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.
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.
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.
We obtain different types of personal data about you at the various stages of our relationship with you, as explained below:
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
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 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
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
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 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.
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.
|Purposes of processing||Types of personal data||Legal basis|
|Contacting you to invite you to apply to become a Mind Gym coach (e.g.via the ATS system Greenhouse)||Headhunting data||Our legitimate interests in identifying, recruiting and engaging suitable individuals to deliver our coaching sessions to enable us to provide our core services and products to clients|
|Communicating with you about your application, such as to arrange interviews and assessments, obtain recordings of you delivering sessions, inform you of whether your application has been successful and provide feedback on your application||Application data Assessment data||Our legitimate interests in identifying, recruiting and engaging suitable individuals to deliver our coaching sessions to enable us to provide our core services and products to clients|
|Analysing use of our online application portal and other parts of our website (e.g. finding out how many people visit the portal and other parts of the site and how they use it) in order to improve our website content and our website visitors’ browsing experience, present our website in the most effective manner for our visitors, allow website visitors to submit applications and participate in interactive features of our website and keep our website safe and secure.||Online application usage data||Our legitimate interests in operating a website that successfully promotes our business, expertise, products and services and career opportunities and is engaging and convenient for our website visitors in order to drive sales, attract suitable candidates and sustain and grow our business.|
|Purposes of processing||Types of personal data||Legal basis|
|Communicating with you about the certification course, such as to invite you to attend the course and send you details, make practical arrangements for the course, inform you of whether you have achieved certification and provide feedback on your application||Application data Headhunting data||Our legitimate interests in identifying, recruiting and engaging suitable individuals to deliver our coaching sessions to enable us to provide our core services and products to clients|
|Assessing your suitability to become a certified Mind Gym coach||Assessment data|
|Purposes of processing||Types of personal data||Legal basis|
|Entering into a consultancy contract with you if you have obtained certification||Application data Contract data||Our legitimate interests in engaging suitable individuals to deliver our coaching sessions to enable us to provide our core services and products to clients|
|Setting you up as a Mind Gym coach on our IT systems (e.g. NetSuite, Coach Portal, Power BI, Zoom, WebEx, Office 365, Acuity, Coach platform, Slack, Survey Monkey, Airtable and Mailchimp) for the purposes of storing relevant and necessary details about you, communicating with you, making bookings for you to deliver sessions, receiving invoices from you and paying you and enabling you to provide us with relevant information, documents and feedback||Application data Assessment data Contract data Bank details Emergency contact data||Our legitimate interests in keeping records about the people we engage to provide our core services and products to clients and providing an efficient means of communication and information sharing between us and our coaches Performance of a contract, where it is necessary in order for us to be able to perform our obligations under the consultancy contract, such as making payments to you Compliance with a legal obligation, where certain records are required to be kept by law (e.g. relating to tax|
|Arranging an onboarding call and prep calls.||Application data Contract data||Our legitimate interests in ensuring that coaches are well prepared to deliver our coaching sessions by providing them with earlystage support, to enable us to provide our core services and products to clients to a high standard|
|Purposes of processing||Types of personal data||Legal basis|
|Booking you to deliver particular sessions for us, which may involve consulting the details we hold about you to assess your suitability for a particular engagement, calling/emailing you to discuss a potential engagement, having briefing calls for sessions you agree to deliver, setting up eworkouts/virtual sessions, providing relevant details about you to the client||Application data Contract data Coach relationship data Coach update data||Our legitimate interests in engaging suitable coaches to deliver particular coaching sessions to particular clients, to enable us to provide our core services and products to clients to a high standard|
|Enabling Performa coaching participants to select a coach, arrange and attend coaching sessions and communicate with their coach via Performa.||Coach profile data||Our legitimate interests in engaging suitable coaches to deliver coaching to participants, to enable us to provide the Performa service to our clients to a high standard|
|Paying you for sessions and coaching you have delivered||Contract data Coach update data Coach relationship data||Performance of a contract, to fulfil our obligations under the consultancy contract between us to pay you for the services you have provided under the contract|
|Quality maintenance activities, such as ISCAN refreshers, prep calls with||Application data Contract data Coach profile data||Our legitimate interests in ensuring that coaches remainsuitable to deliver our coaching sessions by providing them with ongoing support, training and feedback, to enable us to provide our core services andproducts to clients to a high standard|
|Lead coaches, feedback calls with our staff, webinars, arranging networking opportunities, training/discussion forums in person/online, buddying/coaching initiatives||Coach update data Coach relationship data Feedback data Coach profile data||Our legitimate interests in ensuring that coaches remainsuitable to deliver our coaching sessions by providing them with ongoing support, training and feedback, to enable us to provide our core services andproducts to clients to a high standard|
|Upskilling activities – inviting and arranging for you to participate in further training and certification||Application data Contract data Coach update data Coach relationship data Coach profile data||Our legitimate interests in ensuring that coaches remain suitable to deliver our coaching sessions by providing them with ongoing support, training and feedback, to enable us to provide our core services and products to clients to a high standard|
|Quality management activities such as consulting the details we hold about our coaches to identify any problems, investigating any complaints we receive, observing coaches delivering sessions and implementing performance management processes where necessary||Application data Contract data Coach update data Coach relationship data Feedback data Coach profile data||Our legitimate interests in ensuring that coaches remainsuitable to deliver our coaching sessions by providing them with ongoing support, training and feedback, to enable us to provide our core services andproducts to clients to a high standard|
|Ongoing regular and occasional communications with our coaches, such as Facebook messages, TNT mailbox and newsletter, crucial email updates, arranging visits to our office||Application data Contract data Coach update data Coach relationship data Feedback data Coach profile data||Our legitimate interests in maintaining relationships with our coaches and ensuring they remain informed and updated by providing them with useful information, to enable us to provide our core services and products to clients to a high standard|
|Providing details about you to clients as part of our client proposal/scoping/contracting process||Application data Contract data Update/additional coach data Coach relationship data Feedback data Coach profile data||Our legitimate interests in agreeing with our clients the detail of services and deliverables to be provided to them, in order to drive sales and sustain and grow our business|
|Keeping records relating to our relationship with you, such as the sessions you have delivered, payments made to you, correspondence between us, your consultancy contract, bank details and emergency contacts||Application data Assessment data Coach profile data Contract data Emergency contact data Update/additional coach data Coach relationship data Feedback data Coach profile data||Our legitimate interests in the effective and proper administration of our business and keeping records in accordance with good business practice, and, where records are required tobe kept by law (e.g. relating to tax), compliance with a legal obligation to which we are subject.|
|Contacting you about future job opportunities, if you have indicated that you want us to do so.||Application data Update/additional coach data Coach relationship data Coach profile data|
|Obtaining feedback from you on our products||Contract data Coach update data Coach relationship data Coach profile data||Our legitimate interests in improving and developing our products|
##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:
|Establishing, exercising or defending legal claims||Our legitimate interests in defending legal claims brought against us, enforcing claims against others and protecting and asserting our legal rights and the legal rights of others|
|Obtaining or maintaining insurance cover, managing risks or obtaining professional advice||Our legitimate interests in protecting our business against risks|
|Compliance with a legal obligation such as a statutory or regulatory obligation or an order of a court, government body or regulator||Compliance with a legal obligation|
|Protecting a person’s vital interests||Protection of vital interests|
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
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.
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 firstname.lastname@example.org.
• 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.
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
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.
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.
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.
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 email@example.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.
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/.
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.
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.
Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to firstname.lastname@example.org.