Privacy & Cookies Policy
BACKGROUND:
Helsa Wellness Ltd understands that your privacy is important to you and that you care about how your personal data is used. Werespect and value the privacy ofeveryone who visits our website www.helsahelps.com (“Our Site ”)or works with us and will only collect and use personal data in ways that are described here, and in a way that is consistent with ourobligations and your rights under the law.
Please read this Privacy & Cookies Policy carefully and ensure that you understand it. Your acceptance of this Privacy & Cookies Policy will occur when you tick the consent box on Our Site AND/ORYou will be required to provide express consent by reading and accepting this Privacy & Cookies Policy when signing up to our business Terms and Conditions.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Cookie”
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Siteand/or when you use certain features of Our Site. Details of the Cookies used by App are set out in Part 14 below; and
“Cookie Law”
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
2. Information About Us
Our Site is owned and operated by Helsa Wellness Limited company registered in England under company number 12124990
Registered[and postal]address: 21 Hemberton Road, London, England SW9 9LF
Data Protection Officer& Representative:Marc Svensson
Email address: marc@helsahelps.com
Telephone number: 07914-358573
3. What Does This Policy Cover?
This Privacy & Cookies Policy applies only to your use of Our Siteand business Terms and Conditions. Our Site may contain links to other websites. Please note that wehave no control over how your data is collected, stored, or used by other websitesincluding those of any Partner Therapist (as defined in our business Terms and Conditions) and we advise you to check the privacy policies of any such websitesbefore providing any data to them.
4. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679)(the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, 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.
5. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about ourcollection and use of your personal data. This Privacy & Cookies Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
b) The right to access the personal data wehold about you. Part 13 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
d) The right to ask usto delete or otherwise dispose of any of your personal data that wehold. Please contact ususing the details in Part 15 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.Please contact us using the details in Part 15 to find out more.
f) The right to object to us using your personal data for a particular purpose or purposes. Please contact us using the details in Part 15 to find out more.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time. Please contact us using the details in Part 15 to find out more.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases. Please contact us using the details in Part 15 to find out more.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep usinformed as long as wehave that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about ouruse of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. Wewould welcome the opportunity to resolve your concerns ourselveshowever, so please contact us first, using the details in Part 15.
6. What Data Do You Collect and How?
Wemay collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies.
Data Collected
How We Collect the Data
Lawful Basis
Identity Information including first name, last name, title, gender, date of birth, sexuality
Via Our Site including via any installed plugins and Questionnaire Submissions, over the telephone or via email or social media interaction, and other general marketing. Sometimes data may be collected automatically through these mediums.
Consent
Contract
Legal Obligation
Legitimate Interest
Contact information including address, email address, telephone numbers
Via Our Site including via any installed plugins and Questionnaire Submissions, over the telephone or via email or social media interaction and other general marketing Sometimes data may be collected automatically through these mediums.
Consent
Contract
Legal Obligation
Legitimate Interest
Non-Clinical Data (including but not limited to indicators around mental health wellbeing which is not intended or expected to include any medical data)
Via Our Site including via any installed plugins and Questionnaire Submissions, over the telephone or via email
Contract
Legal Obligation
Legitimate Interest
Technical information including IP address, browser type and version, country, operating system
Via Our Site and servers. Sometimes data may be collected automatically through these mediums.
Legal Obligation
Legitimate Interest
Data from third parties
Social media platforms and job boards and insights tools. Sometimes data may be collected automatically through these mediums.
Legitimate Interest
Despite our efforts to exclude the same, it is possible that certain personal data or Non-Clinical Data may be categorised as ‘health data’. Any ‘health data’ will be collected only with your consent and processed in accordance with all current laws and regulations. Please contact us using the details below in Part 15 for further information about the particular data protection mechanisms used by us in respect of the handling of any of your data considered to be health data.
7. How Do You Use My Personal Data?
Under the Data Protection Legislation, wemust always have a lawful basis for using personal data which comprisesconsent, contract, legal obligation andlegitimate interests. More details on each lawful basis and examples of how we use your personal data under each basis are as follows:
Consent
Where you have expressly provided your consent to receive communications from us such as emails and updates on new services, offerings and products. Consenting to the use of non essential cookies on Our Site is used to make your experience on Our Site more seamless by, for example but not limited to, remembering pages you have previously visited, products you have clicked on, automatically generated forms.
Contract
Your personal data including Non-Clinical Data is necessary for us to administer the contractual relationship with you where you are using Our Site to get a Match Result and so that we may communicate with you about Partner Therapists, Match Results from your Questionnaire Submissions and keeping you updated with any changes in our terms and policies as well as offering you additional products, services and benefits as a valued community members of ours.
Legitimate Interest
Where you have provided your email address or other personal data to us, either online or offline, we may add you to our database for emails to contact you about services, offers and updates. Certain personal data is also needed for legitimate purposes to prevent fraud, security breaches, legal violations, for us to understand more about our client and targeted client base. We may also use the personal data collected under this lawful basis to help us analyse and administer, improve and update Our Site for better experience, better products and service we offer.
Legal Obligation
Certain personal data you provide us is necessary for us to fulfil our legal obligations as a business for example, verifying your age and appropriate use of Our Site, preventing fraud, security breaches and complying with our tax and accounting obligations where needed.
Personal data relating to children
Our Site is not intended for use by anyone under the age of 18. Furthermore, We do not conduct any automatic user profiling with children’s personal data and Our Site is set up to have age appropriate safeguards in place.
You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.See Part 11 for more details.
Third Parties whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish usto explain how the new purpose is compatible with the original, please contact us using the details in Part 15.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows usto do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
8. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.Even if we delete your personal data, it may still exist on backup or archival media for legal, tax or regulatory purposes.
9. How and Where Do You Store or Transfer My Personal Data?
We will store or transfer some of your personal data within the UK or theEuropean Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, GDPR, and/or to equivalent standards by law.
We may store or transfer some or all of your personal data in countries that are not part of the EEAor the UK. These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:
We may use specific contracts with external third parties that are Approved by the European Commissionor upon the end of any transition period following BREXIT, the Information Commissioner’s Office or related UK Government entityfor the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would Apply under the Data Protection Legislation. More information is available from the European Commission(https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu_en).
Please contact us using the details below in Part 15 for further information about the particular data protection mechanisms used by uswhen transferring your personal data to a third country.The security of your personal data is essential to usand to protect your data, wetake a number of importanttechnical and organisationalmeasures, including the following:
-
limiting access to your personal data to those employees, agents, consultants, contractors,Partner Therapists and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentialityand aware of any obligations relating to the use of your personal data by them; and
-
procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.
10. Do You Share My Personal Data?
Subject to part 9, Wewill not share any of your personal data with any third parties for any purposes, subject to the following exception[s].
If wesell, transfer, or merge parts of ourbusiness or assets, your personal data may be transferred to a third party. Wemay be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. We may also need to share your personal data to relevant authorities for example to facilitate the detection of crime or collection of taxes or duties.
Personal data collected by Us may be stored and processed in your region, in the United States, or in any other country where Helsa Wellness Ltd or its affiliates, subsidiaries or service providers maintain facilities. Alternatively, different storage locations may be chosen to operate efficiently, to improve performance, and to create redundancies to protect the personal data in the event of an outage or other problem. All data stored outside of the United Kingdom or the EEA will be processed in accordance with this Privacy Policy.
Non-Clinical Data
Your Non-Clinical Data is critical and integral to providing you with the best possible Match Result. When you create your Account you will be given an opportunity to consent to the use of your Non-Clinical Data for these purposes.We will notuse your Non-Clinical Dataand other personal data whether on an anonymised basisor otherwisefor the purposes offormulatinganalysis, theories and papers for distribution internally with our own research and development department or externally with research bodies, or to provide any formal medical diagnosis.
11. How Can I Control My Personal Data?
11.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, weaim 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).
12. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal 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.
You may restrict ouruse of Cookies. For more information, see Part 14.
13. How Can I Access My Personal Data?
If you want to know what personal data wehave about you, you can ask usfor details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover ouradministrative costs in responding.
Wewill respond to your subject access request within 14 calendar daysand, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
14. How Do You Use Cookies?
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by usWeuse Cookies to facilitate and improve your experience of Our Site and to provide and improve our productsand services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
The Cookie Law states that we can store Cookies on your device if they are strictly necessary for the operation of Our Site. For all other types of Cookieswe need your permission.
By using Our Site, you may also receive certain third-party Cookies on your computer or device: (a)Preference cookiesenable a websiteto remember information that changes the way the websitebehaves or looks, like your preferred language or the region that you are in, (b) Statistic Cookieshelp website owners to understand how visitors interact with web Apps by collecting and reporting information anonymously or (c) Marketing Cookiesare used to track visitors across different websites or Applications. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.
Third-party Cookies are used on Our Site foranalytics and SEO such as Facebook AdsThese Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Beforenon-essentialCookies are placed on your computer or device, you will be shown a pop up screen requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of some or all of those Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first-party Cookies and block third-party Cookiesor choose which third party Cookies you are consenting to.Certain features of Our Site depend on Cookies to function. Cookie Law deems someCookies to be “strictly necessary”. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
You may contact us for more details on strictly necessary and third party Cookies we use.
In addition to the controls that weprovide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
15. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of: Marc Svensson):
Email address: marc@helsahelps.com
Telephone number: 07914-358573
Postal Address: 21 Hemberton Road, London, England SW9 9LF
16. General
You may not transfer any of your rights under this Privacy & CookiesPolicy to any other person.Subject to Our Site terms and conditions, anyone under the age of 18 should not use Our Site but in the event someone under the age of 18 uses Our Site and accepts this Privacy & Cookies Policy without parental responsibility consent or on another unauthorised basis, We shall not be liable for any breach of the Data Protection Legislation relating to the personal data We collect as a result of such use.We may transfer our rights under this Privacy & Cookies Policywhere we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this Privacy & Cookies Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy & Cookies Policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Privacy & Cookies Policywill be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
17. Changes to this Privacy & Cookies Policy
Wemay change this Privacy & Cookies Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy & Cookies Policy on your first use of Our Siteor Our servicesfollowing the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy & Cookies Policy was last updated on [ ] January 2020.