Privacy Policy

This is privacy notice of brainsinbusiness.com

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection laws protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

1. Who we are and important information

2. The personal data we collect about you

3. How we collect your personal data

4. How we use your personal data?

5. Who we share your personal data with?

6. International Transfers

7. Data Security

8. Data Retention

9. Your legal rights

10. Changes to this notice and your duty to inform us of changes

11. Queries, requests or concerns

1. Who we are and important information

What is the purpose of this privacy notice?

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website.

You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data controller(s):

Kirsty Holden is the controller and responsible for your personal data (collectively referred to as [“Brains Behind The Business”], “we”, “us” or “our” in this privacy notice). Our contact details are 71 Ulverston Road, Hull, HU4 7HN 07921811645. For all data matters contact Kirsty Holden [data protection officer] at kirsty@kirstyholden.com

Third-party links outside of our control:

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. 

When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The personal data we collect from you

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.

We may also collect technical data about you

• From automated technologies such as cookies, pixels and web beacons when you visit our website. This may include your IP address, your device type, operating system, browser type, time zone, location and browser activity.
• From third parties such as social media platforms when you interact with us on social media.
• Analytics service providers (such as Google Analytics) and search engine providers.

For more information about how we use Cookies please see our Cookie Policy

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

• Identity Data includes first name, last name, social links, location, username.
• Contact Data includes billing address, delivery address, email address, telephone numbers, email address.
• Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us.
• Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
• Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
• Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. Automated technologies also refer to cookies, pixels and web beacons when you visit our website. 

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 also use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data:

Where we need to collect your 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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How we collect your personal data?

We use different methods to collect data from and about you including: 

You may give us your identity or contact details 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 a discovery call
• Purchase our services
• Create an account on our website or other payment platform (Thrivecart)
• Enrol on a membership or course

• Subscribe to our mailing list
• Request marketing to be sent to you.
• Hand over your business card at networking events, workshops, seminars and other similar public events

We may also receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

4. How 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;

• Performance of Contract this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the 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).
• Comply with a legal or regulatory obligation this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

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 via email or text message. You have the right to withdraw consent to marketing at any time by contacting Kirsty Holden at kirsty@kirstyholden.com or simply unsubscribing from our emails.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of some of the ways we plan to use your personal data, with the legal bases we rely on to do so. 

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 Kirsty Holden at kirsty@kirstyholden.com 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. 

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.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition, registered for a promotion, provided us with your details upon entry to our Facebook(R) group and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Hldn Media group of companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing Kirsty Holden at kirsty@kirstyholden.com

When you opt out of receiving emails and marketing information from us, we will keep a minimum of data about you on our ‘unsubscribed’ list to ensure that we do not contact you further.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, product OR service experience or other transactions such as being part of our membership.

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 this website may become inaccessible or not function properly. For more information about the cookies we use, please click here.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Kirsty Holden at kirsty@kirstyholden.com

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Who we share your personal data with?

We do not share or pass on your personal data to third parties for marketing purposes.

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.

• External Third Parties Service that include:Providers [acting as processors] based worldwide who provide IT and system administration services. These service providers only have access to your personal data for the purpose of fulfilling their contract with us and will not use your personal data for their own purposes.Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based worldwide who provide consultancy, banking, legal, insurance and/or accounting services.HM Revenue & Customs, regulators and other authorities [acting as processors or joint controllers] based in the United Kingdom who require reporting of processing activities in certain circumstances.
• 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. When doing so we expect these service providers to treat your personal data securely and only for the purposes intended.
• We may share some details of your personal data with our subcontractors that work with us, including Virtual Assistants, Social Media Managers and other persons required to fulfil our contractual obligations. When doing so we expect these service providers to treat your personal data securely and only for the purposes intended. These service providers only have access to your personal data for the purpose of fulfilling their contract with us and will not use your personal data for their own purposes.

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

We share your personal data within the Hldn Media group. Whilst we are based in the UK; this may involve transferring your data outside the UK.

Some of our external third parties (membership site, email marketing platforms) are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

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 are subject also 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

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.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes and in accordance with UK statutory law.

We keep card details for the duration of the project, these are removed upon completion of contractual agreement and payment fulfilment.

We keep access to your systems/ software during our contractual period, this is deleted 7 days after your project ending. If we are added as users to your account this is your responsibility to remove our access once your contractual agreement comes to an end.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research, statistical or marketing purposes in which case we may use this information indefinitely without further notice to you.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

9. Your Legal Rights

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data: 

• The right to request a copy of the personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary to retain such data;
• The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data; 
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means); 
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics). 

If you wish to exercise any of the rights set out above, please contact Kirsty Holden at kirsty@kirstyholden.com

No fee required – with some exceptions

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 admin 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. Changes to this notice and your duty to inform us of changes

This version was last updated on 22 November 2022 and historic versions can be obtained by contacting us at kirsty@kirstyholden.com

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current. 

11. Queries, requests or concerns

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our DATA PROTECTION OFFICER on kirsty@kirstyholden.com

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

This Privacy Policy is one of multiple important policies on kirstyholden.com They are all listed below for you to read. It is advised that you re-read this from time to time to make sure you are happy with the various policies. 

If you do not agree with any part of the various policies you should cease use of this website immediately and clear your internet browser cache to clear all cookies.