We are a “data controller” for the purposes of data protection legislation. This means that we are responsible for deciding how we hold and use personal information about you.
Our site is not intended for children and we do not knowingly collect data relating to children.2. Who we are and how to contact us
Our site is operated by Exceptional Achievement Limited. We are a limited company registered in England and Wales under company number 4410446 and have our registered address at 40 Kimbolton Road, Bedford, England, MK40 2NR.3. 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 below.
When you use our site, we may collect the following information about you:
- Identity and contact data – name, username (for accessing the My Account facility on our site), address, email address, telephone number, country of residence
- Technical data – internet protocol (IP) address, 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 our site
- Usage data – information about how often you visit our site and how you navigate our site
- Profile data – your username and password (for accessing the My Account facility on our site) and details of the annual licence you have purchased, your preferences, feedback, survey responses and other communications with us
We may also collect the following information from Clients:
- Transaction and financial data – we may capture details about payments to and from you and your bank account and payment card details in connection with payment for your annual licence
- My Account data – data you submit to or store on My Account, including your reactions, experience, feedback, scores, your responses to coaching questions, and your plan for future development
- Direct interactions
The majority of the personal data we hold about you is collected when you correspond or interact with us directly via our site, by post, telephone, email or otherwise.
This includes personal data you provide when you make an enquiry, sign up for a free trial of our services, or purchase an annual licence (as a Client); provide us with feedback; or input or upload information to the My Account facility on our site (as a Client).
- Automated technologies or interactions
When you interact with our site, our systems may automatically collect Technical data and Usage data (described above) about your equipment, browsing actions and patterns. We may collect this personal data by using cookies server logs and other similar technologies. Please see our Cookies Policy [https://memycoach.com/legal/cookies.asp] and section 9 below for further details.
- Third parties
We may also receive personal data about you from various third parties set out below, such as providers of payment services, and Usage data from analytics providers, such as Google Analytics.5. How and why we use personal data
We will only collect and process your personal information where we have a legal basis to do so. The legal basis will vary depending on the manner and purpose for which we are collecting your personal information. Most commonly, we will use your personal data in the following circumstances:
- 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;
- Where we have your consent to do so;
- 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 it is necessary to comply with a legal obligation;
- Where it is necessary for the establishment, exercise or defence of legal claims or proceedings.
If you are a Client, we may need to process certain personal information about you in order to perform the contract between us, such as Identity and contact data, Profile data, Transaction and financial data and My Account data (all as described above) for the purpose of setting up and providing you with our professional development tools for which you have purchased an annual licence and providing services to you via the My Account facility on our site.
We may also have a legitimate interest in processing your personal data for our own business purposes, including (without limitation):
- To set up, manage access to, and maintain security of, your online account (via My Account);
- To respond to an enquiry from you submitted to us via our site, post, email and telephone;
- To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
- To use data analytics to improve our website, services, customer relationships and experiences;
- To provide and improve our services to you, including asking Clients to participate in surveys and reviews.
- To promote our services, including sending details of any new products and services which may be of interest to you by email (as explained in section 6 below).
We may also process personal data to fulfil our legal, regulatory and risk management obligations, including for the purpose of establishing, exercising or defending 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 require further detail about the specific legal ground we are relying on to process your personal data.6. Marketing
We may from time to time send you marketing communications by email if you have consented to receive marketing communications from us.
You can ask us to stop sending you marketing communications at any time, by:
- clicking on the unsubscribe link in the footer of any marketing email from us;
- contacting us at [email@example.com].
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish 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.
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.8. If you fail to provide personal data
Where we need to collect personal data from you in order to comply with our legal obligations or to perform a contract we have with you and you fail to provide that data when requested, we may not be able to perform the relevant contract (for example, to provide you with services for which you have purchased an annual licence). In this case, we may have to cancel the relevant contract.9. Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. For more information about the cookies we use and the reasons why we use them, please see our Cookies Policy [https://memycoach.com/legal/cookies.asp].10. Who we disclose personal data to
We may share your personal data with third parties, including third party service providers who provide the following services to us:
- Third party IT and software providers (including third party hosting providers and providers of IT support);
- Payment services;
- Analytics services.
Where these third parties process personal data on our behalf, they will only be permitted to process your personal data for specified purposes and, where they are processing personal data on our behalf, in accordance with our instructions.
We may also disclose personal data:
- to HMRC, or to otherwise comply with the law;
- to our lawyers, and other professional advisors and insurers.
We may also share your personal data with third parties, in the context of a possible sale of some or all of, or a restructuring of, the business.
We will not transfer your data to countries outside of the European Economic Area.11. Links to third party websites
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 will be subject to a duty of confidentiality.13. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. If you are a Client, we will notify you before the expiry of your annual licence to remind you that your annual licence is coming to an end. Please note that we will delete your personal data and files saved to My Account following the expiry of your annual licence if you choose not to renew it. It is your responsibility to keep copies of all information and files which you have inputted or uploaded to My Account, and you may take copies of or download any of your information or files saved in My Account at any time during your annual licence.
We may be entitled to retain your personal data for a longer period where we are under a legal or regulatory obligation to do so. We will also need to keep a record of your contact details if you have opted-out of receiving marketing communications from us to ensure we do not send these to you in future.
In some circumstances we may anonymise your personal data and process it for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.14. Your rights in respect of your personal data
You have the following rights in respect of the personal data that we process about you (where we determine the purpose and means for which that personal data shall be processed):
- the right to request access to the personal data we hold about you and certain information about how we process it (commonly known as a “data subject access request”);
- you may have the right in accordance with applicable data protection law to have personal data we hold about you rectified or restricted;
- you may, in some circumstances, have the right to have personal data we hold about you deleted (although note that we may not always be able to comply with such a request for specific legal reasons which will be notified to you, if applicable, at the time of your request);
- in some circumstances, you may have the right to receive or ask for your personal data to be transferred to a third party;
- you have the right to object to how we process your personal data in certain circumstances, including the right to ask us not to process your personal data for marketing purposes;
- where we are processing personal data relating to you on the basis that we have your consent to do so, you may withdraw your consent at any time (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.
If you wish to exercise any of the rights set out above in respect of your personal data, please contact us by email at [firstname.lastname@example.org].
We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above.
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 do contact us in the first instance and we shall endeavour to resolve your complaint.15. Your duty to inform us of changes
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.16. Contact us