Welcome to the D’Silva Limited’s (collectively referred to as “Garuda”, “we”, “us” or “our”) privacy notice.
Garuda respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively you can download a pdf version of the policy here [LINK]. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
- [IMPORTANT INFORMATION AND WHO WE ARE]
- [THE DATA WE COLLECT ABOUT YOU]
- [HOW IS YOUR PERSONAL DATA COLLECTED]
- [HOW WE USE YOUR PERSONAL DATA]
- [DISCLOSURES OF YOUR PERSONAL DATA]
- [INTERNATIONAL TRANSFERS]
- [DATA SECURITY]
- [DATA RETENTION]
- [YOUR LEGAL RIGHTS]
Purpose of this privacy notice
This privacy notice aims to give you information on how Garuda collects and processes your personal data through your use of our website(s), including any data you may provide through this website when you sign up to one of our newsletters, request further information about Garuda courses, classes, workshops or retreats, using your trainer subscription or, if you are a potential staff, current staff or a supplier.
We collect, use and are responsible for certain personal data about you. When we do, we are subject to the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), which applies across the European Union (including in the UK at the moment), and the Data Protection Act 2018, together the “Data Protection Legislation”) under which we are responsible as ‘controller’ of that personal information for the purposes of those laws.
It is important that you read this privacy notice together with any other privacy notice or fair processing 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.
How to contact us
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: D’Silva Limited
Name of the Data Privacy Manager: Alison Beecham
Email address: firstname.lastname@example.org
Postal address: 7 Granard Business Centre, Bunns Lane, Mill Hill, London, NW7 2DQ
Telephone number: 0207 4834644
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) who may be contacted at https://ico.org.uk/concerns or by telephone: 0303 123 1113, or by post to the Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance, using the above details.
Changes to the privacy notice and your duty to inform us of changes
We may change this privacy notice from time to time, when we do we will inform you via our website and, if appropriate, by email.
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 was last updated on 9 October 2019.
Our websites 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 websites, we encourage you to read the privacy notice of every website you visit.
Personal data 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 includes first name, last name, username or similar identifier, marital status, title, date of birth and gender information if you choose to give this to us from website users, trainers, students, potential staff and suppliers.
- Characteristics Data: gender, ethnicity, nationality, country of birth, country of domicile from trainers and students.
- Disabilities Data: any disabilities from trainers, students, potential staff.
- Historical Data: includes CVs, prior attainment levels and the details of previous educational institutions attended from trainers, students, potential staff.
- Employment Data: includes employment status details and your professional online presence, for example LinkedIn profile from trainers and potential staff.
- Criminal Data: includes criminal convictions and offences from trainers and potential staff.
- Contact Data includes your home address, email address telephone numbers, your emergency contact name, number, relation to you from website users, trainers, students, potential staff and suppliers.
- Financial Data includes bank account and payment card details from website users, trainers, students and potential staff.
- Transaction Data includes details about payments to and from you and other details of any courses, classes, retreats and related materials you may have purchased from us from website users, trainers and students.
- 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 websites from website users.
- Profile Data includes your username and password, preferences, feedback and survey responses from website users, trainers and students.
- Usage Data includes information about how you use our websites and services from website users, trainers, students, potential staff and suppliers.
- Location Data includes your location, if you choose to give this to us from website users.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences from website users, trainers, students, potential staff and suppliers.
This personal data is required to provide services to you (in the case of students, trainers, potential staff, staff or website users), or (in the case of suppliers) to purchase goods and/or services from you. If you do not provide the personal information we ask for, it may delay or prevent us from providing services to you, or purchasing goods and/or services from you.
When you enrol for one of our courses, classes, workshops or retreats, we may collect Special Categories of Personal Dataabout you (which may include, for example, Characteristics Data, Disabilities Data, and Historical Data and these include 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). We may also collect information about criminal convictions and offences as part of enrolment processes for Garuda Master Trainers/Teachers, for use in connection with this Privacy Notice.
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 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.
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- enrol for one of our courses, classes and/or workshops
- register for an event or a retreat;
- subscribe to our trainer programme
- request marketing to be sent to you;
- submit an enquiry or contact form;
- complete a survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We will provide you further details about the cookies or other similar technologies we use, prior to being used.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as your name and location in the EU.
- 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 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.
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.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a student or a trainer or user of one of our websites||(a) Identity
|Performance of a contract with you|
|To provide services to you (in the case of trainers and students] or purchase goods and/or services from you (in the case of suppliers).||(a) Identity
|Performance of our contract with you or to take steps at your request before entering into a contract.|
|To process your enrolment including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e)Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of our content and the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how students, trainers (in general customers) use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our websites, products/services, marketing, student relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about services that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We call the above grounds Fundamental Grounds in the rest of this section.
When we process “special categories of personal data”, we will process these data on one or more of the Fundamental Grounds together with one or more of the following lawful grounds:
- Where we have obtained your explicit consent.
- Where we need to assess your capacity to enrol to our courses.
- Where we need to collect these types of information for statistical purposes.
- Where we need to in order to protect your health and well-being or the health and well-being of someone else – for example, other students, trainers – and you cannot give your consent, or we cannot be expected to obtain your consent, or where you have unreasonably withdrawn your consent.
- Where we need to collect and use information about your race or ethnicity to identify or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and, where we do so. we will put in place appropriate safeguards for your rights and freedoms.
When we process Criminal Data, we will process this data for one or more of the Fundamental Grounds and because we are authorised to do so under the laws of the United Kingdom or because we are doing it under the control of an official authority.
Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Information about related courses/subjects 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 (we call this marketing).
You will receive marketing communications from us if you have requested information or a prospectus from us or if you provided us with your details when you supplied feedback and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside Garuda for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time 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 provided to us as a result of you requesting information about the College or other interactions.
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.
We routinely share personal information with:
- Service providers acting as processors who provide IT and system administration services;
- third parties we use to help deliver our services to you: for example, payment service providers and banks;
- other third parties we use to help us run our business: for example, marketing agencies, website hosts or software providers, such as Microsoft or other software providers;
- third parties approved by you: for example, social media sites you choose to link your account to or third party payment providers, such as LinkedIn;
- third parties where we have a duty to or are permitted to disclose your personal information by law (e.g., government agencies, law enforcement, courts and other public authorities);
- providers of ID and other background checks (criminal record screening/pre-employment checks) on our potential staff and trainers
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensuring that they can only use your personal information to provide services to us and to you. We may also share personal information with our accountants, in relation to the proper preparation of our accounts.
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example:
- with our service providers located outside the EEA;
- with trainers, students or suppliers located outside the EEA;
- if you are based outside the EEA; or
- where there is an international dimension to the services we are providing to you.
Whenever we transfer your personal data out of 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.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
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.
How long will you use my personal data for?
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 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 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.
In some circumstances you can ask us to delete your data. Please contact us 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.
Under certain circumstances, you have rights under data protection laws in relation to your personal data, including a right to:
- request access to your personal data
- request correction of your personal data
- request erasure of your personal data
- object to processing of your personal data for marketing purposes
- request restriction of processing your personal data
- request transfer of your personal data in certain circumstances
- right to withdraw consent to our processing of your data, in certain circumstances.
If you wish to exercise any of the rights set out above, 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.
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.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
YOUR LEGAL RIGHTS
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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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.