Dr Sally Ann Law, Personal and Executive Coach
The processing of any personal data, such as the name, address, e-mail address, or telephone number of a client or prospective client will always be in line with the guidelines set out in the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to my business. As a result of being GDPR compliant, I can assure my clients and prospective clients that their rights to protection are upheld.
I have undertaken many technical and organizational measures to ensure the most complete protection of personal data as possible, however, any internet-based data sharing may in principle incur security gaps, so absolute protection may not be guaranteed. For this reason, every client is able to contact me via alternative means, e.g. telephone, if they prefer. My telephone number is listed on my website.
The data protection declaration of my website is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The data protection declaration ought to be legible and understandable to the general public, as well as to my clients and prospective clients. To ensure this, here is an explanation of terminology used:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject/client/prospective client” – hereafter referred to as “data subject” only). An identifiable natural person is one who can be identified, directly or indirectly, in particular by, for example, name, identification number, location data, online identifier or to one or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the person responsible for the website.
Processing is any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, organising, structuring, storing, adapting/altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Anonymisation refers to processing personal data in such a manner that nothing can be attributed to a specific individual without the use of additional information, and further provided that any such additional information is kept separately and is also subject to technical and organisational measures to ensure that those data are not attributable to an identified or identifiable natural person either.
g) Controller or controller responsible for the processing
Controller or controller responsible for data processing is the person who is responsible for the business and the website. More expansively put, the term refers to the natural or legal person, public authority, agency or other body which, alone or jointly with others, who determines how personal data are gathered, used and stored. In the case of my business, it is me, Dr Sally Ann Law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. In my case, there is no such person in that role.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. In the case of my business, there are no persons in this role.
Consent of the data subject refers to any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, through a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Contact details of the controller
The controller for the purposes of the General Data Protection Regulation (GDPR) and other data protection laws applicable in Member states of the European Union and other provisions related to data protection is me, Dr. Sally Ann Law:
3. Collection of general data and information
My website (https://www.sallyannlaw-lifecoach.co.uk/) collects a series of general data and information when a data subject interacts with the website. This data and information are stored in the server log files. Examples of what might be collected include: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, I do not draw any conclusions about the person accessing the website. Rather, this information is needed to (1) deliver the content of my website correctly, (2) optimize the content of my website, (3) ensure the long-term viability of the information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the website only analyses anonymously collected data and information statistically in order to safeguard security and to ensure an optimal level of protection for the personal data processed. The anonymous data of the server log files are stored separately from all personal data provided by any given person.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
Once there is no longer a business need to store the date, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any company employee, should I ever employ another person which I don’t plan to.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time as well as a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
· Reasons for the data processing
· Categories of personal data concerned
· Recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
· Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
· The right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
· The right to lodge a complaint with a supervisory authority
· The right to know whether any additional data are collected about a data subject, and from which sources
· The knowledge of the existence of any automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
· The right to obtain know whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact me or any company employee, should I ever employ another person which I don’t plan to.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data modified, either by providing a supplementary statement or other explanatory information. Again, if a data subject wishes to exercise this right to rectification, he or she may, at any time, contact me or any company employee, should I ever employ another person which I don’t plan to.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to request the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, (assuming it is no longer needed by me for business-related purposes):
· The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
· The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing
· The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR
· The personal data have been unlawfully processed
· The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
· The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR
If one of the aforementioned conditions applies, and a data subject wishes to request the erasure of personal data stored by me, Dr. Sally Ann Law, he or she may, at any time, contact me or any company employee. I or that employee shall ensure that the erasure request is complied with immediately.
Although this is extremely unlikely ever to be the case, where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
· The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
· The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use
· The controller no longer needs the personal data, but they are required by the data subject for the establishment, exercise or defence of legal claims
· The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject
In the case of one of the afore-mentioned conditions, and a data subject wishes to request the restriction of the processing of personal data stored me, he or she may contact me at any time.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of mine – should such a person ever exist.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
In that case, I shall no longer process the personal data in the event of the objection, unless I can demonstrate compelling legitimate grounds which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
I also assert I will never use personal data for direct marketing purposes, but in the extremely unlikely event that I should ever do so; the data subject shall have the right to object at any time. If the data subject objects, I would cease to use their personal data immediately for these purposes.
Furthermore, the data subject has the right, on grounds relating to his or her particular situation, to object to my use of personal data concerning him or her for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact me or any employee of mine. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, I shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Dr. Sally Ann Law.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may contact me at any time.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning my services. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a client were injured while visiting for a session and his/her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. fGDPR, (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. fGDPR my overriding interest is to carry out my work in favour of the well-being of all our employees and the shareholders – should these people ever exist.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
9. I clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract in which the data subject has provided me with personal data and which must subsequently be processed by me. The data subject is, for example, obliged to provide me with personal data when my company signs a contract with him or her or his or her company. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.