Spirit Mountain Ltd a company registered in England and Wales 12784521 registered address Flat 5 30 St. James's Place, London, England, SW1A 1NR (‘Company, we, us, our’). The Company obtains, keeps and uses information about you for a number of specific lawful purposes. The Company is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.
The Company respects your privacy and is committed to protecting your personal data. We take the security and privacy of data seriously and are committed to complying with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation.
This Privacy Notice applies to the personal data we process as a data controller. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences within the Platform or when you receive the services. The data we collect depends on the context of your interactions with us and the choices you make, including the products and features you use. We also may obtain data about you from third parties.
When you use our Platform, through another account holder, the processing of your personal data is determined and administered by that account holder under its privacy policies. If you have questions about how and why your personal data is collected, the legal basis for processing, or requests regarding your personal data, please refer to the account holder’s privacy statement and direct your inquiries to the account holder or its administrator.
Purpose of the policy
This privacy notice aims to give you information on how the Company collects and processes your personal data including any data you may provide through our Platform when you:
• sign up to our newsletter;
• enquire about our products and services;
• when you purchase our products or services;
• join us as a teacher.
This policy applies to all data, whether it is stored electronically, on paper or on other materials.
Changes to this policy
We will review and update this notice regularly in accordance with our data protection obligations. We will circulate any new or modified policies or notices in relation to your data when it is adopted on our Platform. It is important that you read and understand this notice before you share with us any personal data.
Your queries and complaints
We are not required to appoint Data Protection Officer however we have appointed an Information 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 our Information Manager using the details set out below.
N: Krystyna Butina
We hope that Information Manager can resolve any query or concern you raise about our use of your information. However, if you feel that we have failed to address your concerns appropriately, you can contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Third Party Links
Our Platform 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 Platform, we encourage you to read the privacy notice of every website you visit.
When you purchase our services or products through another account holder, (i.e. Facebook, Pintrest or any other platform), processing of your personal data is determined and administered by that account holder under its privacy policies. If you have questions about how and why your personal data is collected, the legal basis for processing, or requests regarding your personal data, please refer to the account holder’s privacy statement and direct your inquiries to the account holder or its administrator.
Data protection principles
When processing your data, the Company will comply with the following data protection principles when processing information:
• we will process personal information lawfully, fairly and in a transparent manner;
• we will collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;
• we will only process the personal information that is adequate, relevant and necessary for the relevant purposes;
• we will keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay;
• we will keep personal information in a form which permits identification of data subjects (you) for no longer than is necessary for the purposes for which the information is processed; and
• we will take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
How we define processing
The Company will process your personal data (including special categories of personal data and your criminal offence data) in accordance with legal obligations.
‘Processing’ means any operation which is performed on personal data such as: • collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available; • alignment or combination; and
• restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
What data (information) we collect
The Company processes information about you for a number of specific lawful purposes and we seek to ensure that our data collection and processing is always proportionate. In some limited circumstances we may process sensitive data. We will not process Criminal Offence Data.
• ‘Personal data’ is information which relates to a living person who can be identified from that data (data subject) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of
opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
• Sensitive personal data’ is sometimes referred to as ‘special categories of personal data’ or ‘sensitive personal information’ and it includes information about your: race; ethnic origin; politics; religion; trade union membership; genetics; biometrics (where used for ID purposes); health; sex life; or sexual orientation.
• Criminal Offence Data is data relating to criminal convictions and offences, or related security measures.
We have further grouped the above data together as follows:
• Account User Data includes your name, last name, marital status, title, date of birth, gender, username or similar identifier, language preference, any profile picture and in the case of Teacher, contents of ID, proof of address and evidence of applicable experience and qualifications.
• Contact Data includes addresses, email addresses and telephone numbers.
• Financial Data includes bank account and payment card details, billing name, billing phone and billing address, payment methods, company name, user count.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us and session data.
• Background Data includes information about support and feedback, any information processed in connection with support activities such as support calls and chats (and recordings of those calls), any support service tickets, any information received from you or the Teacher in relation to a dispute, any feedback or reviews left for us on third party Platforms or shared with us in relation to use of Platform.
• Usage Data includes information about how you use our Platform, for example how long you stay on each page and how long you generally visit our Platform for, metrics about how and when meetings are concluded, information about if and how Platform features are used, metrics related to how the services were used, information on system events and states.
• Marketing Data includes your marketing and communication preferences and marketing list.
• 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 Platform 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.
• Session Content includes is the “in-session” information you give us directly through your use of the Platform when you receive or provide services, such as meeting recordings, files, chat logs, and transcripts, and any other information uploaded while using the features and functionality of the Platform.
Basis for processing data
We have set out below a description of what data we collect, where and how we obtain the data from, the purpose of collecting it, how we will use it and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate, what happens if you do not provide the information and who we may share it with and why. We have to have a valid lawful basis in order to process your personal data. We will generally process your personal data in the following circumstances:
• We need this information in order to take steps at your request prior to entering into a contact with you or for the performance of a contract to which you are a party.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and to sell you our products. 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). Where we process your information under this lawful basis, we will specify legitimate interests accordingly.
• Where we need to comply with a legal or regulatory obligation that we are subject to.
• Where you have provided us consent. Generally, we do not rely on consent as a legal basis for processing your personal data but may in certain circumstances request for your explicit consent to process your data. If we do so, we will advise you on the purpose of that data collection, how we will process it and will request your explicit and clear consent for us to process that data for that purpose. Where we rely on your consent to process your data, you will be able to withdraw your consent at any time.
The Company may from time to time need to process sensitive personal information. We will only process sensitive personal information if we have a lawful basis for doing so as set out in paragraph 8.1 and one of the special conditions for processing sensitive personal information applies, e.g.:
• you have given us explicit consent;
• processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by law;
• processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
• processing relates to personal data which are manifestly made public by you;
• processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of law;
• the processing is necessary for the establishment, exercise or defence of legal claims; or
• the processing is necessary for reasons of substantial public interest. Consent
It is important that you are aware that where we process your data for the purposes of legitimate interest, once you have submitted your data to us we can process your data for these purposes without your consent (without prejudice to your other rights). We do not need your consent to process your data when we are processing it for the following purposes, which we may do:
• where it is necessary for us to comply or to demonstrate that we have complied with law;
• where you have made the data public;
• where processing is necessary for the establishment, exercise or defence of legal claims.
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 below.
HOW WE PROCESS DATA
When you use our Platform, we may automatically collect Technical Data, Usage Data and Aggregate Data about your equipment, browsing actions and patterns. We collect this data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We will:
• obtain this information from you or third parties such as analytics providers (eg google), which may be based outside the EU;
• collect this information for the purpose to administer and protect our business and this Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data;
• collect this data as it is 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);
• will share the information we receive with relevant personnel within company, i.e. those responsible for the IT aspect of the business and third-party service providers responsible for our Platform maintenance;
• collect this information automatically when you use our Platform. If you do not wish for this information to be collected, please do not use our Platform.
We will process your Account User Data, Contact Data, Marketing Data, Aggregate Data, Technical when you enquire about our services and products by filling in forms on our Platform, by corresponding with us by post, phone or email, when you communicate through the Platform or through a third party i.e. on social media platforms. We will:
• obtain this information from you;
• collect this information for the purpose of determining if we are able to provide you with services and/or sell you the products and provide you with a quote;
• collect this data as it is necessary in order for us to enter into a contract with you and for our legitimate interests (to grow our business, maintain appropriate records, determine if we can provide you with services or sell you the products);
• share the information we receive with relevant personnel within company, i.e. to pass messages or information so that that personnel may respond to your enquiry or help you book our products or services;
• not be able to respond to your enquiry, contact you or take necessary steps to enter into a contract with you, if you fail to provide necessary information.
We will process your Account User Data, Contact Data, Financial Data, Transactional Data, Technical Data, Background Data, Usage Data, Marketing Data, Aggregate Data and Session Content Data when you purchase our products or services. We will:
• obtain this information from you, from the Teacher who you have a session with, from third party providers (such as payment facility providers);
• collect this information for the purpose of us being able to sell you the products or provide you with services, to keep and maintain appropriate records, to process and deliver your order including manage payments, fees and charges, provide you support, provide announcements in relation to new products and services, collect and recover money owed to us, comply with legal obligations (i.e. to account to HMRC for tax);
• collect this data as it is necessary in order for us to enter into a contract with you and for our legitimate interests (to grow our business, maintain appropriate records, determine if we can provide you with services or sell you the products and provide you support in relation to those services);
• not be able to contact you or take necessary steps to enter into a contract with you, if you fail to provide necessary information.
We will process your Account User Data, Contact Data, Financial Data, Transactional Data, Technical Data, Background Data, Usage Data, Marketing Data, Aggregate Data and Session Content Data when you register with us. We will:
• obtain this information from you;
• collect this information for the purpose of us being able to determine on whether you can provide services on our Platform and what type of services you can provide, to keep and maintain appropriate records, to process any payments due to you, including manage payments, fees and charges, provide you support, provide announcements in relation to new features of the Platform, collect and recover money owed to us, comply with legal obligations (i.e. to account to HMRC for tax, to assist authorities to prevent fraud).
• collect this data as it is necessary in order for us to enter into a contract with you and for our legitimate interests (to grow our business, maintain appropriate records, determine if you can provide the services on our Platform and provide you support in relation to those services);
• not be able to contact you or take necessary steps to enter into a contract with you, if you fail to provide necessary information.
You may also wish to provide us with sensitive data in relation to your health (i.e. disability) by requesting us to make reasonable adjustments on how we communicate with you or if we need to make special adjustments so that we can provide you with our services or access to our Platform. The legal condition for processing such data is establishment, exercise or defence of legal claims (i.e. so that we can show that we have treated you fairly and complied with our legal obligations under the Equality Act 2010).
Criminal Offense Data
We do not process Criminal Offense Data.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. More information can be found in our Data Retention Policy which can be requested from Information Manager.
We generally keep your personal data so that we can:
• respond to any questions, complaints or claims made by you or on your behalf; • show that we treated you fairly;
• keep records required by law;
• prevent fraud;
• comply with our regulatory requirements.
When it is no longer necessary to retain your personal data, we will delete securely. In summary your data will be retained as follows:
• Platform Users: data will be anonymised and retained for up to 7 years.
• Platform Enquiries: data will be retained for 6 months if you have not subscribed to receive our promotional material. If you subscribed to receive our promotional notifications, we will retain your name, organisation and your contacting preferences until you withdraw your consent.
• Teachers and Users: information will be retained for 7 years.
Information may be held at our offices and third-party agencies, service providers, representatives and agents. We have security measures in place to ensure that there is appropriate security for information we hold. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We routinely share personal data with:
• relevant personnel within our Company;
• our regulators (if any);
• our professional advisers for example our lawyers or accountants; • any third party;
• our insurers;
• external service suppliers, representatives and agents that we use to make our business more efficient (i.e. website developers, payment service providers, banks, our technology, system and software providers).
We only allow our service providers to handle your personal data if we are satisfied that they take appropriate measures to protect your personal data. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you. We will only share information about you if it is strictly necessary.
We operate globally, which means personal data may be stored and processed in any country were we or our services providers have facilities. By using the Platform or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in other countries around the world. Such countries may have data protection rules that are different and less protective than those of your country.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it in accordance with data protection laws. Some examples of how we might do this are:
• The transfer of your personal data is to countries 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 .
• The transfer uses 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 .
• Where we use providers based in the US, the transfer of your personal data is to a provider with Privacy Shield certification. For further details, see European Commission: EU-US Privacy Shield.
Please Contact Us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may disclose your data in order to enforce our contractual rights against you or to defend legal claims. We may also disclose your data to protect our rights, property and safety, or the rights, property and safety of others or to prevent fraud.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Session Content Data
Session Content Data will not be ordinarily viewed by us or any other third parties. Session Contents Data will be stored for 28 days from the date the session took place. This content will be viewed only if it is reasonably deemed necessary to address a concern of the User or Teacher or to assist us in resolving a dispute. We will not share the Session Content Data for these purposes, but we may share Session Content Data if we are ordered to do so by the governmental authority. We use commercially reasonable efforts to delete your Session Content Data as required but retain records necessary to comply with a governmental authority or applicable laws.
Please note that we do not control the actions of anyone with whom you may choose to share your personal data with. Therefore, we cannot and do not guarantee that any Session
Content you or any user provides during the session will not be viewed by unauthorised persons. Nor can we control the information a User or Teacher may choose to share during a meeting. Although we take all reasonable steps to ensure that the security measures which are in place are appropriate, please be aware that no security measures are perfect or impenetrable and that we are not responsible for circumvention of any security measures contained when you are being provided with the services or any Session Content intercepted by unauthorised parties. You should be cautious about any personal information that you provide to others when using the Platform, and the information you choose to share during the sessions.
We may use your personal data to send you updates (by email, telephone or post) when you enquire about our services, use our services, subscribe to receive such updates, request marketing to be sent to you, enter a competition, promotion or survey or give us some feedback.
• obtain this information from you or any third party through which you subscribe or contact us i.e. social media, a third-party plugin which we use to assist with subscription etc;
• collect this information so that we can send you our newsletters, to deliver relevant website content and advertisements to you, notify you of updates and new features, send you information on our seminars or invite you to networking or other events, or to introduce our new services and measure or understand the effectiveness of the advertising we serve to you;
• collect this data as it is necessary for our legitimate interests (to keep in touch with our clients, to study how customers use our services, to develop our services and promote them, to grow our business and to improve our marketing strategy).
• share the information we receive with relevant personnel within company, i.e. those responsible for the IT or marketing aspects of the business and third- party service providers responsible for our Platform maintenance and marketing or software providers, (eg Mailchimp, Hubspot). You will be able to opt out of receiving any further promotional material from us.
We have a legitimate interest in processing your personal data for promotional purposes. This means we do not usually need your consent to send you promotional communications if you are a registered User or Teacher or if you are a business or organisation. However, where consent is needed, we will ask for this consent separately and clearly. We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
If you reside in the European Economic Area, you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with applicable data protection laws. We may need to retain certain information
for record-keeping purposes or to complete transactions that you began prior to requesting any deletion.
The right to be informed about the collection and use of your personal data.
The right to access (Subject Access Request) to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. If you wish to exercise this right:
• 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 unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
• 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.
• 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.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. In certain circumstances we may refuse a request for correction.
Request erasure of your personal information. In certain circumstances you have the right to have ask for some but not all of the information we hold and process to be erased (the right to be forgotten). This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
Rights in relation to automated decision making and profiling: You will not be subject to decisions that will have a significant impact on you based solely on automated decision making.
If you want to exercise any of the above-mentioned rights, please identify yourself and specify your request. If you have a User Account or Teacher Account which is password protected, we will use your account information to verify your identity. If not, we will ask you
to provide additional verification information. What we request will depend on the nature of your request, how sensitive the information is, and how harmful unauthorized disclosure or deletion would be.
Please note that in certain circumstances we may deny your request (i.e. request for erasure where we have a legitimate business interest to continue to process the data) Where legally permitted, we may decline to process requests, including requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others.