LAST UPDATED MAY 2022; VERSION 3.1
This policy provides you with information about:
– how we use your data;
– what personal data we collect;
– how we ensure your privacy is maintained; and
– your legal rights relating to your personal data.
1. IMPORTANT INFORMATION AND WHO WE ARE
We will comply with data protection law. This includes General Data Protection Regulation 2018 (“GDPR”) and the Privacy in Electronic Communication Regulation (“PECR”). At the heart of data protection laws are the “data protection principles” which say that the personal information we hold about you must be:
- used lawfully, fairly and in a transparent way;
- collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- relevant to the purposes we have told you about and limited only to those purposes;
- accurate and kept up to date;
- kept only as long as necessary for the purposes we have told you about; and
- kept securely.
CONTROLLER AND PROCESSOR: Cognassist is both a controller and processor of your data, depending on our business interaction with you. Therefore, we are responsible for your personal data. We have appointed a data protection officer (“DPO”) 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 DPO using the details set out below.
- Full name of legal entity: Cognassist UK Limited
- Name of data protection officer: The Data Gym Limited
- Email address: email@example.com
- Postal address: Cognassist UK Limited, RMT Accountants & Business Advisers Ltd, Gosforth Park Avenue, Newcastle Upon Tyne, England, NE12 8EG
- Company registered in England under Company Number 12159846
- ICO registered under number – ZA584276
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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person 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 as follows:
- Identity Data includes username, first name, last name, date of birth and gender.
- Contact Data includes email address and telephone numbers, address.
- Technical Data includes internet protocol (“IP”) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, your education, your interests, preferences, 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 our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will 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.
We may collect information about your health under the classification of Special Category Data (Article 9, condition J). We do not collect any information about you that refers to details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.
This website/app is not intended for children under the ages of 16 years and we will comply with data protection law. This includes General Data Protection Regulation 2018 (“GDPR”) inclusive of The Children’s Code 2020 and the Privacy in Electronic Communication Regulation (“PECR”).
We do not knowingly collect data relating to children. If we are made aware that we have received information from anyone under the age of 16 or Special Categories of Personal Data, we will use reasonable efforts to locate and remove that information from our records.
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 goods or 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.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Third parties. We may receive personal data about you from various third parties as set out below:
- Provided by your learning institution or employer in order to partake in an online assessment for your neuro style
- Technical Data from analytics providers, such as Google Analytics
- Direct Interactions. You may give us your Identity, Contact, Profile and Marketing and Communications Data by filling in forms on our website. This includes but is not limited to personal data you provide when you:
- use our products or services
- create an account on our website or app
- request marketing to be sent to you
- give us feedback or contact us.
4. HOW WE USE YOUR PERSONAL DATA
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 perform the contract (online assessment) we are about to enter into or have entered into with you
- To produce reports and analysis on your assessments
- To deliver learning materials for you
- To anonymise results and analysis obtained from the assessments. Such anonymised data will be used for statistical and research purposes
- To share with your training provider, educational institution, employer or other such organisation
- To notify you about changes in our service
- 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
- Where you have provided us with explicit consent for electronic marketing communications
- Where we need to comply with a legal or regulatory obligation,
You have the right to withdraw consent to marketing at any time by contacting us at firstname.lastname@example.org.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
5. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
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 user||Identity, Contact, Technical, Usage, Marketing and Communications||Performance of a contract with you|
|To provide the Neurodiversity and other assessments||Identity, Technical, Usage||Performance of a contract with you|
|To provide Personalised Learning Plans or recommendations||Identity, Technical, Usage||Performance of a contract with you|
|To deliver relevant emails or texts, website content and/or advertisements. Measure and understand the effectiveness of these campaigns||Identity, Contact, Technical, Profile, Usage, Marketing and Communications||Electronic Communications delivered when you have provided consent.
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 manage our relationship with you which will include:
– Access changes and notifications
|Identity, Contact, Technical, Profile, Usage, Marketing and Communications||Performance of a contract with you.
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer our business, applications and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||Identity, Contact, Technical||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)
Necessary to comply with a legal obligation to be audited by Government auditors
|To use data analytics to improve our website, products/ services, marketing, customer relationships and experiences||Identity, Technical, Profile, Usage||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|Personalisation of our site and email experience||Identity, Contact, Technical, Profile, Usage, Marketing and Communications||We will always gain consent for use of your email or SMS data for electronic communications.
Legitimate interest for processing data for improvement of customer experience.
|Third Party use of data||Identity, Profile, Technical, Usage||Necessary for our legitimate interests (to maintain our business and provide additional relevant services to our customers).
We will always gain consent for use of your email or SMS data by third parties for electronic communications
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROVISION OF ONLINE ASSESSMENTS
The provision of your data includes access to our online self-assessment for your learning style. The results of this will provide you and your educational/employment facility to support your work with them.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time. Please contact us at email@example.com.
THIRD PARTY MARKETING AND DATA PROCESSING
We will get your express opt-in consent before we share your personal data with any company outside Cognassist for electronic marketing purposes.
In order to provide our services and products we sometimes have to pass your data to third party organisations within the Legal Basis as defined above, these include:
- Email service providers – Salesforce Marketing Cloud, Sendinblue, Microsoft 365 – they send the emails from us to you – both marketing emails and those helping you manage your account and notifications.
- SMS service provider – Text Marketing – if you’ve opted in for SMS messages, this is the service we use to send them.
- Survey and quiz tools – SurveyMonkey, Microsoft Forms – we use these to enable you to partake in surveys and quizzes and help us gather feedback.
- Data analysis service providers – Google Analytics, Salesforce DMP, Hubspot – we use these to collect data on site visitors and pageviews to understand and improve our websites and the services we offer you.
- Website maintenance tools – WordPress, Yoast, Wordfence – we use to administer and protect our websites.
- Hosting service providers – Microsoft Azure, Nimbus Hosting – they host our websites and data.
- Ad serving providers – we use these services to deliver relevant advertising to you on our sites and elsewhere and understand the effectiveness of the adverts.
- Professional advisers – including lawyers, bankers, auditors and insurers who provide consultancy, legal, insurance and accounting services. Based in the United Kingdom.
- HM Revenue & Customs, regulators and other authorities – who require reporting of processing activities in certain circumstances. Based in the United Kingdom.
- Education Department and associated auditing organisations – Who will audit our provision of services from time to time.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it and other compatible purposes. If you wish to get further information on other compatible purposes, 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.
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.
Cognassist may on occasion need to transfer data and processing to a non EEA country in order to utilise digital tools. Cognassist commit to uphold GDPR Clause 45.2(b) and ensure that any such use of these tools is only done under binding contractual terms or GDPR equivalent terms to ensure the security of data as required by GDPR.
6. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table above.
- Internal Third Parties
- External Third Parties
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 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.
7. DATA SECURITY
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. In addition, we limit access to your personal data to those employees, agents, contractors 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.
If you are using a computer or other device to access the website or app in a public location we recommend that you always log out and close the website browser down when you complete an online session for your security.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
If you wish to have further information on your data, please contact our Customer Support Team.In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are:
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.
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org
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 could 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 could 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.
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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.