Introduction

1.1 This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our services ("Services"), or the use of our application ‘Happiful’ ("App"), how that information may be used or disclosed by us and the safeguards we use to protect it. We take your data privacy and our responsibility to protect it very seriously.

1.2 Our App and Services may contain links to third party websites that are not covered by this Privacy Policy. We therefore ask you to review the privacy statements of other websites and applications to understand their information practices.

1.3 By using or accessing our App or the Services, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the App or the Services is deemed to be acceptance of such changes, so please check periodically for updates. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our App. If you do not accept and agree with this Privacy Policy, you must stop using our App immediately.

1.4 If you have any comments on this Privacy Policy, please email them to privacy@happiful.com.

1.5 You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. Who We Are

2.1 Our App is called ‘Happiful’. Our company name is Memiah Limited and we trade under the following brands: Happiful, Counselling Directory, Hypnotherapy Directory, Life Coach Directory, Nutritionist Resource and Therapy Directory. Our company number is 05489185 and our registered address is Building 3, Riverside Way, Camberley, Surrey GU15 3YL, United Kingdom. Our nominated representative for Data Protection matters is Paul Maunders and he can be contacted at privacy@happiful.com. We are registered with the ICO under registration number Z2071820.

2.2 We respect your right to privacy and will only process personal information about you in accordance with Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK, including the EU Withdrawal Agreement; (ii) the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019; and (iii) any successor legislation to the GDPR or the Data Protection Act 2018 (as amended) and other applicable privacy laws.

3. What we may collect

3.1 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).

3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

3.2.1 Information you give to us by filling in our forms, by corresponding with us by phone, e-mail, live chat services or in other ways:

(a) Identity Data - first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number

(b) Contact Data - billing address, invoicing address, email address and telephone numbers

(c) Financial and Transaction Data - bank account, payment card details, details about payments and other details of our Services you have purchased from us

(d) Profile Data - your username and password, reservations made by you, your interests, preferences, feedback and survey responses

(e) Marketing and Communications Data - your preferences in receiving marketing from us and our third parties and your communication preferences

3.2.2 Technical data:

(a) internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our App

(b) Usage Data on how you use our App and Services including information about your visit, the Uniform Resource Locators (URL) clickstream to, through and from our App (including date and time), screens you viewed or searched for, page response times, download errors, lengths of visits to certain screens, screen interaction information, methods used to browse away from the screen and any phone number used to call our customer services number

(c) Cookies Data - like many Apps, we use "cookies" to enhance your experience and gather information about visitors and visits to our App. Please refer to the "Cookies" section below for information about cookies and how we use them and what kind.

3.2.3 Information we receive from other sources. We may receive information about you from third parties and other sources, for example if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our App. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.

3.2.4 Analytics data. Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our App and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the App, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

3.2.5 Sensitive personal data. Where we collect sensitive personal data about you (this includes details about your health, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership) and it is necessary to do so for our business, we will obtain your specific consent, unless we have another lawful basis to do so.

3.2.6 Aggregated Data. 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.

3.3 Under Data Protection Legislation we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

3.3.1 You have given consent to the processing of your personal data for one or more specific purposes – for example by signing up to receive the Happiful Magazine;

3.3.2 processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract – for example if you purchase a subscription to our magazine;

3.3.3 processing is necessary for compliance with a legal obligation to which we are subject;

3.3.4 Information about your computer (e.g. your IP address, browser, operating system, etc.) and visits to our App and the resources you use for system administration and to report aggregate information to our advertisers;

3.3.5 processing is necessary to protect the vital interests of you or of another natural person;

3.3.6 processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

3.3.7 processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

3.4 If we receive personal information in the course of providing our Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

4. How we may collect and use your data

4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods including through direct interactions with us by post, phone, email or otherwise. This includes personal data you provide when you access the App, use any of our Services, create an account on our App, subscribe to our Services or publications, request marketing to be sent to you, enter a competition, promotion or survey, or give us some feedback.

4.2 In addition, we may use the information in the following ways:

4.2.1 To personalise your App experience and to allow us to deliver the type of content and product offerings in which you are most interested

4.2.2 To administer a contest, promotion, survey or other App feature

4.2.3 If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please click on ‘unsubscribe’ or ‘update preferences’ links inside our email communications. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails

4.2.4 Present App content effectively to you

4.2.5 Provide information, and services that you request, or (with your consent) which we think may interest you

4.2.6 Carry out our contracts with you

4.2.7 Provide the relevant Services to you

4.2.8 Tell you our charges

4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you. If you are a new customer, you will only be contacted if you agree to it.

4.4 If you don't want us to use your personal data for any of the other reasons set out in this section in 4, you can let us know at any time by contacting us at privacy@happiful.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and Services to you.

4.5 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and Services we can provide you if you don't provide your personal data in these cases. We do not and will never sell your data to third parties.

4.6 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended.

5. Where we store your data and security

5.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

5.2 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 the European Commission: EU-US Privacy Shield.

5.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our App. This includes but is not limited to:

5.3.1 limiting 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

5.3.2 encrypting data during transit (with SSL via end-to-end SSL encrypted connections) and at rest (using LUKS – Linux Unified Key Setup)

5.3.3 complying with recognized NHS Data Standards such as the Data Protection Security Toolkit and the Caldicott Principles

5.3.4 complying with International Data Management Standards such as the ISO 27001

5.4 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.

5.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

5.6 Any payments made by you, will be encrypted.

5.7 We have implemented security measures such as a firewall, automated software updates, public key encryption and other related measures to protect any data and maintain a high level of security.

5.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

5.9 If we give you a password upon registration on our App, you must keep it confidential. Please don't share it.

6. Disclosing your information

6.1 We are allowed to disclose your information in the following cases:

6.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer

6.1.2 We can disclose it to other businesses in our group

6.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights or to enforce our terms of use (https://happiful.com/terms-and-conditions/)

6.1.4 We can exchange information with others to protect against fraud or credit risks

6.1.5 In connection with legal proceedings

6.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under Data Protection Legislation and the law.

7. Retaining your Personal Information

7.1 We will only process your personal data in accordance with this Privacy Policy and our obligations under Data Protection Legislation and in accordance with our data retention policy. We will only retain your data for as long as is necessary for the purpose for which it was collected, which is usually the life of our relationship.

7.2 We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements, including but not limited to, resolving disputes with any parties, complying with court orders or being subject to legal proceedings.

7.3 We periodically review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

8. Your rights

8.1 When you submit information via our App, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data.

8.2 Under the GDPR, you have the right to:

8.2.1 request access to, deletion of or correction of, your personal data held by us at no cost to you;

8.2.2 request that your personal data be transferred to another person (data portability);

8.2.3 be informed of what data processing is taking place;

8.2.4 restrict processing;

8.2.5 to object to processing of your personal data; and

8.2.6 complain to a supervisory authority.

8.3 You also have rights with respect to automated decision-making and profiling.

8.4 You have the right to ask us not to process your personal data for marketing purposes. We will always inform you (before collecting your data) if we intend to use your data for such purposes.

8.5 To enforce any of the foregoing rights or if you have any other questions about our App or this Privacy Policy, please contact us at privacy@happiful.com.

9. Cookies

9.1 Cookies are small text files placed on your device when you visit our App and are used to make the users experience more efficient. We are able to store cookies on your computer or device where they are necessary for the operation of the App however, for non-essential cookies we need your permission.

9.2 We use cookies to recognise you and your preferences, improve our App’s performance and collect analytical information for ourselves and our business partners. Without the knowledge gained we would not be able to provide the service we do.

9.3 Third Party Cookies we use include: Google Analytics, ShareThis, Twitter, Facebook, Google + and LivePerson

9.4 All our cookies are categorised by the role they fulfil on our App:

9.4.1 Strictly Necessary: these are essential to enable you to move around our App and use features such as secure services. Without these cookies such services could not be provided;

9.4.2 Functionality: allows the App to remember your choices and to personal certain features. These cookies may be anonymised and cannot track your browsing activity on other websites; and

9.4.3 Performance: collect information as to how users use the App. These cookies don't collect information that identifies a visitor. The information collected is aggregated and used to improve our App.

9.5 If at any time you wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly (but if you do so you will not be able to use certain important features of our service). You can find additional information at AboutCookies.org.

9.6 Notwithstanding, the audit undertaken regarding our cookies, it is possible we may have missed one from our list above. If you happen to find one that is being set on our App, please let us know.

10. Miscellaneous

10.1 This Privacy Policy shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.

10.2 If you have any queries or complaints about this Privacy Policy or how we use your personal data, please contact our Data Compliance Manager as follows:

Email: privacy@happiful.com

Address: Memiah Limited, Building 3, Riverside Way, Camberley, Surrey GU15 3YL, United Kingdom


Last reviewed 26.03.20