MindGym Coaches privacy policy

1. Introduction

1.1 Purpose of this notice

This notice describes how Mind Gym plc (“we”, “us”, “our”) process the personal data we obtain in connection with recruiting and engaging Mind Gym coaches. This notice is directed at both applicant and certified coaches to help them understand how and why we use this personal data.

1.2 Data controller

For the purposes of data protection laws applicable in the United Kingdom, the data controller of the processing described in this notice is Mind Gym plc, a company registered in England and Wales with company number 3833448, whose registered office is at 160 Kensington High Street, London, W8 7RG, United Kingdom.

2. How we process your personal data

In this section we explain the types of personal data we obtain in connection with recruiting and engaging Mind Gym coaches, the purposes we use that data for and the legal bases we rely on to process personal data for those purposes.

We obtain and use different types of personal data about you at the various stages of our relationship with you, from your initial application through to assessment, certification, onboarding and our ongoing relationship and communications with you.

2.1 Types of personal data we obtain

We obtain different types of personal data about you at the various stages of our relationship with you, as explained below:

Recruitment

Application data: information that you provide to us as part of your application to become a Mind Gym coach, including:

• Resume/CV/covering letter – information you provide to us in your resume/curriculum vitae and covering letter

• Online applications using our website – information you have provided to us in the coach application form on our website, including your name and email address; your phone number and any company/organisation you are currently involved with (if you choose to provide that information), any links to social media or other online information about you that you choose to provide and any additional information you choose to give about yourself using the free-text fields

Headhunting data: information we obtain about individuals that we would like to invite to apply to become a Mind Gym coach, such as:

• Referrals/recommendations provided to us by existing Mind Gym coaches, employees, clients and others

• LinkedIn profiles and other social media profiles obtained from proactive research by Mind Gym recruitment staff

Online application usage data: if you apply to become a coach via our website, our IT systems will automatically collect data from your device and browser such as:

• technical data about your device and browser such as the Internet Protocol (IP) address used to connect your device to the Internet, geographical location, browser type and version, time zone setting, browser plug-in type and version, operating system and platform and login information

• information about your use of our website such as referral source, length of visits to certain pages, page views, website navigation paths including the clickstream to, through and from our sites (including date and time), products viewed or searched for, page response times, download errors, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from pages

This data is collected automatically by our analytics tracking system and third party services and involves the use of cookies. (See our Cookie Policy for more information about our use of cookies.)

Assessment data: information relating to applicant coaches’ suitability to progress onto our certification courses:

• any personal data that you provide to us during an interview and that we record, either in the form of written notes or a recording of the interview

• any personal data captured in the recording of your delivery of a session, submitted to us as part of the application process

Certification

Certification assessment data: information relating to applicant coaches’ suitability to become certified coaches, which we obtain during our 5-day certification courses attended by applicant coaches who were successful at the recruitment stage:

• the results of any assessments we ask you to undertake during the certification course

• psychometric data resulting from any diagnostic tests we ask you to undertake during the certification course

• assessors’ notes relating to your performance and delivery of sessions during the certification course

• any personal data captured in the recording of your delivery of sessions during the certification course

• photos of you

Onboarding

Coach profile data: contact details and other information that you provide to us as part of your onboarding to enable us to create your MindGym coach profile, such as your gender, time zone, coaching experience and qualifications, spoken and written languages, biography, testimonials, and a photo of you. MindGym reserves the right to make changes to the biography information provided, with regards to style and consistency.

Contract data: personal details provided by you in connection with entering into the consultancy contract engaging you as a Mind Gym coach, such as your name, address and contact details and banking details for the purposes of receiving payments under the consultancy contract

Emergency contact data: information provided by you relating to you and others (e.g. family members) for the purpose of contact in the event of an emergency involving you

Ongoing relationship

Coach update data: any other information that you choose to give us during your ongoing relationship with us, such as updated contact details or additional skills, experience, or qualifications

Coach relationship data: information we compile about you during our contractual relationship such as the sessions you have delivered, further training you have received, additional certifications you have achieved, feedback about you from participants, performance data and payments made to you

Feedback data: information relating to your delivery of a session contained in feedback provided by participants in sessions delivered by you

Diversity and equality monitoring and reporting

Diversity data: data relating to diversity and equality relating to your gender, age, job role, educational background, childcare and other caring responsibilities, racial or ethnic origin, religious or philosophical beliefs, disabilities, physical or mental health and sexual orientation and any other personal data that you choose to provide all collected via diversity and equality monitoring surveys we may ask you to complete or from coach profile data you provide to us; and information relating to your views, opinions and feelings in relation to the subjects covered in the survey.

2.2 Why we use personal data

Core processing purposes

This section described the main purposes for which we use personal data in connection with recruiting and engaging Mind Gym coaches, the types of personal data we use for those purposes and our legal bases for doing so. See here for an Explanation of legal bases.

We use different types of personal data about you in the various stages of our relationship with you, as explained below.

Recruitment

Certification

Onboarding

Ongoing relationship

##Diversity and equality monitoring and reporting purposes

Type of data used: Diversity data

Purpose of processing: to monitor and report on how diverse our coach network is and demonstrate this to our clients

Some of the Diversity data we collect, such as information relating to health (including disability), race or national or ethnic origin, religious, philosophical or moral beliefs and sexual orientation, will constitute ‘special category personal data’ if it can be linked to identifiable individuals. Under applicable data protection law, controllers need to have additional legal bases and comply with certain additional conditions to process special category personal data.

We aim to collect diversity data from coaches via questionnaires in an anonymous way and use only aggregate data for our monitoring and reporting purposes.

However, this information may nevertheless be deemed to be personal data because of the potential forus to identify individuals using extra linking data such as IP addresses (which may be automatically collected when coaches complete the questionnaire) or our own familiarity with the individuals that make up our coach network. For this reason, we have determined which legal bases and conditions apply to our processing of this information:

IP addresses: When we use your IP address for the purposes of enabling you to access our questionnaire, our legal basis is that this processing is necessary for the purposes of our legitimate interests, namely collecting data so that we can monitor and report on the level of diversity and equality in our coach network (Article 6(1)(f) GDPR).

Data collected in response to multiple-choice questions: When we use non-special category personal data collected via multiple choice questions in the questionnaire for the purposes of understanding how diverse our coach network is and demonstrating this to our clients, our legal bases are:

Compliance with a legal obligation: our processing is necessary for compliance with a legal obligation, namely our responsibilities under laws relating to equality (Article6(1)(c) GDPR).

Legitimate interests: our processing is necessary for the purposes of our legitimate interests, namely ensuring meaningful equal opportunity/diversity in our organisation (Article 6(1)(f) GDPR).

When we use special category personal data collected via multiple choice questions in the survey for these purposes, our additional legal bases are:

Employment, social security and social protection: our processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or data subject in the field of employment and social security and social protection law, namely our legal obligations under laws relating to equality (Article 9(2)(b) GDPR).

Public interest: our processing is necessary for reasons of substantial public interest, namely identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people with a view to enabling equality to be promoted or maintained (Article 9(2)(g) GDPR).

The additional conditions under Schedule 1 of the Data Protection Act that we comply with are:

Employment, social security and social protection: our processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller or the data subject in connection with employment, social security or social protection, namely our legal obligations under laws relating to equality (Paragraph 1(1)(a), Schedule 1, DPA 2018).

Equality of opportunity or treatment: our processing is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people specified in relation to that category with a view to enabling such equality to be promoted or maintained (Paragraph 8(1)(b), Schedule 1, DPA 2018).

Data collected in response to free-text questions: When we use any personal data, including special category personal data, included in comments collected via free-text questions, our legal basis is that the respondent has consented to us processing that data. Coaches will be given the opportunity to explicitly consent to our use of that information for one or more specified purposes when they submit any comments via a free-text question.

Other processing purposes

In addition the processing purposes set out above, we may also process personal data if and to the extent necessary for the following purposes:

Explanation of legal bases

It is only lawful to process personal data if there is a legal basis for doing it. Below is an explanation of the legal bases referred to in this notice.

Legitimate interests: processing of personal data is necessary for the purposes of the legitimate interests of us or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individuals to whom the personal data relate

Performance of a contract: processing of personal data is necessary to perform a contract to which an individual is a party or to take steps at the request of an individual prior to entering into a contract

Compliance with a legal obligation: processing of personal data is necessary for compliance with a legal obligation imposed by UK or EU law

Protection of vital interests: processing of personal data is necessary in order to protect the vital interests of any individual

3. Who we disclose personal data to

The personal data described in this notice may be disclosed to the following categories of recipients, where and to the extent necessary for the purposes described in this notice:

• Our group companies: this currently includes Mind Gym (USA) Inc. and Mind Gym Performance (Asia) Pte. Ltd

• Insurers and professional advisers: such as lawyers, accountants and business and marketing consultants

•Prospective buyer: if we propose to sell or do sell any of our business or assets, some of the personal data described in this notice may be reviewed by the prospective buyer and/or comprise an asset transferred to the buyer

• Social media platforms: if you communicate with us via twitter, LinkedIn or Facebook the providers of those platforms will process data sent or received via those platforms

• Service providers: we use a number of service providers in connection with our website, services, communications and IT infrastructure, which involves those service providers processing some of the personal data described in this notice to the extent necessary to provide the relevant services.

• Clients and participants: in order to book you to deliver particular client sessions and enable Performa coaching participants to select a coach, arrange and attend coaching sessions, and to communicate with their coach

Additionally, we may disclose your personal data to other organisations or individuals where disclosure is necessary for the purposes set out in the ‘Other processing purposes’ section above, for example if we are under a duty to disclose or share personal data in order to comply with any legal obligation, or in order to enforce or apply the terms of any agreement to which we are a party, or to protect the rights, property, or safety of Mind Gym, our customers, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In all cases, we will only share personal data with such recipients where and to the extent necessary for the relevant processing purpose and in accordance with applicable data protection law.

4. International transfers of personal data

This section describes the circumstances in which the personal data described in this notice process may be transferred to countries outside the European Economic Area (EEA) and the safeguards in place to protect that data once it has been transferred.

• Mind Gym international group companies: we transfer some personal data to, and share access to databases containing personal data with, our group companies. Our group companies currently include Mind Gym (USA) Inc., based in the U.S.A., and MindGym Performance (Asia) Pte. Ltd, based in Singapore. We have entered into Standard Contractual Clauses with our group companies to ensure that any personal data transferred/shared is subject to suitable safeguards. The Standard Contractual Clauses can be obtained by emailing dpo@themindgym.com.

• Service providers: our use of service providers involves some processing of personal data by our service providers in countries outside the EEA. We ensure that such a transfer complies with the conditions for transfers stipulated by applicable data protection law.

• In addition to the known transfers described above, it may become necessary to transfer personal data described in this notice to organisations based outside the EEA in connection with the purposes described in the ‘Other processing purposes’ section above. If this happens, we would ensure that such a transfer complies with the conditions for transfers stipulated by applicable data protection law.

Explanation of safeguards referred to in this section:

Standard Contractual Clauses: these are standard data protection clauses for data transfers between EU and non-EU countries adopted by the European Commission pursuant to a decision of the European Commission that those clauses provide an adequate level of protection for personal data transferred between the parties to those clauses.

See the Europa website for more information on, and links to, the standard contractual clauses: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-dataprotection/standard-contractual-clauses-scc_en

5. Security

We will take appropriate technical and organisational precautions to secure the personal data we process and prevent accidental or unlawful destruction, loss or alteration and unauthorised disclosure of, or access to, that personal data.

Where we have given you (or where you have chosen) a password that enables you to access our coach portal or certain parts of our sites, you are responsible for keeping this password confidential, and for all use made of your account with such password. We ask you not to share a password with anyone.

We will notify affected individuals and any applicable regulator of any personal data breach where we are legally required to do so.

6. Length of data storage

We will retain data only for so long as is necessary for the purposes for which we hold it.

This may vary according to the type of personal data and the purposes for which we use it.

If you would like to know what that means in respect of your personal data, please contact us by emailing Legal@themindgym.com.

In determining how long we retain personal data, we take into consideration the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of the personal data, the purposes for which we process it and whether we can achieve those purposes through other means, our legal obligations, good industry practice, the guidance of relevant UK authorities such as HM Revenue & Customs, and also tax, accounting and health and safety rules.

If you are not successful in your application to become a Mind Gym coach, we will delete the information we have received about you within a month of us informing you of the outcome of your application. However, if you indicated at the point of applying that you were happy for us to contact you about future job opportunities for up to 2 years, we will retain your information for up to 2 years after informing you of the outcome of your application.

7. Your personal data rights

7.1 Your rights

You have various rights under data protection law in respect of our processing of your personal data. These include rights to:

• object to us processing your personal data for direct marketing purposes;

• withdraw any consent you may have given for our processing of your personal data (if our processing is based on your consent);

• access the personal data we hold about you (see section 8 below for further details);

• ask us to rectify any personal data we hold about you that is inaccurate or incomplete;

• ask us to delete any personal data we hold about you (in certain circumstances);

• ask us to restrict our processing of your personal data (in certain circumstances);

• object to our processing of your personal data (in certain circumstances);

• require us to give you the personal data we hold about you in a structured, commonly used and machine-readable format so that you can provide the data to another data controller, in certain circumstances;

The availability of these rights varies depending on the legal basis we rely on for processing the relevant personal data, and some rights are qualified (rather than absolute) under applicable data protection law, which we will discuss with you following your request.

7.2 How to exercise these rights

You can exercise any of the rights set out above, free of charge, by using any applicable methods set out in our communications with you, or by contacting us at dpo@themindgym.com.

We may ask you to provide further information in order to confirm your identity. Please also note that if you submit unfounded or excessive (for example repetitive) requests to exercise any of these rights, we are permitted under the applicable data protection law to charge a reasonable fee for providing the requested information or taking the requested action, or to decline your request.

7.3 Complaining to a supervisory authority

You also have the right to lodge a complaint about our processing of your personal data with a supervisory authority if you are concerned that our processing breaches data protection legislation or does not respect your rights under data protection law. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. The Information Commissioner’s Office (www.ico.org.uk) is the supervisory authority in the UK which is responsible for overseeing the application of, and enforcing, data protection law. Relevant contact details for the ICO can be found here: https://ico.org.uk/concerns/.

8. Accessing your personal data

You have the right to obtain from us:

• Confirmation as to whether we are processing (including holding) personal data about you; and

• If we are processing personal data about you, you are entitled to be provided with:

o Information as to the purposes for which we process the data;

o Information as to the categories of data that we are processing;

o Information as to the recipients or categories of recipients to whom the data has or will be disclosed;

o Information as to the envisaged period for which we will store the data, or if not possible, the basis on which that period will be determined;

o If the data was not collected from you, information about the source of the data;

o Information about any automated decision-making that produces legal effects concerning you or similarly affects you;

o Information about the appropriate safeguards used for any transfer of personal data about you outside the EEA;

o A copy of the data (further copies are available at a reasonable charge, which we will inform you of should you request further copies). Please note that this right is subject to the rights and freedoms of others in relation to their own personal data.

Please see section 7.2 above as to how to exercise your rights under this section 8. Section7.2 applies in full to the exercise of these access rights.

9. Changes to this privacy notice

Any changes we make to this privacy notice in the future will be posted on our online coach application portal and our coach portal and, where appropriate, notified to you by e-mail or other suitable method.

10. Contact

Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to dpo@themindgym.com.