The term “Heather Burns Yoga”, ‘us’ or ‘we’ refers to the owner of the website . The term ‘you’ refers to the user or viewer of our website.
The Data Controller of this website is Heather Burns You can contact us by Heatherburnsyoga@gmail.com
- The content of the pages of this website is for your general information and use only. It issubject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy,timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland.
- Please consult your doctor prior to engaging in any exercise program.
- Please note that due to European law, specifically the General Data Protection Regulation(GDPR), requires us to ask you to accept our Terms and Conditions (and thereby also our Privacy Notice) PRIOR to any information being captured by us that you may provide to us. For Heather Burns Yoga this is when you Book into class via MindBody.
These Terms are effective from 25th May 2018
Heather Burns Yoga is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Heather Burns Yoga may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25th May 2018.
2. EU General Data Protection Regulation (GDPR)
The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/ EC and was designed to harmonise data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organisations across the region approach data privacy.
The key articles of the GDPR, as well as information on its business impact, can be found on the dedicated site by clicking here (opens in new window). The GPPR becomes law in Europe on the 25th May, 2018
The GDPR is laid out in 11 Chapters, the relevant ones to you are :-• Chapter 2 – Principles
• Chapter 3 – Your Rights (Rights of the Data Subject)
Note that third party services that we integrate to MindBody & Mailchimp may directly provide GDPR opt-in details on forms that they embed on our website when collecting information that they need. You should check these third party privacy policies and terms and conditions where these appear before providing your information to them.
3. GDPR Chapter 2: Principles
This chapter covers some basic things about the GDPR that you should know and that we need to adhere to.
The GDPR covers the protection of EU citizens regardless of where this data is stored or processed. No matter where a website is located, if it is intending to process data for EU citizens it must conform to the GDPR regulations.
In protecting EU citizens data the GDPR looks to the following principles regarding your data :-“Data is specified, explicit and legitimate”. When we ask you for your data we are required to tell you what it is for in terms that specify exactly what it is we need, why we need it and that when we explain this it is written out in clear and understandable terms.
The 5 main principles the GDPR adds are as follows:
- Data Minimisation
the data we ask you to provide us should only be relevant to what we need it for
- Storage Limitation
your data should be with us for no longer than is necessary for us to process it. We are no longer allowed to maintain your records indefinitely (unless we are required to do so by State law). This is a risk limitation strategy introduced to
protect your data from potentially falling in to the wrong hands.
- Integrity and Confidentiality
Any processing we do on your data must be of a lawful nature and we must prevent against “accidental loss, destruction or damage”. Your data is exactly that – your data! And as such we should treat it with the same respect as if we were dealing with you yourself.
Essentially this means that we as an organisation need to be able to show that we have in place processes that adhere to the above earlier 4 principles.
3.3. Lawfulness of Processing
This article essentially lays out that we have to ask you for your consent to process your data, that the processes we’re going to put that data through is relevant to our activity of providing the services we have for you and that there’s a real need for the data collection in order for us to proceed.
3.4. Conditions for Consent
This is one of the more important articles that you should be aware of. There are 3 main parts to it as follows :-
- We are required to … “demonstrate that the data subject has consented to processing of his or her personal data”. You have to actively agree to us processing your data
- Any form we present to you requires to be … “clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language”.
- You … “will have the right to withdraw [your] consent at any time. It will be as easy to withdraw as to give consent”.
3.5. Conditions Applicable to Child’s Consent
There are very specific GDPR rules governing data capture for children. At this point and going forward we’re not going to ask for any children data. As such this means that only adults, who can give their data willingly, will be allowed access to our site. You’ll see a checkbox asking you to confirm this on sign-up. The GDPR lays out that a child is “below the age of 16 years”. So you must be 16 years old or over to access our site.
the data is to be “accurate”. For example, if you change your address, you move home, and you tell us this then we are required by law to update our records where we have them to reflect this change
3.6. Processing Special Categories
The “Special Categories” cover data which reveals any of the following :-• racial or ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetic or biometric data concerning health• details of sex life or sexual orientation
We must have your consent before acquiring any of the above types of data.
4. GDPR Chapter 3: Your Rights
This chapter covers your rights under the GDPR. We’ll highlight the bits that we are required to and bits we think you should know
4.1. Transparent Information, Communication and Modalities
The GDPR allows you to request information about your data from us. It lays out regulations on what we are required to do when fulfilling this. Where you ask us we are required to provide :-
- data “in a concise, transparent, intelligible and easily accessible form, using clear and plain
- data “orally” where we’ve previously identified you
- information on “any action taken on a request”. We need to keep you informed
- the information “free of charge”. It’s free unless your request is deemed to be excessive
- So you can ask us what you need to know and we should reply in a fair and honest way
without trying to dupe you with legalese. That seems pretty reasonable to us.
4.2. Information to be Provided
Here’s what we need to tell you when we ask you directly for any of your information:-
- contact details of the controller
H Burns G33 1SD
- contact details of the data protection officer
Heather Burns G33 1SD
- the purposes of the processing
To book Students into classes
We collect Names, Email address and confirmation of Health being suitable to join class
- the legitimate interests pursued by the controller
To facilitate the safe running of yoga classes.
We use Google Analytics (data held by Google) to track which pages receive regular visits. This helps us work out what members of our site are interested in so we can provide more
of this to you. One note on Analytics. Google aggregates data and the lowest level of granularity we can ever get to is down to the City level. The data they present can never be used to individuals identify you. It may tells us how many people have visited us from London, say
- the recipients or categories of recipients of the personal data
We make use of the following services internally – Mailchimp & Mindbody
- if we “intend to transfer personal data to a third country or international organisation”
There is no intention to share data
We are also required to tell you :-
• the period for which the personal data will be stored
We hold data for 4 years , Students have the right to delete accounts at any time.
that you have the right to
- request access
ie that you can see the data we have on you by signing into your own mindbody account,
- rectification or erasure of personal data
ie that you want your data changed or deleted entirely by signing into your own mindbody account,
- restriction of processing
this covers the situation where you or another party (say a local authority) require us to stop processing your data but request that it is not deleted. For example, the local authority may ask us to prevent you from further accessing the site but require us to keep you data as is whilst they perform any investigation. We’re legally obliged to do as they request.
- object to processing
this covers the ‘right to be forgotten’. For example, say you become married and your change in circumstances now also impacts your willingness to continue to allow us to process your information (you may not wish us to process your new details). This right allows you to change or remove your consent previously given to us.
- data portability
if you request information from us we’re obliged to give it to you in a machine readable format (encrypted). You may also request us to send this information to a supervising authority of your choosing.
- withdraw consent at any time
we’ve covered this above but if you change your mind about your consent at any time just let us know and we’ll be happy to address that for you by signing into your own mindbody account, and managing settings
- lodge a complaint with a supervisory authority
if we fail to act on our best interest, or provide you with the information you are requesting
you can of course take recourse elsewhere. We’re hopefully this will never happen. whether
- the provision of personal data is a “statutory or contractual requirement, or a requirement necessary to enter into a contract”
- you are “obliged to provide the personal data and of the possible consequences of failure to provide such data”
- the “existence of automated decision-making, including profiling”
4.3. Right to Rectification
Where there are omissions in the data we hold you have the following two rights :-
• “inaccurate data corrected”
• “incomplete personal data completed”
If you see any data we hold on you falls into one of the categories above, and this can’t be corrected with the access you currently have, then please by signing into your own mindbody account, and managing settings
4.4. Right to be Forgotten
Article 17 calls this ‘Erasure”. No, not the 1980’s pop group – you’re right to have your data removed from our systems. We can do this where :-
- “Retention of personal data is no longer necessary” for the processing we told you we
would carry out on it
- you specifically :-
- “withdraw consent” – see above
- “object to processing” – see above
- your data has been “unlawfully processed”
- your data has to be “erased as part of a legal obligation”
Note that as data stored by Google Analytics is deliberately obscured (obfuscated), and as such can’t be used to identify you, Google will not be able to remove any previously suppled data that your activity on our site contributed to
4.5. Right to Restriction
We’ve covered some of this before but GDPR details more specific information here in Article 18. Under this article you have the right to request restriction of processing where :-
- “data accuracy is contested”
- you oppose the “erasure [of data] and request restriction instead”
- we “no longer need the data for intended purpose”
- you “object to being processed by automated decision making”
We’ll store your data when you request us to restrict it and will tell you if this restriction is going to be lifted if restriction has be previously requested for legal reasons.
To request restriction of your data please email firstname.lastname@example.org
4.6. Right to Object
There’s a couple of specific clauses we’re obliged to tell you about. Here they are.
- You have the right to object to processing of personal data for “direct marketing including
profiling related to direct marketing”
- Where you object your “personal data will no longer be processed for direct marketing”
- You will be told of your “right to object to processing”. Please consider us doing that here
To object to your data being stored or processed please email email@example.com
5. What We Collect
We may collect the following information:
• Name, Email, telephone number, Emergency contact ( if Supplied)
Note that GDPR requires that we only collect information that is relevant to the processing we are intending to run on the data you provide us. We are also required to have your consent prior to collection of any processing. Please see the GDPR sections above for full information on this