Privacy Policy

Policy version: Insert Version Number and Date

1 Introduction

This Privacy Policy is provided by ALEKSANDRA FILIPOVIC LTD, (trading as ‘The H.E.A.L. Clinic’) a company registered in England and Wales under company number: 09781652) (‘we’, ‘our’ or ‘us’) for use of our website, being https://www.thehealclinic.com/ (Website).

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why we collect, store, use and share any information relating to you (your personal data).

It also explains your rights in relation to your personal data and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your personal data is regulated by law, including under the UK General Data Protection Regulation (UK GDPR).

We are the controller of personal data obtained via the Website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

2 What this policy applies to

This privacy policy relates to your use of the Website and accessing the services provided through the Website.

The Website may link to or rely on other apps, websites, APIs or services owned and operated by us or by certain trusted third parties, including payment processing services provided by Stripe and PayPal, to enable us to provide you with the services through the Website. These other apps, websites, APIs or services may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other apps, websites or services, please consult their privacy policies as appropriate. For more information see the section ‘Who we share your personal data with’ below.

3 Personal data we collect about you

The personal data we collect about you depends on the particular activities carried out through the Website and the services you request. We will collect and use the following personal data about you through our Website, client questionnaires, and service agreements:

Category of data

In more detail

Data collected when you use specific functions in the Website

Data you store online with us using the Website including your usage history (while such data may not always be personal data as defined at law in all cases, we will assume it is and treat it in accordance with this policy as if it were)

Other data the Website collects automatically when you use it

· Your activities on, and use of, the Website which reveal your preferences, interests or manner of use of the Website and the times of use

· Tracking information such as IP Address, Cookies, User Agent, Device Fingerprinting (which includes MAC address), Session IDs, Referral URLs, Tracking Pixels and Scripts Geolocation Data

Data collected when you make an enquiry with us

Your name, email address, age, location, medical conditions, treatment history, and other health-related information provided through our questionnaires and consultations

Marketing and communications data

Your preferences in receiving marketing emails from us and our third parties and your communication preferences

We also collect, use and share aggregated and anonymised data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. When aggregating health-related data, we apply additional anonymisation techniques to ensure that sensitive information cannot be linked back to individuals. For example, we may aggregate individuals’ usage data (including information about how users interact with and use the Website and products and services offered through the Website) to calculate the percentage of users accessing a specific feature of the Website in order to analyse general trends in how users are interacting with the Website to help improve the Website and our offerings.

We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.

4 Sensitive Data

Sensitive personal data (also known as special category data) means information related to personal data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where used for identification purposes); data concerning health; data concerning a person’s sex life; and data concerning a person’s sexual orientation.

As part of our trauma processing and healing coaching services, we collect and process certain sensitive personal data, specifically health-related information through our client questionnaires and service agreements. This information is necessary for us to provide appropriate and safe coaching services. We handle this sensitive data with enhanced security measures, including encryption and restricted access protocols, in accordance with UK GDPR requirements. We obtain explicit consent for processing this sensitive data during the client onboarding process. We do not collect information about criminal convictions.

If, however you do submit sensitive data to us, such as if you make this sensitive data available to other users of the Website (such as by publishing it through any forum feature, we may make available from time to time) we will assume that you have purposefully made any such sensitive data manifestly public.

5 How your personal data is collected

We use different methods to collect data from and about you including through:

(i) Your interaction with us: We collect personal data from you directly when you sign up to the Website, subscribe to our communications, request for marketing emails to be sent to you, contact us directly or reach out to us via social media, make submissions via the Website when a forum element is available, or indirectly, such as your activity while using the Website, participate in any feedback or survey.

(ii) Automated technologies or interactions: As you interact with the Website, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy available at https://www.thehealclinic.com/cookie-policy for further details.

6 How and WHY, we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason, e.g.:

(i) where you have given consent

(ii) to comply with our legal and regulatory obligations

(iii) for the performance of a contract with you or to take steps at your request before entering into a contract, or

(iv) for our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

The table below explains what we use your personal data for and why.

What we use your personal data for

Our reasons

Create and manage your account with us

To perform our contract with you or to take steps at your request before entering into a contract

Providing services and/or the functionalities of the Website to you

Depending on the circumstances, to perform our contract with you or to take steps at your request before entering into a contract (in this case, the contract means the Terms and Conditions of Use which apply to the Website)

To enforce legal rights or defend or undertake legal proceedings

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· in other cases, for our legitimate interests or those of a third party, i.e. to protect our business, interests and rights or those of others

Sending relevant marketing communications and for making personalised suggestions and recommendations to you about the products that may be of interest to you based on your profile data

For our legitimate interests, to carry out direct marketing, develop our products and grow our business and having obtained your consent to receive direct marketing communications.

Carry out market research through your voluntary participation in surveys

Necessary for our legitimate interests to study how customers use the products, use our Website and to help us improve and develop our Website and products and services offered through the Website.

Communications with you not related to marketing, including about changes to our terms or policies or updates concerning the order placed by you through the Website or changes to the Website or service or other important notices

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· to keep you updated on the orders placed by you

· in other cases, for our legitimate interests or those of a third party, i.e., to provide the best service to you

Protect the security of systems and data

To comply with our legal and regulatory obligations we may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests or those of a third party, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us

Operational reasons, such as improving efficiency, training, and quality control or to provide support to you

For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service to you

Statistical analysis to help us manage our business, e.g., in relation to our performance, customer base, website and functionalities and offerings or other efficiency measures

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you and improve and develop our website

Updating and enhancing user records

Depending on the circumstances:

· to perform our contract with you or to take steps at your request before entering into a contract (in this case, the contract means the Terms and Conditions of Use which apply to the Website)

· to comply with our legal and regulatory obligations

· where neither of the above apply, for our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about their accounts and new products or functionalities related to the Website and the products and services offered through the Website

To comply with our legal and regulatory obligations

Depending on the circumstances:

· to perform our contract with you or to take steps at your request before entering into a contract (in this case, the contract means the Terms and Conditions of Use which apply to the Website)

· to comply with our legal and regulatory obligations

where neither of the above apply, for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about their accounts and new products or functionalities related to the Website

To share your personal data with members of our group and third parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency.

In such cases information will be anonymised where possible and only shared where necessary

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· in other cases, for our legitimate interests or those of a third party, i.e., to protect, realise or grow the value in our business and assets

See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.

Policy version: Insert Version Number and Date

1 Introduction

We are the controller of personal data obtained via the Website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

2 What this policy applies to

This privacy policy relates to your use of the Website and accessing the services provided through the Website.

3 Personal data we collect about you

Category of data

In more detail

Data collected when you use specific functions in the Website

Other data the Website collects automatically when you use it

· Your activities on, and use of, the Website which reveal your preferences, interests or manner of use of the Website and the times of use

· Tracking information such as IP Address, Cookies, User Agent, Device Fingerprinting (which includes MAC address), Session IDs, Referral URLs, Tracking Pixels and Scripts Geolocation Data

Data collected when you make an enquiry with us

Your name, email address, age, location, medical conditions, treatment history, and other health-related information provided through our questionnaires and consultations

Marketing and communications data

Your preferences in receiving marketing emails from us and our third parties and your communication preferences

We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.

4 Sensitive Data

5 How your personal data is collected

We use different methods to collect data from and about you including through:

6 How and WHY, we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason, e.g.:

(i) where you have given consent

(ii) to comply with our legal and regulatory obligations

(iii) for the performance of a contract with you or to take steps at your request before entering into a contract, or

(iv) for our legitimate interests or those of a third party

The table below explains what we use your personal data for and why.

What we use your personal data for

Our reasons

Create and manage your account with us

To perform our contract with you or to take steps at your request before entering into a contract

Providing services and/or the functionalities of the Website to you

To enforce legal rights or defend or undertake legal proceedings

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· in other cases, for our legitimate interests or those of a third party, i.e. to protect our business, interests and rights or those of others

Sending relevant marketing communications and for making personalised suggestions and recommendations to you about the products that may be of interest to you based on your profile data

For our legitimate interests, to carry out direct marketing, develop our products and grow our business and having obtained your consent to receive direct marketing communications.

Carry out market research through your voluntary participation in surveys

Necessary for our legitimate interests to study how customers use the products, use our Website and to help us improve and develop our Website and products and services offered through the Website.

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· to keep you updated on the orders placed by you

· in other cases, for our legitimate interests or those of a third party, i.e., to provide the best service to you

Protect the security of systems and data

Operational reasons, such as improving efficiency, training, and quality control or to provide support to you

For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service to you

Statistical analysis to help us manage our business, e.g., in relation to our performance, customer base, website and functionalities and offerings or other efficiency measures

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you and improve and develop our website

Updating and enhancing user records

Depending on the circumstances:

· to perform our contract with you or to take steps at your request before entering into a contract (in this case, the contract means the Terms and Conditions of Use which apply to the Website)

· to comply with our legal and regulatory obligations

To comply with our legal and regulatory obligations

Depending on the circumstances:

· to perform our contract with you or to take steps at your request before entering into a contract (in this case, the contract means the Terms and Conditions of Use which apply to the Website)

· to comply with our legal and regulatory obligations

In such cases information will be anonymised where possible and only shared where necessary

Depending on the circumstances:

· to comply with our legal and regulatory obligations

· in other cases, for our legitimate interests or those of a third party, i.e., to protect, realise or grow the value in our business and assets

See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.

7 Marketing

We intend to send you email marketing to inform you of new coaching services, wellness resources, therapeutic approaches, promotions, and other relevant information that may support your healing journey. We understand the sensitive nature of our services and ensure our marketing communications are appropriate and respectful.

We will always ask you for your consent before sending you marketing communications, except where you have explicitly opted-in to receiving email marketing from us in the past or except where you were given the option to opt-out of email marketing when you initially signed up for your account with us and you did not do so.

You will have the right to opt out of receiving marketing communications at any time by:

o contacting us at support@thehealclinic.com

o using the ‘unsubscribe’ link included [AF1] [DM2] [KM3] in all marketing emails you may receive from us

We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.

For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.

8 Who we share your personal data with

We routinely share personal data with service providers we use to help us run our business. This includes: (1) payment processors (Stripe and PayPal) who receive your payment information to process transactions; (2) cloud storage providers who store your questionnaire responses and consultation records with enterprise-grade encryption; and (3), developers, cloud storage providers, and other service providers necessary for website functionality and service delivery. We only share the minimum necessary information with each provider. All sharing of personal data, particularly sensitive health-related information from your questionnaires and consultations, is conducted with appropriate safeguards, including encryption and detailed data processing agreements that ensure GDPR and UK data protection compliance.

We only allow service providers to handle your personal data if we are satisfied, they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.

We or the third parties mentioned above may occasionally also need to share your personal data with:

§ external auditors, e.g. in relation to the audit of our accounts and our company —the recipient of the information will be bound by confidentiality obligations

§ professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations

§ law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations

§ other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations

If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).

We will not share your personal data with any other third party.

9 How long your personal data will be kept

We will keep your personal data, including your questionnaire responses and consultation records, for as long as you have an active account with us and for a period of up to 6 years thereafter. This retention period is necessary to comply with medical record-keeping requirements, accounting obligations, and legal obligations, including the potential pursuit or defence of legal claims. Your payment information is only retained for as long as necessary to process payments and handle any payment-related disputes. Once you have closed your account with us, we will move your personal data to a separate database so that only key stakeholders in our business on a ‘need to know basis’ have access to such data.

Following the end of the of the aforementioned retention period, we will delete or anonymise your personal data.

10 Transferring your personal data out of the UK

At this point in time, we do not transfer your personal data outside of the UK. If this changes, we would comply with applicable UK laws designed to ensure the continued protection and privacy of your personal data. Any updated destinations to which we send your personal data, would be indicated in the present section and notified to you in accordance with the section on ‘Change to this privacy policy’ below.

Furthermore, under UK data protection laws, we can only transfer your personal data to a country outside the UK where: the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR; there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or a specific exception applies under relevant data protection law. Accordingly, if we were to start transferring your personal data from the UK to:

§ The EEA: we would rely on the adequacy finding granted by the UK to the EU under the Withdrawal Agreement to do; for any transfers from the EU to the UK, we would rely on the adequacy regulation granted to the UK under the Adequacy Decision.

§ Any country located outside the UK/EEA: we would rely on an appropriate safeguard under the UK GDPR, such as by including the relevant Standard Contractual Clauses in our data processing agreements with our service providers, including our payment processors (Stripe and PayPal), such as by including the relevant Standard Contractual Clauses in our data processing agreements

In the event we could not or choose not to continue to rely on either of those mechanisms at any time we would not transfer your personal data outside the UK unless we could do so on the basis of an alternative mechanism or exception provided by UK data protection law.

11 Your rights

Before exercising your rights outlined below, please note that we process your personal data to: (1) fulfil our contractual obligations under the coaching service agreement; (2) process payments via our payment processors (Stripe and PayPal); (3) provide you with our trauma processing and healing services; and (4) maintain appropriate medical records of your consultations and treatment progress. Some of this processing is required by law and professional standards, particularly regarding health-related information collected through questionnaires and consultations.

You generally have the following rights, which you can usually exercise free of charge. For more information regarding these rights, please visit the ICO website here.

Access to a copy of your personal data

The right to be provided with a copy of your personal data.

Correction (also known as rectification)

The right to require us to correct any mistakes in your personal data.

Erasure (also known as the right to be forgotten)

The right to require us to delete your personal data—in certain situations.

Restriction of use

The right to require us to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data.

Data portability

The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.

To object to use

The right to object:

· at any time to your personal data being used for direct marketing (including profiling)

· in certain other situations to our continued use of your personal data, e.g. where we use your personal data for our legitimate interests.

Not to be subject to decisions without human involvement

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:

o provide enough information to identify yourself (e.g., your full name and username) and any additional identity information we may reasonably request from you, and

o let us know which right(s) you want to exercise and the information to which your request relates

12 Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost,or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from, Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

13 How to complain

Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

14 Changes to this privacy policy

We may change this privacy policy from time to time. When we make significant changes, we will take steps to inform you, for example via the Website or by other means, such as email.

15 How to contact us

You can contact us by email at support@thehealclinic.com if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

You will have the right to opt out of receiving marketing communications at any time by:

o contacting us at support@thehealclinic.com

o using the ‘unsubscribe’ link included in all marketing emails you may receive from us

We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.

For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.

8 Who we share your personal data with

We or the third parties mentioned above may occasionally also need to share your personal data with:

§ external auditors, e.g. in relation to the audit of our accounts and our company —the recipient of the information will be bound by confidentiality obligations

§ professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations

§ law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations

If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).

We will not share your personal data with any other third party.

9 How long your personal data will be kept

Following the end of the of the aforementioned retention period, we will delete or anonymise your personal data.

10 Transferring your personal data out of the UK

11 Your rights

You generally have the following rights, which you can usually exercise free of charge. For more information regarding these rights, please visit the ICO website here.

Access to a copy of your personal data

The right to be provided with a copy of your personal data.

Correction (also known as rectification)

The right to require us to correct any mistakes in your personal data.

Erasure (also known as the right to be forgotten)

The right to require us to delete your personal data—in certain situations.

Restriction of use

The right to require us to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data.

Data portability

The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.

To object to use

The right to object:

· at any time to your personal data being used for direct marketing (including profiling)

· in certain other situations to our continued use of your personal data, e.g. where we use your personal data for our legitimate interests.

Not to be subject to decisions without human involvement

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:

o provide enough information to identify yourself (e.g., your full name and username) and any additional identity information we may reasonably request from you, and

o let us know which right(s) you want to exercise and the information to which your request relates

12 Keeping your personal data secure

13 How to complain

Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

14 Changes to this privacy policy

We may change this privacy policy from time to time. When we make significant changes, we will take steps to inform you, for example via the Website or by other means, such as email.

15 How to contact us

[AF1]How do I generate that link?

[DM2]Your web developer will be able to generate this link for you. Alternatively, we can delete reference to unsubscribe link and only retain the option of contacting the company at the designated email address.

[KM3]This is automatically done by Flodesk and all email marketing platforms as per GDPR.