Privacy Policy

1.Introduction

This Privacy Policy describes the type of information that we collect from you (“you/your”) using our Coaching Services (“Services”), how that information may be used or disclosed by us and the safeguards we use to protect it. We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using our Services, you agree to the collection, use and disclosure of information following this Privacy Policy. This Privacy Policy was last updated on 6 April 2021 to add new provisions to the policy applicable regarding GDPR. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed accepted by signing this Agreement. 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 get in touch with us in the first instance. The personal data we hold about you must be accurate and current. Please keep us informed if your data changes during your relationship with us. If you have any comments on this Privacy Policy, please email them tosimone@simoneanzboeck.com

2.Who We Are

2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:

  • Our company name is Prosper Abroad Limited

  • Our registered address is c/o MGB Accountants – Suite 22, Trym Lodge, 1 Henbury Road, Westbury-on-Trym, Bristol, BS9 3HQ;

  • Our nominated representative is Simone Anzboeck and she can be contacted at simone@simoneanzboeck.com.

2.2 We respect your right to privacy and will only process personal information about OR provided by you following the Data Protection Legislation, which for this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws.

3.What we may collect

3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 3.2 We may collect, use, store and transfer different kinds of personal data about you, which we have grouped as follows:

  • Identity Data includes first name, last name, or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.

  • Contact Data includes billing address, invoicing address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments and other information of our Services you have purchased from us.

  • Interaction Data includes any information that you might provide to us in the discussion.

3.3 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 genetics biometric data). Nor do we collect any information about criminal convictions and offences. 3.4 Under GDPR, we will ensure that your personal data is processed lawfully, fairly, and transparently without adversely affecting your rights. Therefore, we will only process your personal data if at least one of the following basis applies:

  1. You have given consent to the processing of your personal data for one or more specific purposes;

  2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

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

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

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

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

3.5 If we receive personal information in the course of providing our Coaching Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention, and you have obtained their consent in the process. 3.6 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location.

4.How we may collect and use your data

4.1 We (or third-party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:

  1. Direct interactions. You may give us your information by filling in forms or corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    1. use any of our Coaching Services;

    2. subscribe to our Coaching Services or publications;

    3. request marketing to be sent to you;

    4. enter a competition, promotion or survey; or

    5. give us some feedback.

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

  1. If you have opted-in to receive our email newsletter, we may send you periodic emails. If you no longer want to receive promotional email from us you can unsubscribe in each newsletter email. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our email list and receive email communications from us.

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

  3. Carry out our contracts with you.

  4. Provide the relevant Services to you.

  5. Tell you our charges.

4.3 If you are already our customer, we will only contact you electronically about things like what was previously sold to you. 4.4 If you are a new customer, you will only be contacted if you agree to it. 4.5 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section, you can let us know at any time by contacting us atsimone@simoneanzboeck.com. We will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you. 4.6 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data in these cases. 4.7 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:

  1. Where we need to perform the contract we are about to enter into or have entered into with you.

  2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  3. Where we need to comply with a legal or regulatory obligation

4.8 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or 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 us atsimone@simoneanzboeck.com, and we will either delete your data from our systems or move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you. 4.9 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

5. Where we store your data and security

5.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so. 5.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield. 5.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected. 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. 5.4 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 5.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure. 5.6 Any payments made by you, will be encrypted. 5.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security. 5.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts. 5.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it. 5.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

6.Disclosing your information

We are allowed to disclose your information in the following cases: 6.1 We are allowed to disclose your information in the following cases: 6.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer. 6.1.2 We can disclose it to other businesses in our group. 6.1.3 We can disclose it if we have a legal obligation to do so, or to protect other people’s property, safety or rights. 6.1.4 We can exchange information with others to protect against fraud or credit risks. 6.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all your data. These are the third parties that have access to your information:

  • Email Services: Gmail

  • Payment services: Stripe

  • Marketing: Active Campaign (only if you subscribed to the newsletter)

  • Online booking: Calendly

  • Analytics: Google Analytics (only if you used the website)

6.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

7.Your rights

7.1 We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in each email). 7.2 Under the GDPR, you have the right to:

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

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

  • be informed of what data processing is taking place;

  • restrict processing;

  • to object to processing of your personal data; and

  • complain to a supervisory authority.

7.3 You also have rights with respect to automated decision-making and profiling as set out in section 8 below. 7.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.Automated Decision-Making and Profiling

8.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us. 8.2 The right described in section 8.1 does not apply in the following circumstances:

  1. the decision is necessary for the entry into, or performance of, a contract between the you and us;

  2. the decision is authorised by law; or

  3. you have given you explicit consent.

8.3 Where we use your personal data for profiling purposes, the following shall apply:

  1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;

  2. Appropriate mathematical or statistical procedures will be used;

  3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and

  4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

9.Dispute Resolution

9.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it. 9.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation. 9.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure. 9.4 Within 14 days of the appointment of the mediator (either by mutual Agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator. 9.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings. 9.6 If the parties agree on a resolution of the dispute at mediation, the Agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them. 9.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme. 9.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.