Purposes of the proceedings and legal basis

“Carol Hill Yoga & Nutrition“ collects and processes personal information in order to manage and develop customer communications, customer and service relationships. You may use certain Services provided by Carol Hill Yoga & Nutrition; the services of Carol Hill Yoga & Nutrition or selected third parties may be marketed to the user with the user's consent; and we may develop the Services and the user experience of the Site by collecting information using cookies and other analytical techniques.

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Legal basis for the processing of personal data

Carol Hill Yoga & Nutrition collects and processes personal data in order to fulfill its obligations under the agreement and to fulfill its obligations under the law. In addition, Carol Hill Yoga & Nutrition processes personal information on the basis of a legitimate interest in order to maintain and develop its business and services.

Contact details

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You can contact:

Carol Hill

hello@carolhill.ch

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The data controller is: 

Carol Hill Yoga & Nutrition
Lausanne, Vaud, Switzerland

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We keep our privacy policy under regular review.  This version was last updated on 2nd March 2023.  It is important that the personal data we hold about you is accurate and current.  Please keep us informed if any of the details you provide to us should change, during the course of your relationship with us.

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

Identity Data
This includes data relating specifically to your identity, such as your first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

Contact Data
This includes data relating to how you may be contacted, such as your billing address, delivery address, email address and telephone numbers.

Financial Data
This includes data relating to your means and methods of payment, such as your bank account and payment card details.

Transaction Data
This includes data relating to the transactions you have carried out with us, such as details about payments to and from you and other details of products and services you have purchased from us.

Technical Data
This includes more technical data that we may obtain when you make use of our website, such as your 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 this website; information about your computer or mobile device including, where available: your IP address; your operating system; your device location; your browser type; cookie identification numbers.

Profile Data
This includes the data that we receive when you create a profile on our website and
make use of that profile, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data
This includes information about how you use our website, products and services.

Marketing Data
This includes your preferences in relation to whether or not you want to receive marketing from us and our third parties and also your communication preferences.

Communication Data

This includes any communication that you send to us through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us.  

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 will treat the combined data as personal data which will be used in accordance with this privacy notice.

Sensitive Personal Data
We collect the following personal data about you in order to deliver our Yoga and Nutrition Education and Coaching services.  Details about your race or ethnicity, religious of philosophical beliefs, information about your diet and health.  

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We collect and process the above data only where it is strictly necessary to do so in order to deliver the service that you have purchased.  Furthermore, we will only collect and process the above sensitive personal data where you have provided us with your explicit consent to do so.

You are not under any obligation to consent to us processing your sensitive personal data.  However, without your consent, we won’t be able to make the necessary arrangements to provide the services that you have booked or are attempting to book.  As a result, if you do not provide your consent, we will be unable to proceed with your booking.
If you are happy to consent to our use of your sensitive personal data, you will also be able to withdraw your consent at any time.  However, as this will prevent us from providing you with the service you have booked, we will be required to treat any withdrawal of consent as a cancellation of your booking and the cancellation charges referred to in our Terms of Service will become payable.

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.  In other words, where we require details from you in order to provide you with your chosen services, if you do not provide us with the necessary details then we will not be able to provide the services you have booked or are attempting to book.  In this case, depending upon when you fail to provide the necessary data, we may either not be able to process your booking or we may have to cancel your booking, in which case we will treat this as a ‘cancellation by you’ in accordance with our Terms of Service.  We will notify you if we are unable to process a booking or are required to cancel a booking for this reason.

2. How we collect your personal data
We use different methods to collect data from and about you including through: Direct interactions
You may give us your Identity, Contact, Dietary, Lifestyle and Financial Data by filling in forms or by corresponding with us by phone, email or otherwise.  This includes personal data you provide when you:

 

- make a booking on our website;
- create an account on our website;
- subscribe to our newsletter or other publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey;
- give us some feedback.

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

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Third parties
We may receive personal data about you from various third parties as set out below:

Technical Data from the following parties:
- analytics providers [such as Google based outside the EU];
- advertising networks [such as Google based outside the EU].
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as Stripe based inside the EU].
- Other third-party sources or program provider and other service providers.

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3. 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:

-  Where we need to perform the contract we are about to enter into or have entered into with you.
-  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.
-  Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending 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.

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Purposes for which we will use your personal data
We have set out a description of all the ways we plan to use your personal data, which of 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 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.

- To register your interest in a service offering.
- To register you as a new customer.
- To process and deliver your booking including: Manage payments, fees and charges
and collect and recover money owed to us.
- To manage our relationship with you which will include: Notifying you about changes to
our terms or privacy policy, and asking you to leave a review or take a survey.
- To enable you to partake in a prize draw, competition or complete a survey.
- To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
- To deliver relevant website content and advertisements to you and measure or
understand the effectiveness of the advertising we serve to you.
- To use data analytics to improve our website, products/services, marketing, customer
relationships and experiences.
- To make suggestions and recommendations to you about goods or services that may be
of interest to you.
- To monitor our communications with you in order to check any instructions given to us,
for training purposes, for crime prevention, to improve the quality of our customer service and to defend legal claims.

4. Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. The following sections provide further explanation as to how we seek to do this.

 

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 services and offers may be relevant for you (we call this marketing).

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Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party company for the purposes of that company sending you marketing material.

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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 contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data that you have provided to us as a result of a purchase of services or other such transactions.

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Monitoring communications
We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.

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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.

5.  Disclosures of your personal data
We may have to share your personal data with third parties set out below:

- Providers who provide IT and system administration services

- Professional advisors acting as processors or joint controllers including including lawyers, bankers, payment merchants, auditors and insurers who provide consultancy, banking, legal insurance and accounting services. 

- Medical or Social care authorities as required by law.

- Any legal or crime prevention agencies and or to satisfy any regulatory request if we have a duty to do so or if the law allows us to do so.

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.

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6.  International transfers
A number of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Where you have requested a booking for services which are located or otherwise due to be fulfilled outside the EEA, we will have to transfer your personal data to the suppliers fulfilling or providing those arrangements outside the EEA in order to make your booking and for those suppliers to be able to provide you with the arrangements you have booked. Where we are unable to rely on one of the safeguards outlined below when transferring data to those suppliers outside the EEA, we will rely on the derogation under Article 49 of the GDPR in order to transfer your personal data to countries outside the EEA ( as the transfer relates to the performance of a contract for your benefit), and you hereby permit us to do so.  You also acknowledge that where your personal data is transferred outside the EEA, controls on data protection may not be as wide as the legal requirements within the EEA.  For all other transfers of data, whenever your personal data is transferred outside the EEA, 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 by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

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 European Commission: EU-US Privacy Shield.

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

 

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 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.

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8.  Data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.
We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.  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.

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

In some circumstances you can ask us to delete your data: see Request erasure below for further information.  In some circumstances we may 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.

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9.  Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.

If you wish to access, remove or edit the data, please contact us.  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 may refuse to comply with your request in these circumstances.

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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.

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.

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You have 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 it. 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 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. 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the local supervisory authority for data protection issues.  We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please email us in the first instance at hello@carolhill.ch

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10.  Third-party links

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.

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11.  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.

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