PRIVACY POLICY

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors, service users and customers.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection and use of your personal data for that purpose.

1.4 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5 In this policy, "we", "us" and "our" refer to The Swish Mind Ltd.

2. The personal data that we collect

2.1 In this Section 2 we have set out the general categories of personal data that we process.

2.2 We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer.

2.3 We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.

2.4 We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.5 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Squarespace Analytics.

2.6 Please do not supply any other person's personal data to us, unless we prompt you to do so.

3. Purposes of processing and legal bases

3.1 In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2 Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.3 Relationships and communications - We may process contact data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users and customers, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.

3.4 Personalisation - We may process usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is consent OR our legitimate interests, namely offering the best possible experience for our website visitors and service users OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.5 Direct marketing - We may process contact data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent OR our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.6 Research and analysis - We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent OR our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.7 Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.8 Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.9 Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.10 Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.11 Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

4. Providing your personal data to others

4.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

4.2 Your personal data held in our website database will be stored on the servers of our hosting services providers www.squarespace.com & www.feacreate.com

4.3 We may disclose your personal data to our suppliers, partners or subcontractors insofar as reasonably necessary for proper administration of our website, services and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

4.4 Financial transactions relating to our website and services are OR may be handled by our payment services providers, www.stripe.com. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at www.stripe.com.

4.5 We may disclose contact data along with any other personal data contained in enquiries made through our website or services to one or more of those selected third party suppliers of goods and/or services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the personal data that we supply to it; and upon contacting you, each such third party will make available to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. Retaining and deleting personal data

5.1 This Section 5 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 Given those purposes it is not possible for us to definitively specify in advance the periods for which your personal data will be retained, however we will determine the period of retention based on 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 the applicable legal requirements.

5.4 In most cases, this means we will keep your information for as long as you continue to use our services having expressed interest in them and provided the associated permissions, and for a reasonable period of time afterwards if you stop doing so. After that we will delete it other than where we lawfully can keep any data for audit or legal reasons.

5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Security of personal data

6.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

6.2 The Swish Mind Ltd cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

7. Your rights

7.1 In this Section 7, we have listed the rights that you have under data protection law.

7.2 Your principal rights under data protection law are: (a) the right to access - you can ask for copies of your personal data; (b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data; (c) the right to erasure - you can ask us to erase your personal data; (d) the right to restrict processing - you can ask us to restrict the processing of your personal data; (e) the right to object to processing - you can object to the processing of your personal data; (f) the right to data portability - you can ask that we transfer your personal data to another organisation or to you; (g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and (h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

7.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting [https://edpb.europa.eu/our-work-tools/general-guidance/gdpr-guidelines-recommendations-best-practices_en and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/].

7.4 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.

8. Third party websites

8.1 Our website includes hyperlinks to, and details of, third party websites.

8.2 In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.

9. Personal data of children

9.1 Our website and services are targeted at persons over the age of 18.

9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

10. Updating information

10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

11. About cookies

11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

11.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

11.3 Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

12. Cookies that we use

12.1 Our website provider, www.squarespace.com / www.feacreate.com uses certain cookies on our site in order to ensure the site runs effectively and provides as higher quality of user experience as possible. In addition to these functional and required cookies some analytics and performance cookies cookies are used for the provision of site wide analytics.

12.2 Which of these cookies are deployed at a given time depends upon the functionality and level of analytics activated on the site.

13. Managing cookies

13.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links: (a) https://support.google.com/chrome/answer/95647 (Chrome); (b) https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox); (c) https://help.opera.com/en/latest/security-and-privacy/ (Opera); (d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer); (e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and (f) https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).

13.2 Blocking all cookies will have a negative impact upon the usability of many websites.

13.3 If you block cookies, you may not be able to use all the features on our website.

14. Amendments

14.1 We may update this policy from time to time by publishing a new version on our website.

14.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

15. Our details

15.1 This website is owned and operated by The Swish Mind Ltd.

15.2 We are incorporated and registered in England and Wales under registration number 13510635 and our registered office is at 7 Bell Yard, London, WC2A 2JR

15.3 You can contact us by using the contact details provided on our website.

16. Data protection registration

16.1 We are registered with the UK Information Commissioner's Office.

16.2 Our data protection registration number is ZB273903.