Privacy Policy

Privacy & Cookie Policy

www.emmavanh.com

BACKGROUND:

Emma Van Heusen Limited understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.emmavanh.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

Please read this Privacy Policy carefully and ensure that you understand it. 

 

• Definitions and Interpretation 

 

In this Policy the following terms shall have the following meanings:  

 

“Cookie”	means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and
“Cookie Law”	means 1) the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003, unless and until the said Regulations are no longer directly applicable in the UK; and subsequently 2) any legislation which succeeds the said Regulations;
“Data Protection Legislation”	means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK; and subsequently 2) any legislation which succeeds the GDPR;
“Platform”	means the Kajabi online platform through which We shall release the Programme Materials to You if You join one of Our paid Training Programmes, or such other online platform as We may use from time to time;
“Training Programmes”	means the training programmes provided by Us from time to time to paying clients via the Platform;

 

 

• Information About Us

 

Our Site is owned and operated by Emma Van Heusen Limited, a company registered in the United Kingdom under number 11459247 whose registered office address is at International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF.  

Our Data Protection Officer is Jodie Hayward.  Jodie can be contacted by email at [email protected].  

 

• What Does This Policy Cover?

 

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites, including the Platform. Please note that 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.

 

• What Is Personal Data?

 

Personal data is defined by the Data Protection Legislation as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

 

• What Are My Rights?

 

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
5. The right to restrict (i.e. prevent) the processing of your personal data.
6. The right to object to us using your personal data for a particular purpose or purposes.
7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
9. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed.

If you have any cause for complaint about our use of your personal data, we would welcome an opportunity to resolve this with you: please contact us using the details in Part 15.  If you are not happy with how we have attempted to resolve your complaint, you may contact the Information Commissioner’s Office.

 

• What Data Do You Collect and How?

 

Depending upon your use of Our Site, we may collect and hold some or all of the personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies. We do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to children, or data relating to criminal convictions and/or offences.

 

Data Collected	How We Collect the Data
Identity Information including name, age and date of birth, gender, nationality and title.	Our contact form, online application form and any written communications you may send to us including electronic communications.
Contact information including address, email address, telephone number.	Our contact form, online application form(s) and any written communications you may send to us including electronic communications.
Business information, including your present business and job title, business income,  previous business experience and your business’s social media account details.	Our online Agency Accelerator application form and discovery telephone call with you (if applicable to you) and any written communications you may send to us including electronic communications.
Payment information including your purchase history from us.	Our online application form(s) and our billing process.
User profile information including your interests and your marketing and communications preferences	Our online application form(s) and any written communications you may send to us including electronic communications.
Technical information including your IP address, login details, details about your browser, operating system, length of visit to pages on Our Site, page views and navigation paths, the number of times you use Our Site, time zones and other technology on the devices you use to access Our Site.	Analytics, tracking and funnel mapping systems provided by Google, Facebook, ActiveCampaign, Funnelytics or similar services, our security software and any written communications you may send to us including electronic communications.

 

 

• How Do You Use My Personal Data?

 

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

 

What We Do	What Data We Use (as set out above)	Our Lawful Basis
Processing communication data	Identity and contact information supplied by you	Our legitimate interest in communicating with you, keeping records and pursuing or defending legal claims.
Providing and managing your access to Our Site.	Identity and contact information supplied by you, your user profile and technical information.	Our legitimate interests in properly administering Our Site and our business, ensuring relevant content is provided to you, and ensuring the security of Our Site.
Administering Our Site and our business.	Identity and contact information supplied by you, your payment information , your user profile and technical information.	Our legitimate interest in properly administering Our Site and our business; to ensure relevant content is provided to you, to ensure the security of Our Site, to maintain back-ups of Our Site and/ or databases and to enable publication and administration of Our Site.
Supplying our services to you.	Identity and contact information, your business information, information regarding your preferences, information regarding billing and payment, user preferences.	Our legitimate interest in entering into and performing our contract to provide you with access to our Training Programme(s) and related services; including processing the data to enter into the contract and supply the services you have purchased under that contract, and keeping records of those transactions
Managing payments for our services.	Identity, contact and payment information	Our legitimate interests in collecting payment for the services we supply and thereby protecting and growing our business.

 

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on our products and/ or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and Cookie Law, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third parties whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14.  Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We do not carry out automated decision making or any type of automated profiling. 

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. 

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

 

• How Long Will You Keep My Personal Data?

 

Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected (including for the purposes of satisfying any legal, accounting or reporting requirements).  

When deciding what the correct time is to keep the data for, we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means, and the legal requirements.  

For tax purposes, the law required us to keep basic information about our customers (including identity, contact and payment information as well as information on the contracts we enter into with our customers) for six years after they stop being customers.

In some circumstances, we may anonymise your personal data for research of statistical purposes in which case we may use this information indefinitely without further notice to you.

 

• How and Where Do You Store or Transfer My Personal Data?

 

We may transfer your personal data outside the European Economic Area (“EEA”) for storage and processing.  By providing any information, including personal data to us, you consent to such transfer, storage and processing.  

“Third countries” outside the EEA may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

• We use contracts with external third parties that require the same levels of personal data protection that would apply under the Data Protection Legislation. 
• Where we transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. 

The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:

• personal data entered by you into our online application form(s) is secured by Typeform and/ or ActiveCampaign both in transit and at rest by encryption;
• access to your personal data is limited to those employees, agents, contractors, and other third parties with a legitimate need to know and they are subject to duties of confidentiality; and
• we have in place procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the relevant authorities where we are legally required to do so.

 

• Do You Share My Personal Data?

 

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.

We may have to share your personal data with service providers who provide IT and system administration services, and on occasion with our professional advisers such as lawyers, auditors and insurers.  

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the EEA and under the Data Protection Legislation, as explained above in Part 9.

 

• How Can I Control My Personal Data?

 

In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data.  We aim to give you control over our use of your data for direct marketing purposes (including the ability to opt out of receiving marketing emails from us), which you may do by unsubscribing using the links provided. 

 

• Can I Withhold Information?

 

You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 below.

 

• How Can I Access My Personal Data?

 

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email address shown in Part 15. 

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

• How Do You Use Cookies?

 

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us.  Third-party Cookies are used on Our Site for the purposes of our analytics, tracking and funnel mapping system.  These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a pop-up asking you to give your consent to set those Cookies. By consenting to the placing of Cookies you are enabling us to provide the best possible experience and service to you.  

Our Site uses Facebook Pixel to provide targeted Facebook advertising for Our Site, Google and ActiveCampaign analytics services, and Funnelytics funnel mapping services.  These services will be provided by Facebook, Google, ActiveCampaign and Funnelytics respectively, or by other similar providers. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site is used. This, in turn, enables us to improve Our Site and the services offered through it.  These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

The above services used by Our Site use third party Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently.

 

• How Do I Contact You?

 

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please email us at [email protected],  marking your email “Subject Access Request”.

 

• Changes to this Privacy Policy

 

We may change this Privacy & Cookie Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy & Cookie Policy on your first use of Our Site following the alterations.  We recommend that you check this page regularly to keep up-to-date. This Privacy & Cookie Policy was last updated on 29 January 2020.