TEAM DYNAMIS LIMITED

Privacy Notice

1. Who we are

We are TEAM DYNAMIS LIMITED (the Company), a company incorporated in Scotland with registered number SC444639 and having its registered office address at Summit House, 4-5 Mitchell Street, Edinburgh, Scotland, EH6 7BD.

We are a controller for the purposes of the UK General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018, except in relation to certain services we may carry out for our clients where we may be a processor.

2. How to contact us

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

• By post: Summit House, Mitchell Street, Edinburgh, EH6 7BD
• By phone: 0844-812-9795
• By email: info@dynamis.training

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.

3. Privacy Information

We are committed to protecting your personal data and your privacy. It is important that you read this privacy notice so that you are fully aware of how and why we are using your personal data. 

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.

This version of our privacy notice was last updated on [DATE].

4. To whom does this privacy notice apply?

This privacy notice applies to:

• Website visitors: all individuals who visit our websites www.dynamis.training and www.positivehandling.co.uk (or any other domain name registered in our name) (the “Websites”);
• Customers/Clients: all individuals who enquire about our services, purchase our services or are otherwise existing, former or prospective customers/clients of the Company;
• Customer contacts/Client contacts: all individuals who are our customer/client contact persons where the individual’s organisation (including, but not limited to, any public authorities, universities or schools) is or has been our customer/client;
• Business contacts: all individuals who are our business contacts where the individual or the individual’s organisation are our sub-contractors, supply goods or services to us, provide professional services, have expressed an interest in us (including by contacting us by post, telephone, e-mail, social media or other means) or have any other business relationship with us (including where the individual’s organisation is a public authority, an industry body or regulatory authority or similar).

This privacy notice does not apply to existing, former or prospective employees or workers of the Company or to the directors and shareholders of the Company.

This privacy notice also does not apply to individuals who are staff or other related individuals of our clients (client-related individuals) whose personal data is provided to us by our clients in our capacity as processors on behalf of our clients. In such circumstances, the privacy statements of our relevant client will apply.

Where we obtain personal data about a client-related individual, in certain circumstances we may not be able to provide our privacy notice to such a person, as the disclosure that we hold such personal data may seriously impair the purposes for which we process such personal data. 

5. Information about our Website 

Our 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 we 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.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

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 the Website may become inaccessible or not function properly. 

6. Children

Our Website is not intended for children and we do not knowingly collect any personal data relating to children.

7. About the personal data that we collect and process

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 

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

• Identity Data includes first name and last name. 
• Contact Data includes home or work address, email address and telephone numbers.
• Technical Data includes IP address.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us. 
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
• Employment Data includes job title and role.
• Medical Data: medical conditions, pains, injuries and other medical reasons which would prevent you from benefiting from our services.

Please note that we may process your personal data without your knowledge or consent,  where this is required or permitted by law.

We also collect, use and share “Aggregated Data” such as statistical or demographic data relating to use of our Website. 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 feature of, or specific product offered via, our Website. 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.

8. How is your personal data obtained?

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

• Direct interactions. You may give us your identity, contact, technical, transaction, marketing and communications, employment, medical or similar personal data when you visit us in person or when you correspond with us by post, phone, e-mail, social media or otherwise, including when you contact us via our Website.

• Direct interactions with business contacts. You may give us your identity, contact, technical, transaction, marketing and communications, employment, medical and other personal data when you or your organisation:

• enquire about our services; 
• order our services online or by telephone;
• enter into a contract with us; 
• request marketing to be sent to you or your organisation or sign up to our e-mail newsletter;
• give us some feedback or provide a review;
• you provide us with your business card. 
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
• where you are a business contact, your organisation or business may provide us with your identity, contact and employment data and we may receive information from third party references or from professional advisers.
• we may obtain identity and contact data from publicly available sources such as social media, Companies House or other organisations’ websites.
• we may obtain contact, technical and transactional data from providers of payment and credit card services or from providers of delivery services.
• we may obtain technical data (relating to the use of our Website) from analytics providers or search information providers.
• Video recordings. We make video recordings during our face-to-face training sessions and therefore we will capture images of any participants in such training sessions.

9. Failure to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

10. Marketing

If you are an individual client or consumer customer (including a prospective customer/client), we will only provide you with direct marketing communications where you have consented to receive such communications or you have contacted us directly to request specific information about our products. You can subscribe to such marketing communications, and you can adjust your marketing preferences at any time by contacting us using the contact details above. 

If you represent another business (you are a business contact or a corporate client contact), we may provide you with direct marketing communications (by e-mail, post or telephone) where we feel that this may be relevant to your business (provided that you have not opted out of such communications). When we use your personal data for such purposes, we do so on the basis that it is in our legitimate interests to pursue direct marketing, provided that it constitutes fair processing of your personal data to do so.

You can also opt-out or unsubscribe from all or some of these marketing communications at any time by contacting us using the contact details above.

Where you opt out of receiving these marketing communications, this opt-out will not apply to personal data provided to us for any other purpose.

11. With whom do we share your personal data?

There may be circumstances in which we may also need to share your personal data with certain third parties (strictly on a confidential, business need-to-know basis). The third parties to which we may transfer your personal data include:

• Where you are a business contact, your business or organisation, for the purpose of receiving services from your business or organisation or otherwise.
• Service providers acting as processors who provide IT and system administration services (including managed IT service providers).
• Professional advisers including lawyers, accountants, auditors and insurers who provide consultancy, legal, insurance and accounting services.
• Payment or credit card service providers, including electronic point of sale systems in-store and merchant services in-store and online.
• Any relevant regulatory authority or law enforcement agency, including HM Revenue & Customs, courts or tribunals 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 in the same way as set out in this privacy notice.

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.

Any sharing of your personal data will only take place either where we are legally obliged to do so, where it is necessary for the performance of a contract with you or where it is in our legitimate interests to do so, including as follows:

• to maintain network and information security;
• to provide services to our customers and to manage customer relationships;
• to develop and improve our services in order to remain competitive;
• to establish, protect and defend our legal rights and duties;
• to pursue our commercial objectives where this does not override your rights and freedoms as a data subject.

12. International transfers

We generally do not transfer your personal data out of the United Kingdom. However, some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. Whenever we are required to transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented: 

• your personal data is only transferred to countries that have been deemed to provide an adequate level of protection for personal data by the ICO; or
• appropriate safeguards (including use of specific data protection contracts approved by the European Commission or ICO) are implemented; or
• where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK; or 
• one of the permitted derogations set out in Article 49 of the UK GDPR applies, including your explicit consent to the transfer of your personal data.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

13. Automated decision making and profiling

We do not use automated decision-making (including profiling) to make any decisions which would produce a legal effect or similarly significantly affect a data subject.

14. How long do we retain your personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

15. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and the Information Commissioner’s Office of a breach where we are legally required to do so.

16. Your rights

Your personal data is protected by legal rights, which include your rights to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, following your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. 
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party (data portability). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

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.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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.

You also have the right to complain to the Information Commissioner’s Office, which regulates the processing of personal data.