PRIVACY POLICY -LEARNER PROFILER
Privacy Statement
Introduction
Welcome to the Learner Profiler privacy notice. (Note that Learner Profiler is owned and run by Ian Smythe trading as Ibis Consultants.)
Learner Profiler (“We”,”Us”) respects your privacy and is committed to protecting your personal data This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy dares a. how the law protects you.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and processes your personal data through your use of the Team Profiler website, including a, data you may provide through this website when you sign up to our system or purchase a service.
This website may collect data relating to children. If you are providing data relating to children you must ensure you are properly authorised to provide such data (for example, you are the parent or guardian of the child).
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are .1Iecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.
Data Processing
Unless clearly stated in a contractual arrangement, the role of Learner Profiler is the Data Processor. Your data belongs to you al all times and is not used in any way other than that stipulated in the specific service requested.
We have appointed a data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have a, questions about this privacy notice, including any requests to exercise your legal rights, please contest the data protection officer using the details using out below.
Contact details
- Full name of legal entity, Ian Smythe trading as Ibis Consultant
Name of data protection officer Dr Ian Smythe Email address: ian®learnererprofiler.com
You have the right to make a complaint at any time to the relevant data regulation authorities. We would, however appreciate the chance deal with your concerns before you approach others so please contact us in the first instance.
Changes to the privacy notice and your dtuy to inform us of changes
This privacy notices sets our your rights in line with .e data protections laws in Europe.
It is important that the personal data hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This webstto may include links to third-party w.sites (e.g. YouTube), plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to .11. or share data about you. We do not .reol these thirdparty websites and are . responsible for their privacy statements. When you leave our webs., we encourage you to read the privacy notice of every website you visit
2. The data we collect about you
Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you that you have provided which we have grouped together follows:
• Identity data Includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender
• Contact Data Includes billing address, email address and telephone numbers.
• Financial Data Includes hank account and payment card details, where appropriate
• Transaction Data Includes detail about payments to and from you and other details of services you have purchased from us. • Technical Data Includes internet protocol(IP) address, your log51 data, browser type and version time Tone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data Includes your username and password, purchases or orders made by you, your interest, preferences, feedback and survey responses.
• Usage Data Includes information about how you use our website and services.
• Marketing and Communications Data Includes your preferences in receiving marketing from us and our third parties and you communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We may collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, responses to cognitive assessments and information about your health).
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions: You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our service
- create an account on our website:
- engage with our online assessment questionnaire:
- request marketing to be sent. you: or
- give us some feedback.
- Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
- Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- a third party who maybe arranging to make our services available to you
- analytics providers such as Google based outside the EU;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services
4. Flow we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you and/or your institution.
- Where it is necessary for our legitimate interes10 tor those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
See below for more information about the types of lawful basis that we will rely on to process your personal data.
We do not collect data on you by viewing any other online presence you may have other than with us.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you Any email or text message. You have the right. withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table formal, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/ActivityUser
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer / user
(a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including :
(a) Manage Payments fee and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a questionnaire
(a) Identity
(b) Contact
(c) Profile
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a questionnaire
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing , system maintenance, support ,reporting, hosting of data )
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business. provision of administration and IT services, network security, to prevent fraud and in the context of a business re-organisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content to you.
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f)Technical
Necessary for our legitimate Interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences
(a)Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websne updated and relevant to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you
(a) Identity
(b) Contact
(c)Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of Interest to you. This Is how we decide which products, services and offers may be relevant for you (we call this marketing), in line with the contract with you and/or your institution.
You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing material.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third-party company for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our service may become inaccessible or not function properly. For more information about the cookies we use, please see the cookies policy.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the this document.
- External Third Parties as set out in the
- Third Parties who have passed on your personal data to us and with whom we have a contractual relationship under which we provide our services to you.
- Third parties to whom we may choose to sell. transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business. then the new owners may use your personal data in the same way as set out in this privacy race.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
Our service is hosted on UK based servers.
Whenever we transfer your personal data out of the EEA, such as to South Africa, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is Implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based In the US, we may transfer data to them If they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do
so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider 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 whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that It can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances. you have rights under data protection laws in relation to your personal data. Please see below for more details about these rights. If you wish to exercise any of the rights set out above, please contact us
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data Is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to lake steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
Internal Third Parties
Other companies who, from time to time, are a holding or subsidiary company of us within the meaning of section 1162 of the Companies Act 2006.
External Third Parties
- Service providers based in the EEA who provide FT and system administration services.
- Professional advisers including lawyers, bankers, auditors, security advisors and insurers based in the EEA who provide consultancy, banking, legal, insurance, security and accounting services.
- HM Revenue & Customs, regulators and other authorities based In the United Kingdom, Poland or South Africa who require reporting of processing activities In certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process h. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel It Impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims: or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used. machine readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Cookies Policy
Information about our use of cookies
Our website uses cookies to distinguish you from other uses of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site. you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of the computer that you use if you agree. Cookies contain information that is transferred to the computer’s hard drive. Cookies may also have similar functions if a mobile phone is used to access the Learner Profiler.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of etilling services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all our cookies will expire after 12 months.