22 Feb 2022
Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data.
UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of Personal Data and on the free movement of such data as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act of 2018.
2. Who we are
Here are the details that the UK General Data Protection Regulation (2021) says we have to give you as a ‘data controller’:
● Our site addresses are www.psyt.co.uk and getrebalanced.com
● Our company name is PSYT Limited
● Our registered address is 71-75 Shelton Street Covent Garden London WC2H 9JQ
● Our nominated representative is Linda Shaw and they can be contacted at email@example.com.
3. What we may collect
We may collect and process the following data about you from our sites:
● Information you put into forms or surveys on our sites or apps at any time
● A record of any correspondence between us
● Details of your visits to our sites and the resources you use
● Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration
We may collect and process the following data from you on our apps:
● Information you put into forms or surveys on our apps at any time (including your responses to our wellbeing and productivity surveys and sensor data provided by your device, such as pedometer data or location data)
● Details of your visits to our apps and the resources you use
● Information about your device (e.g. your IP address, browser, operating system, etc.) for system administration
● Username and password for use of the app (in the case of the me@mybest app, this is not linked to any data provided)
The data we collect from users of our me@mybest app is sent back anonymously and securely to our data store and does not contain any data which relates to an identifiable person. As such, we do not believe the UK GDPR applies to this data.
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.
Our cookies will be used for:
Essential session management
● creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
● recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
● recognising if a visitor to the site is registered with us in any way;
● we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.
● customising elements of the promotional layout and/or content of the pages of the site.
Performance and measurement
● collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.
5. How we use what we collect
In relation to data collected via our site we may use information about you to:
● Present site content effectively to you.
● Provide information, products and services that you request, or (with your consent) which we think may interest you.
● Carry out our contracts with you.
● Allow you to use our interactive services if you want to.
● Tell you our charges.
If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
If you are a new customer, you will only be contacted if you agree to it.
In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at firstname.lastname@example.org, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.
Data may not be fully deleted from our systems until the expiry of backup archives, which may take an additional 35 days after the initial deletion.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data in these cases.
In relation data collected from users of our apps we may use information about you:
● to provide you with personalised feedback via your device;
● indefinitely on an anonymised basis for the purposes of benchmarking, research (including academic research) and development, including to help us make our services more relevant and useful;
● indefinitely on an anonymised and aggregated basis in our marketing materials (for example to show the percentage of people who report increased wellbeing through using an app);
● to troubleshoot problems with the service provided via the app and fix any bugs or errors; and
● in the case of the me@mybest app, to create anonymised and aggregated data which we disclose to your employer (on a dashboard which is made available via a secure authenticated channel) in order to provide insight for HR and management purposes (including to facilitate your employer improving working conditions and practices).
6. Where we store your data
We store your data according to the nature of the data and where it was collected:
me@mybest, EmoTrak, NEU relationships, and any other app not listed below
We transfer your anonymised data collected via these apps for storage on a platform that we manage which is hosted in the European Economic Area (EEA) by Amazon Web Services (https://aws.amazon.com/). If you access the me@mybest app outside of the EEA, you consent to the transfer of your data to the EEA. Data may be transferred and analysed by us within the United Kingdom.
qwantify, IASLstudy, moo-Q, and WeSense apps
We transfer your anonymised data collected via these apps for storage on a platform that we manage which is hosted in the United States by Heroku (https://www.heroku.com/). If you access one of these apps outside of the United States, you consent to the transfer of your data to the United States. Data may be transferred and analysed by us within the United Kingdom, and by the researchers behind these apps according to your agreement with them.
Rebalance with Mindfulness app
Email addresses and related data
By giving us your personal data, you agree to these arrangements. We will do what we reasonably can to keep your data secure. We are ISO27001:2013 certified for our Information Security Management System.
Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.
We only keep your personal data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. Anonymised data may be retained indefinitely as described in section 5. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
● If we want to sell our business, or our company, we can disclose it to the potential buyer.
● We can disclose it to other businesses in our group.
● We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
● We can exchange information with others to protect against fraud or credit risks.
We may contract with third parties to supply services to you on our behalf. These may include website hosting, website and app analytics, payment processing, search engine facilities and marketing. In some cases, the third parties may require access to some or all of your data. Third parties that have access to your information may include:
● Squarespace (https://www.squarespace.com/)
● Google Analytics (https://analytics.google.com/)
● Fabric, Crashlytics (https://get.fabric.io/)
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handed safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
8. Your rights
You can ask us not to use your data for marketing. You can do this by (un)ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com.
Under the UK GDPR, you have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
9. Links to other sites
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. 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.
11. Automated decision-making and profiling
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under UK GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
12. Dispute resolution
12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
12.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
12.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
12.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
Appendix IPO Certificate