Privacy policy

Welcome to the Positive Health Strategies Ltd (“Positive”) privacy notice.

Positive respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Positive collects and processes your personal data including when you visit or use our websites, apps and other services, including attending events.

It is important that you read this privacy notice together with such terms and conditions or privacy notice as 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 notice supplements the other notices and is not intended to override them.

CONTROLLER

We are the controller of the personal data provided to us for the purposes of applicable data protection legislation.

Please note in particular that we are the controller of any personal data that your school, university or employer provides to us so that you can access our services or attend our events. This is because we determine:

• what personal data is required to access our services or attend our events;
• product and website design and access rights; and we have the ability to block access for any individual;
• how personal data is used within our services and to run our events;
• whether any third parties are required to processes the personal data for us as part of the provision of access to services or in relation to our events; and
• how long we retain personal data.

We do of course comply with all applicable laws relating to data protection in exercising our rights as a controller.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

Our full details are:

Positive Health Strategies Limited

2 Maple Court

Davenport Street

Macclesfield

Cheshire

England

SK10 1JE

[email protected]

+44(0) 207 936 3454

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk) or if you are based outside of the United Kingdom, you can contact your local regulatory authority. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

EU REPRESENTATIVE

We have appointed De Búrca Greene to act as our EU Representative. If you are based in the EU and wish to exercise your rights under the EU General Data Protection Regulation (GDPR), or have any queries in relation to your rights or general privacy matters, please email our Representative at [email protected]. Our EU representative will also deal with data subject rights requests for EU citizens and enquiries by EU supervisory authorities on our behalf. Please ensure to include “Positive Group” in any correspondence you send to our Representative.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

We may update this Privacy Policy from time to time at our discretion and in particular to reflect any changes in applicable laws. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing this Privacy Policy so that you are aware of any changes to it.

This version was last updated on 3rd June 2021 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data becomes outdated or inaccurate during your relationship with us.

THIRD-PARTY LINKS

The 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 are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Personal data, or personal information, means any information about a living individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, last name, username, gender, date of birth.
• Contact Data includes email address, phone number and correspondence address.
• Wellbeing Data includes data relating to your wellbeing and experiences.
• Transaction Data includes details about payments made on our website and other details about the products and services you have purchased from us and named points of contacts on invoices.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location.
• Profile Data includesyour username and password, purchases or orders made by you, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 notice.

The App allows you to submit Wellbeing Data which, in some cases, may include special category data such as data concerning your health. Where we analyse Wellbeing Data, we only do so at an aggregate level. This data analysis is not automated and we do not build any personal profiles about you as an individual. We will only process special category data if we have your explicit consent to do so, unless we otherwise have a lawful basis for data processing.

IF YOU FAIL TO PROVIDE PERSONAL DATA

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 our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

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

Direct interactions. You may give us your Identity, Contact, Wellbeing and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• register to attend our event, or to access our products or services. Please note, we sometimes use third party providers to manage our event registrations;
• participate in our accredited programmes;
• attend our live or virtual face to face sessions and events;
• create an account on Positive NOW;
• participate in discussion boards or forums hosted on Positive NOW;
• otherwise submit such data through use of any of our platforms or otherwise;
• subscribe to our service or publications;
• request marketing to be sent to you;
• complete a survey; or
• give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns including IP address and url path requested.

Third parties or publicly available sources. We may receive information about you from your employer if your school, university or employer has requested that you attend an event we are hosting, or wish to access our services. We may also receive personal data about you from various third parties and public sources, such as Identity and Contact Data from our event registration service providers, Marketing and Communications Data from our email marketing service providers and Technical Data from the following parties: our analytics providers; and search information providers.

We use Google analytics for our website. Google analytics collects data by using cookies. This data is aggregated and anonymised and is therefore not considered personal data as this data does not directly or indirectly reveal your identity.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services. For example, if a Payment is made on our website using PayPal, PayPal may use Financial and Transaction Data from providers of payment services.

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:

• Where we need to, to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
• Consent, where you choose to provide it.
• Aggregated data derived from personal data may be analysed for research and reporting purposes.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

Where we process your Wellbeing Data, which may include Special Categories of Personal Data about you (such as 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), we will always ask for your consent to such processing. You have the right to withdraw consent to the processing of this data at any time by contacting us.

In addition, we have set out below, in a table format, a description of all 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.

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 customer	(a) Identity (b) Contact	Performance of a contract with you
To enable you to access our online content	(a) Identity (b) Contact (c) Technical (d) Profile	Performance of a contract
To enable you to attend our event	(a) Identity (b) Contact	Performance of a contract
To provide our services providing feedback in relation to wellbeing and resilience, and teaching you psychological tools and techniques.	(a) Identity (b) Contact	Performance of a contract with you
Capturing and analysing your moodstate, and other information you voluntarily provide to us, through the Positive Technology Platforms.	(a) Wellbeing	Explicit consent
To develop analysis and data reports to provide insight on an aggregate level.	(a) Technical (b) Usage	(a) Performance of a contract with you (b) Necessary to comply with legal obligations that require insight reporting (c) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To process your order including:(a) Manage payments and fees (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer, improve, and protect our business and our platforms (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 or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)
To send you marketing information	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	Consent

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We only send direct marketing emails to users who have given explicit consent for us to do so. You have the right to withdraw consent to marketing at any time by contacting us or clicking unsubscribe from a marketing email. Please note that it may take us a few days to update our records to reflect your request.

If you ask us to remove you from our marketing list, we may keep a record of your name and email address to ensure that we do not send to you marketing information. Where you opt out of receiving marketing messages this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

COOKIES

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 the Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Notice.

CHANGE OF PURPOSE

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.

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, or ask for your consent to such processing.

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.

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Third party software support partners. Where we disclose your personal data to our partners, we ensure that we have entered a written contract with them requiring them to: only process the personal data on our documented instructions; only use staff and other persons who have a duty of confidentiality with regard to the data; comply with security obligations equivalent to those imposed on us under the GDPR, notify us of any breach in relation to the personal data shared by us; and only enlist a sub-processor with our prior permission. 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.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We will never sell your personal data as an asset.

If you provide personal data directly to one of our third party service providers, such as our event registration service providers or our email marketing service providers, those service providers will make your personal data available to us. We confirm that the requirements set out above relating to our relationship with such third party providers shall also apply in these circumstances. We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We may also transfer your personal data to your school/ university/ employer, if they have requested that you attend an event we are hosting or access our services.

We will never share your Wellbeing Data with a third party without your consent.

Many of our external third parties are based outside the United Kingdom so their processing of your personal data may involve a transfer of data outside the United Kingdom.

To the extent that personal data is ever transferred outside of the United Kingdom, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries in the EEA or that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on our secure servers. Our servers are protected using HTTPS and SSL technology, so whilst your data is in our care we know it’s as secure as it can be.

In addition, we limit access to your personal data to those employees, sub-processors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Where we have given you (or where you have chosen) a password which enables you to use our Software, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 requirements.

We will remove personal data from our database 12 months after the end of our contract with you, or your employer, school or university as the case may be.

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

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or analysis purposes in which case we may use this information indefinitely without further notice to you.

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Please see below to find out more about these rights:

• Request access to your personal data
• Request correction of your personal data
• Request erasure of your personal data
• Object to processing of your personal data
• Request restriction of processing your personal data
• Request transfer of your personal data
• Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED

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 may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

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

We try to respond to all legitimate requests within one month. Occasionally it may 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.

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product 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.

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.

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

THIRD PARTIES

EXTERNAL THIRD PARTIES

• Service providers acting as processors based in the United Kingdom or United States who provide IT and system administration services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

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.

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.

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.

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.

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

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.

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.