A Note now the UK has left the European Union
On 31st December, 2020, at 11pm, the UK left the European Union. At this point certain EU laws, including GDPR, fell back to UK domestic law equivalents. To cover the immediate future, the EU and UK governments have put in place a “EU-UK Trade and Cooperation Agreement interim bridging mechanism for personal data“, due to last for a 4-6 month period*+. For details on this please see this UK Government link.
If you live outside the UK and your personal information was provided to us prior to 31st December, 2020, then this is now called ‘Legacy Data‘. Legacy data also covers personal data provided while the new Cooperation Agreement is in place (i.e: under ‘provision of EU law that applies in the UK by virtue of the Withdrawal Agreement‘).
In the meantime, GDPR still remains in UK law although now being maintained alongside the UK Data Protection Act (2018). It is now called ‘UK GDPR’ and equates to the ‘frozen GDPR‘ as it stood on 31st December, 2020 (ie any changes made to EU GDPR in 2021 and beyond do not apply in the UK)
Note that John Scott Yoga is not classed as a Relevant Digital Service Provider and as such we are exempt from the NIS Regulations and Directive on digital provision. We are however, still bound by the EU E-Commerce directive as we are providing access to our content to our students in Europe.
John Scott Yoga Apps is run on behalf of John and Julia from the UK and as such falls under the jurisdiction of the UK GDPR policy. If you do not wish any information you provide us through this site to be stored or processed in the UK please do not continue using this site
*Note: Agreement also ends if the UK makes a change to these laws that the EU does not agree with.
+ As a small business, we are following the details of this ICO document
Please see the associated Terms and Conditions which go in partner with this Privacy Notice
This Privacy Notice sets out how John Scott Yoga Apps uses and protects any information that you give John Scott Yoga Apps when you use this website
John Scott Yoga Apps is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then be assured that it will only be used in accordance with this privacy statement
John Scott Yoga Apps may change this Privacy Notice without notice. You should check this page from regularly to ensure that you are happy with any changes.
This policy is effective from 3rd February, 2020
2. UK General Data Protection Regulation (UK-GDPR)
The UK General Data Protection Regulation (here after “UK GDPR”) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all UK and EU citizens data privacy and to reshape the way organizations across the region approach data privacy
The key articles of the UK GDPR, as well as information on its business impact, can be found on the dedicated site by clicking here (opens in new window). The Supervisory Authority for this site is the Information Commissioner’s Office (UK) – click here for their site. The GPPR becomes law in Europe on the 25th May, 2018 and was replaced on 30th January, 2020 when the UK withdrew from the European Union and entered the transition period (due to end 31st December, 2020)
Note that we may integrate to third party when processing your data (storage of email contacts).
3. UK GDPR
This chapter covers some basic things about the UK GDPR that you should know and that we need to adhere to. It covers terms like ‘Data Subject” (You) and ‘Controller” and “Processor” (Us)
3.1. Scope (UK GDPR Article 3)
The UK GDPR covers the protection of UK and EU citizens regardless of where this data is stored or processed. Even a website on the other side of the planet, if it is intending to process data for UK and EU citizens, must conform to the UK GDPR regulations
3.2. Principles (UK GDPR Article 5)
In protecting UK and EU citizens’ data the UK GDPR looks to the following principles regarding your data :-
“Data is specified, explicit and legitimate”. When we ask you for your data we are required to tell you what it is for in terms that specify exactly what it is we need, why we need it and that when we explain this it is written out in clear and understandable terms
The 5 main principles the UK GDPR sets out are as follows:
- Data Minimisation
- Storage Limitation
- Integrity and Confidentiality
For fuller details please see John’s main site by clicking here
3.3. Lawfulness of Processing (UK GDPR Article 6)
This article essentially lays out that we have to ask you for your consent to process your data, that the processes we’re going to put that data through is relevant to our activity of providing the services we have for you and that there’s a real need for the data collection in order for us to proceed
3.4. Conditions for Consent (UK GDPR Article 7)
This is one of the more important articles that you should be aware of. There are 3 main parts to it as follows :-
- We are required to … “demonstrate that the data subject has consented to processing of his or her personal data”. You have to actively agree to us processing your data
- Any form we present to you requires to be … “clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language”.
- This is the important one you should know about. You … “will have the right to withdraw [your] consent at any time. It will be as easy to withdraw as to give consent”. This should make all of that a whole lot easier to do
3.5. Conditions Applicable to Child’s Consent (UK GDPR Article 8)
At this point and going forward we’re not going to ask for any data from children. This is a specific condition in our Terms and Conditions
3.6. Processing Special Categories (UK GDPR Article 9)
The “Special Categories” cover data which reveals any of the following:-
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- genetic or biometric data concerning health
- details of sex life or sexual orientation
We won’t be asking you for any of the above.
4. UK GDPR Chapter 3: Your Rights (Rights of the Data Subject)
This chapter covers your rights under UK GDPR
4.1. Transparent Information, Communication and Modalities (UK GDPR Article 12)
UK GDPR allows you to request information about your data from us. It lays out regulations on what we are required to do when fulfilling this. Where you ask us we are required to provide :-
- data “in a concise, transparent, intelligible and easily accessible form, using clear and plain language”
- data “orally” where we’ve previously identified you
- information on “any action taken on a request”. We need to keep you informed
- the information “free of charge”. It’s free unless your request is deemed to be excessive
4.2. Information to be Provided (UK GDPR Article 13)
Here’s what we need to tell you when we ask you directly for any of your information :-
- contact details of the controller
- Data Controller, John Scott Yoga. Please contact via John’s Facebook Group
- contact details of the data protection officer
- At the moment we’re not required to have one but you can use the details above in the meantime
- the purposes of the processing
- Email Communication – we need your contact details to reply to the questions you are asking us
- the legitimate interests pursued by the controller
- We’re genuinely interested in supporting you when you use one of our apps.
- the recipients or categories of recipients of the personal data
- We make use of the following services internally – Email Services. Your email will be held on our email servers or on external emails services provided by third party solutions (Mail Poet and Mail Chimp)
- if we “intend to transfer personal data to a third country or international organisation”
- We won’t share or sell your information to anyone (other than those organisations and services named above)
We are also required to tell you :-
- the period for which the personal data will be stored
- Your contact details are held on our email servers until we process your request. At that point your email address, your request and any other information you supply to us will be permanently deleted.
- Data Subject Access Requests that you have the right to:-
- request access
- rectification or erasure of personal data
- restriction of processin
- object to processing
- data portability
- withdraw consent at any time
- lodge a complaint with a supervisory authority
- the provision of personal data is a “statutory or contractual requirement, or a requirement necessary to enter into a contract”
- there is no explicit contract between you and us, you’re simply sending us a request to answer a question We really don’t think we need you to sign a binding contract to provide this service to you
- you are “obliged to provide the personal data and of the possible consequences of failure to provide such data”
- No, you’re not obliged to provide the data to us. You’ll need to supply your contact details for as we need somewhere to send your reply. You will, however, need to confirm that you are 16 years or older
- the “existence of automated decision-making, including profiling”
- We use Google Analytics. This helps us provide details to John on places where we think he should consider visiting
- the provision of personal data is a “statutory or contractual requirement, or a requirement necessary to enter into a contract”
For fuller details abut your rights please see John’s main site by clicking here
5. What We Collect
We may collect the following information:
- name and other registration details (id, password etc)
- contact information including email address
- demographic information such as postcode, preferences and interests
- information relevant to helping us refine and improve the efficiency and presentation of our products and applications
- other information relevant to customer surveys and/or offers
We do not collect:
- information that identifies you as a specific individual other than above where you specifically supply us with registration details. Please note: Mobile applications which do not present a registration screen may identify you as a specific unique user-id (number) within our systems – see 5b below
- any location or geo-positioning information about you (longitude, latitude etc)
- any of your details held in secondary applications such as contacts, mail applications and the like
6. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests
- Improve the efficiency and interface of our presentation to you. i.e. we may find that a specific item is being regularly visited so we may move this item to a more prominent spot on our website or application
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
8b. Mobile applications
Mobile Applications provided by us may identify themselves uniquely to our online systems by means of a unique user identifier (number) allocated to them when the application is first used online where such facilities are available to the application. This is similar to what Google calls the ‘client ID’.
This number bears no resemblence to any existing UDID or identifier associated with the mobile device.
This number can not be used to determine your location or any other details about you unless you specifically provide this information and grant us permission to do so. This information will never be shared with any third party.
9. Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question
10. Controlling your personal information
See the section on GDPR above especially on the Data Subject Requests
11. Google Analytics
Under section ‘7. Privacy’ of Google Analytics Terms of Service:
- we must not circumvent any privacy features (e.g. an Opt-out)
- we agree to the terms set out by Google for developers using their products and SDKs. You can see the details of this by following this link (external website)
See Google’s Terms of Service by following this link (external website)
We will never share, sell or trade information that we collect with any third party
Please note that the Lite application does not gather any analytical information