INTRODUCTION
Thank you for visiting upcycledhealth.com (hereinafter “Website,” “Site,”), owned by Jennifer Clarke (hereinafter, “we,” “us,” “our”), a Scotland based business.
Please see the Business’s contact information below should you have any questions.
We respect and value the privacy of everyone who visits our Site and will only collect and use information in a manner consistent with your rights and our obligations under the law.
This Privacy Policy applies only to your use of this Website. It does not extend to any websites that are linked to from our Site (whether we provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
Please read this statement carefully as it is intended to help you understand the types of information we collect, why we collect it, and the ways you can manage any personal information we may collect about you.
We have made every reasonable effort to explain the terms of this Privacy Policy in easy-to-understand language. If you have any questions, please use the contact information provided below.
It is important to us that you make a reasonably informed decision as to whether to continue reading the information provided on this website and whether you ultimately choose to share any of your personal information with us.
Who we are
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.upcycledhealth.com
By providing us with your data, you warrant to us that you are over 13 years of age.
Jennifer Clarke is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Contact Details
Our full details are:
Full name of legal entity: Jennifer Clarke
Email address: upcycledhealth@gmail.com
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at upycledhealth@gmail.com
Personal information
For purposes of this Privacy Policy, “personal information” means any information that could identify you as an individual through information that is unique to you. This type of information is often referred to a “unique identifier,” which is a numeric or alphanumeric string of characters that can be used to uniquely identify an individual. Obvious unique identifiers are name, address, and phone number. Other unique identifiers include your email address, a website URL, billing information, Internet Protocol (IP) addresses, or any other data that could reasonably be linked to your identity.
Unique identifiers can be used for various purposes, including remembering your browsing preferences, your purchase history, directing advertising specifically to you, collecting information about your browsing history, as well as determining whether emails sent to you by us were received and/or opened.
Unique identifiers are sometimes stored in “cookies” (see below) to help websites display certain content in your browser, and to remember, for example, your preferred language.
We may also collect information from the content you provide to us through our products and services. Be advised that this content may also include personal information that would also be protected by our Privacy Policy.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- Email Marketing Data that includes (but not be limited to); the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. We process this data to refine future email campaigns and supply the user with more relevant content based around their activity. Our lawful ground for this processing is legitimate interests which is to grow our business.
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Sensitive Information
We do not collect any Sensitive Information about you. Sensitive data refers to data that includes 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 do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at upcycledhealth@gmail.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
How we collect personal data
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this.
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
INTERACTING WITH YOU
The information we collect from you, specifically your email address, is used to interact with you directly, however it is a privilege we do not take for granted. While we may use your data for marketing purposes, which may include contacting you by email with information, news and offers about our products and services from time to time, we will not send you any unsolicited marketing materials or spam and promise to take all reasonable steps to ensure that your privacy rights are protected.
If you’re already a client, we use your information to communicate with you directly as a method of providing information about how to use our programs.
Before we share your personal data with any third party for their own marketing purposes, we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at upcycledhealth@gmail.com at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
PROCESSING YOUR PERSONAL DATA
Your Personal Data will be processed by us only if we have a lawful basis for doing so. “Processing” generally includes actions that can be performed in connection with data such as collection, use, storage and disclosure. Lawful bases for processing data include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
First and last name
Email address
Password
Access to content (such as classes, membership, or courses)
Legitimate Interest: We may process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
First and last name
Email address
Location information
IP address
Your activity on the Services, including class usage information and community interaction data
Examples of these legitimate interests include:
Operation and improvement of our business, products and services
Personalization of web content on the Service
Analyzing the use of the Services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions
Consent: In most cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
GATHERING PERSONAL DATA WITH YOUR CONSENT
Personal information that uniquely identifies you is only gathered with your explicit authorization and only in exchange for information, products, or services, whether free or paid. Be advised that if you choose not to provide this information you will not be able to receive information, products, or services offered by us to you as we will not have the means to deliver it to you.
We will only process your personal data if at least one of the following applies:
You have given consent to the processing of your personal data;
Processing is necessary for the performance of a contract to which you are a party;
Processing is necessary for compliance with a legal obligation to which we are subject;
Processing is necessary to protect the vital interests of you or of another natural person;
Processing is necessary for the performance of a task carried out in the public interest; and/or
Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by one’s privacy rights or where the data subject is a child.
You always have ultimate control over the information you receive from us. Note that some of your information may be shared with third party payment processors and credit card companies in order to process payment transactions and the delivery of our products and/or services to you.
Any information that we may reasonably provide to other trusted businesses in order to process business transactions you choose to have with us are always in accordance with our instructions and comply with the terms of this Privacy Policy and the confidentiality we promise to uphold on your behalf. For example, we may use a third party service provider for customer support purposes.
We will never intentionally disclose any information regarding your personal identification to any third party without your consent. If you choose to provide us with such information, you agree to receive information, products, or services from this website.
If at any time you wish to opt-out, or unsubscribe, you may do so by clicking “unsubscribe” at the bottom of any email you receive from us, or by notifying the Business directly. See our contact information below. Rest assured that you always have the ability to manage your contact information.
We will always ask for your permission before using any of your personal information for a purpose that has not been covered in this Privacy Policy.
Be advised that when you click and follow a link on this Website that takes you to another website, your interactions outside of this website are no longer protected by our Privacy Policy.
NOTE: We may share information that does not include a unique identifier and would not reasonably be considered “personal data” in that it does not include information that would allow anyone to identify you as an individual. For example, advertisers or outside services may use non-personal data to enhance the experience of a visitor to their websites.
Disclosures of your personal data
THIRD PARTY ANALYTICS SERVICE PROVIDERS
As indicated above, this Website may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of the Website and viewing of content on the Site.
Third party analytics service providers may use cookies to track certain behavioral usage information regarding users of your computer through use of their own tracking technologies. Third party cookies and other tracking technologies are not controlled by us, even if they use our technology to store or collect data. This Privacy Policy does not apply to the methods for collecting information used by third party analytics service providers or the use of the information that such third party analytics service providers collect. Note that the relevant third party analytics service providers’ terms of use, privacy policies, permissions, notices and choices should be reviewed by you regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party analytics service providers.
This 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.
GOOGLE ANALYTICS
We use Google Analytics to gather data that allows us to understand how our website and the services we offer are being used, and to improve both our website visitor and client experiences.
OPTING OUT OF GOOGLE ANALYTICS TRACKING
You can install the Google Analytics Opt-out Browser Add-on by clicking here.
You can also opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
We strictly abide by Facebook’s Data Use Restrictions when advertising on Facebook.
We may have to share your personal data with the parties set out below:
• Employees, freelancers and service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers
• Government bodies that require us to report processing activities.
• Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Your information, whether public or private, will not be sold, exchanged, transferred, or otherwise given to any other company or third party for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service, or as described herein.
DATA COLLECTION TECHNOLOGIES WE USE
We may use various technologies to collect and store information, including cookies, (text files placed on your hard drive by our server to store information about the way you use our Site so that it can recall that information in order to personalize your next visit).
Certain features of our Site may depend on cookies to function. These Cookies are deemed to be “strictly necessary” under the most stringent privacy laws, including the European Union’s GDPR (see below).
You may also restrict your internet browser’s use of cookies. 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 may also choose to delete cookies at any time however you will likely lose any information that enables you to access our Site more quickly and efficiently.
DATA OBTAINED FROM THIRD PARTIES
We follow what are considered generally accepted industry standards to protect the personal data submitted to us, however no method of transmission or electronic storage can ever be 100% secure. For this reason we cannot guarantee the absolute security of such data.
The Business may obtain data indirectly from third parties such as social networks and other public sources, including public databases.
The transmission of any sensitive information (such as credit card number) you provide to us on order forms that are hosted by third party service providers is encrypted using secure socket layer technology (SSL).
International Transfers
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
- We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
- Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Data Security
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions, and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
Data Retention
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.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
DISCLOSURE EXCEPTIONS
This website will disclose your personal information, without notice, but only if:
It is required to do so by law;
As required by service of process;
To defend our rights and property;
To protect the personal safety of visitors to this website.
Your Legal Rights
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
UK: https://www.gov.uk/data-protection
If you wish to exercise any of the rights set out above, please email us at upcycledhealth@gmail.com
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 or 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.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (DPC), the Irish supervisory authority for data protection issues. We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
CHILDREN: MINIMUM AGE REQUIREMENT
This website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the Internet.
This website is intended for persons eighteen (18) years of age or older. However, per COPPA rules, anyone under the age of thirteen (13) must seek the permission of a parent or guardian before using this website.
Furthermore, this website will not knowingly contact or collect personal information from anyone under 13, and does not intend to solicit information of any kind from persons under the age of 13.
WHEN THIS PRIVACY POLICY DOESN’T APPLY
This Privacy Policy does not apply to third parties that may advertise our services or to companies who may link to this Website. Neither does it apply to websites to which we may include links in our informational materials and in our services.
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 this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
Downloads or Media Files
Any downloadable documents, files or media made available via this website or email, are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available, users are advised to verify their authenticity using third party anti-virus software or similar applications.
Use of Identifiable Images
While it benefits Upcycled Health as a business to be able to show new, regular and exemplary work via this site or corresponding social media channels, and/or to share these images with co-suppliers e.g. other coaches and trainers, venues, it is recognised that certain clients may benefit from limitations on this sharing.
Therefore customers / clients have the right to request any of the following: anonymised accompanying text; accompanying text to use initials of names only; online photograph samples showing unidentifiable images only; online photograph samples showing non-people images (details only); or to fully request no online images to be shared. In addition, customers / clients may request in writing that identifiable and commissioned images be erased from online sources at any future point in time. Any image data will be used appropriately and with consent (as outlined in the Terms and Conditions of your booking).
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or direct email using upcycledhealth@gmail.com.
POLICY CHANGES/REVISIONS
We reserve the right to change this Privacy Policy, without notice, at our discretion, by posting updates on this website. You are encouraged to revisit this page periodically in order to stay informed of any changes. The Privacy Policy posted at any time via this website shall be deemed to be the Privacy Policy then in effect.
It is incumbent upon you to make reasonable efforts to review our Site’s Privacy Policy from time to time so as to become aware of any changes, revisions, or modifications. However, we will not make any significant changes without providing you with reasonable and sufficient notice by email where possible. Should your privacy rights be affected in any way by changes to this Privacy Policy, you will be notified to obtain consent to such changes. We also indicate the date of the most recent updates to these terms.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Jennifer Clarke
www.upcycledhealth.com
upcycledhealth@gmail.com
Updated: 29/09/22
