CALM Training Ltd

Privacy policy

CALM Training Ltd (CALM, we, us and our) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you access our Platforms (which include myCALM and The CALM Hub), visit our website (regardless of where you visit it from), attend our training courses, book or administer training courses or provide CALM Training courses and tell you about your privacy rights and how the law protects you.

Purpose of this Privacy Policy

This privacy policy aims to give you information on how we collect and process your personal data.

Our Platforms and our website are not intended for children, and we do not knowingly collect data relating to children.

Controller

CALM Training Ltd is the data controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy notice or our data protection practices, please contact our DPO using the following details:

Telephone: 01259 763681

Email: info@calmtraining.co.uk

Post: Data Protection Officer, CALM Training, Unit 77, Alloa Business Centre, whins Road, Alloa. FK10 3SA

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.

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.

Third-party links

Our Platforms and our website and Course materials 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 Platforms or our website, we encourage you to read the privacy policy of every website you visit.

The data we collect about you

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).

Where you access our Platforms, our website or attend a Course delivered by us or by a trainer operating as an in-house instructor or associate, we will act as a controller of your personal 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, maiden name, last name, username or similar identifier, marital status, title, profession, date of birth, gender and details of the school or organisation you are associated with.
• Contact Data includes address, email address and telephone
• Course Data includes details of courses you have attended together with any certifications obtained, any dietary requirements you have notified to us and any relevant disability or healthcare information you have provided to us in order that we can make reasonable adjustments to the training being provided.
• Financial Data includes bank account and payment card details – although we typically engage with organisations not individuals, we may be provided with payment cards which are in the names of individuals at the organisation.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website or digital platforms.
• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our Platforms, our website, Courses and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

To the extent that any Special Categories of Personal Data are collected via our Platforms or our website or by a trainer (this is most likely to include information that you provide about your health) it will be for the purpose of making appropriate adjustments to accommodate your specific needs when you receive training from us or in-house trainers. Your eligibility to receive training is not determined by any Special Categories of Personal Data. The lawful basis for processing data is for the performance of a contract with you, and the condition for processing Special Categories of Personal Data under Article 9 UK GDPR is explicit consent under Article 9(2)(a) UK GDPR.

If you would like to withdraw your consent to us holding any Special Categories of Personal Data please inform us and we will action that withdrawal.

If you fail 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.

How is your personal data collected?

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

• Direct interactions

You may give us personal data including your Identity Data, Course Data, Contact Data, Special Categories of Data and Marketing Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• create an account on our Platforms or our website
• apply to become an in-house instructor or associate
• request details of our services
• register for and attend Courses delivered by us
• subscribe to our service or publications
• request marketing information to be sent to you
• give us feedback or contact
• Automated technologies or interactions

As you interact with our Platforms or our website, we will automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

• Third parties or publicly available sources

We will receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

• analytics providers
• advertising networks including social media retargeting based outside the UK
• search information providers such as Google based outside the

Contact and Financial Data from providers of technical, payment and delivery services such as WooCommerce, Totara and Salesforce.

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 a contract: where we need to perform the contract, we are about to enter into or have entered into with you.
• Legitimate interests: where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those Legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and 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).
• Legal obligation: where we need to comply with a legal In certain situations, we may be obligated to disclose Personal Data to other parties, including government entities and regulators, to the extent necessary to: (i) comply with a government request or applicable law and to respond to legal process, (ii) prevent illegal uses of our platforms or violations of our platform’s Terms of Use and our policies, (iii) defend ourselves against third party claims, and (iv) assist in fraud prevention or investigation (e.g., counterfeiting). 

Generally, we do not rely on consent as a legal basis for processing your personal data unless specifically indicated (for example where you provide us with Special Category Data in relation to booking a Course).

You have the right to withdraw consent to marketing communications at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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 us 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 provide you with choices regarding certain personal data uses, particularly around marketing and advertising undertaken by us and our group companies.

We may use your Identity, Contact, Technical and Usage 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 services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, expressed in an interest in our services or registered with or provided your details to us via our Platforms or on our website, or received services from us, and you have not opted out of receiving that marketing.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service experience or other transactions.

Cookies

Our Platforms and our website use cookies to distinguish you from other users of myCALM, The CALM Hub and our website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. This helps us to provide you with a good experience when you browse our Platforms and our website and also allows us to improve our Platforms and our website.

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 our Platforms and our website may become inaccessible or not function properly.

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 contact us.

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.

Disclosures of your personal data

We may share your personal data with the parties listed below:

• Service providers acting as processors based inside and outside of the UK such as Salesforce and who are based in the USA who provide IT and system administration services, including in relation to The CALM Hub.
• The organisation which employs, will employ or has employed you where we are sharing details of Courses you have attended or are to attend.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
• The British Institute of Learning Disabilities (BILD) and BILD Act with which we share information relating to BILD certified trainers and organisations.

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.

Use of Artificial Intelligence

As part of our commitment to innovation and efficiency, we may adopt new technologies from suppliers that incorporate cloud-based solutions and artificial intelligence (AI), including generative AI capabilities.

We may use AI technologies in various aspects of our business operations, including but not limited to:

• generating and optimising job advertisements for recruitment purposes
• generating narratives from our impact data and incident management data
• supporting marketing initiatives and content creation across various business

Before we adopt any cloud-based technologies or AI solutions, we conduct comprehensive due diligence on the supplier of the relevant technology, including reviewing their data protection and security measures. We also ensure that any output generated by these technologies is reviewed and validated by appropriately experienced and qualified team members before being used in our business.

International transfers

Many of our external third parties are based outside the UK, including: (i) Salesforce who are based in the USA but store data in the UK; (ii) Totara who are based in Ireland; and (iii) Xero who are based in the New Zealand and store data in the USA so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• 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.

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

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 any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

Generally, we will keep your Personal Data for the duration of our relationship with you. After our relationship ends, we will retain your Personal Data for a period of time that permits us to satisfy the following purposes: record retention as may be required by applicable law; for use in a legal claim or proceeding; or to address any complaints regarding our Services. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

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

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right 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 You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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, at the time of 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• 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
  • Where our use of the data is unlawful, but you do not want us to erase
  • 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.
  • 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. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable 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.

If you wish to exercise any of the rights set out above, please contact us.

If you are located in Australia, please also refer to the “Australian Addendum” at the end of this policy for additional information about your rights under local privacy laws.

No fee usually required

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 could 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 could 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.