subject objects to direct marketing, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied with.

21 Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):

22. Data Security – Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

22.1 All emails containing personal data must be marked “confidential”;

22.2 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”;

23. Data Security – Storage

The Company shall ensure that the following measures are taken with respect to the storage of personal data:

23.1 All electronic copies of personal data will be stored securely;

23.2 All hard copies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;

23.3 All personal data stored electronically should be backed up at regular intervals and stored securely onsite.

24. Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.

25. Data Security – Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal data:

25.1 No personal data may be shared informally or formally without prior consent in writing of the data subjects,

26 Data Breach Notification

26.1 All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

26.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

26.3 Data breach notifications shall include the following information:

26.3.1 The categories and approximate number of data subjects concerned;

26.3.2 The categories and approximate number of personal data records concerned;

26.3.3 The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);

26.3.4 The likely consequences of the breach;

26.3.5 Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

27 Implementation of Policy

This Policy shall be deemed effective as of 13/01/2020. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by: