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Effective date: Apr 2022
By using Spiritualgradient.com you agree to be bound by these terms, which shall take effect immediately on your first use of Spiritualgradient.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Spiritualgradient.com. We may change these terms from time to time and so you should check these terms regularly. Your continued use of Spiritualgradient.com will be deemed acceptance of the updated or amended terms. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a member and make use of the Services available only to members, you must read this Agreement and indicate your acceptance during the Registration process.
Spiritualgradient.com is to be used only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing, causing distress or inconvenience to any person, and transmitting obscene or offensive content.
By using the Services, you represent and warrant that all registration information you submit is truthful and accurate; that you will maintain the accuracy of such information (including your email address); where registration as a member is required in order to use a Service you are 16 years of age or older; and that your use of the Services does not violate any applicable law or regulation.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Spiritualgradient.com immediately by emailing [email protected] if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The service offered by Spiritualgradient.com is for the personal use of users, or where specified, members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Spiritualgradient.com. Illegal and/or unauthorized use of services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website is prohibited. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the website.
Spiritualgradient.com does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials (collectively known as content) that you post or email to the website. After posting or emailing your content to the website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose although we would appreciate that your content include that it was posted on Spiritualgradient.com first. By displaying, emailing, publishing or submitting for display or publication (posting) any content on or through the website, you hereby grant Spiritualgradient.com a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of content, transmission and distribution of content on and through the website, or published in its different present and future forms, for example, newsprint, Braille, talking book, electronic databases, e-book, website or any other facsimile or derivative versions in any medium. You represent and warrant that: (i) you own the content posted by you on or through Spiritualgradient.com or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content posted by you to or through Spiritualgradient.com. Please note that it is the policy of Spiritualgradient.com to publish work only by request of the author, or by their express permission, and that no work shall be posted without the author’s prior consent. The Website contains content owned by Spiritualgradient.com which is protected by copyright, trademark, patent, trade secret and other laws. Spiritualgradient.com owns and retains all rights and hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the website and using its services. The website contains content owned by Users and other licensors to Spiritualgradient.com. Except for content posted by you, you may not unless and to the extent otherwise specifically authorised by Spiritualgradient.com commercially exploit, perform, or sell any content appearing on or through the Website. You may copy (but not modify), translate, publish, reproduce, broadcast, transmit, distribute, and display content as long as Spiritualgradient.com is sourced. You may retrieve and display content from the website on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc for your personal non-commercial use.
Spiritualgradient.com may delete, or in pre-moderated areas of the website refrain from posting any content that in its opinion violates the Agreement and/or breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. However, Spiritualgradient.com assumes no responsibility for the content (other than what it owns), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. You are solely responsible for the content that you post on or through the Website as well as any material or information that you transmit to other Users and for your interactions with other Users. Spiritualgradient.com does not endorse and has no control over content posted by Users. Spiritualgradient.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit. If you post a comment, the following rules must be abided by: · Contributions must be civil and tasteful. · No disruptive, offensive or abusive behaviour: contributions must be constructive and not contributed with the intention of causing trouble. · No unlawful or objectionable content: Any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually-oriented, racially offensive or otherwise objectionable material is not acceptable. · Be patient: users of all ages and abilities may be taking part in the discussion. · No spamming or off-topic material: We don’t allow the submission of the same or very similar contributions many times. Please do not re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas. · Contributions containing languages other than English may be removed unless allowed in the relevant rules. · No inappropriate (e.g. vulgar, offensive etc) user names. · URLs (web site addresses) can only be posted if allowed under any relevant rules.
If you want to reach our moderators to report offensive contributions, please e-mail them at [email protected]. When reporting about another user’s contribution, make sure you state why you think it has breached the agreement, and please note, disagreement with someone’s views is not a reason to report them. When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but please be assured that all complaints will be checked promptly and professionally. In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our agreement or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.
We will not respond unless required to do so by law to any electronic mail sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material. All articles received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should make it clear in your email, and include your name, address and, if applicable, a contact telephone number. Your email should explicitly state that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. We will not disclose any personal information under any circumstances of any staff. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 6 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Spiritualgradient.com prohibits use of the website and/or the services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the website by another User in a way that constitutes copyright infringement, please notify us at [email protected]. We will take such action (if any) that we in our absolute discretion deem appropriate.
The provider is not responsible for any incorrect or inaccurate content posted on the website, and neither are we responsible for any user-generated links or linked-to content. Spiritualgradient.com is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Spiritual Gradient Ltd personnel. Inclusion of any linked website on Spiritualgradient.com does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Spiritualgradient.com is not responsible for the conduct, whether online or offline, of any User of the website. It also assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication or any content. Spiritualgradient.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall Spiritualgradient.com be responsible for any loss or damage resulting from use of the website, attendance at an event organised through the Website or the Services, from any content posted on or through the website.
This agreement dated [dateOf], is between Spiritual Gradient LTD (the “Mentor”) and [clientFirstName] [clientLastName] (the “Client”) whereby the Mentor agrees to provide mentoring services (the “Mentoring Services”) for the Client under the following conditions.
Mentoring is a partnership (defined as an alliance, not a legal business partnership) between the Mentor and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. The Mentor will engage the Client in direct and personal conversations and the Client understands that successful Mentoring requires a cooperative and collaborative approach between the Client and Mentor. Mentoring may address specific personal projects, business successes, or general conditions in the Client’s life or profession. Other Mentoring services include value clarification, brainstorming, identifying plans of action, examining modes of operating in life, asking clarifying questions, and making empowering requests or suggestions for action. In the Mentoring relationship, the Mentor plays the role of a facilitator of change, but it is the Client’s responsibility to enact or bring about the change. Each Client is an individual and the Client acknowledges and agrees that the results obtained by that Client will be different from any other Client receiving our Mentoring Services. The services to be provided by the Mentor to the Client are provided online on the internet. The Client may from time to time supplement the mentoring activities with email and text communication with the Mentor when relevant and appropriate, where services indicate unlimited email and text support fair usage is upheld. NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use these services. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission and agreement before commencing any sessions. NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program. Client is responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Mentor is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Mentor. Client understands mentoring is not psychological therapy and does not substitute for such therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that mentoring does not involve the diagnosis or treatment of mental disorders and that mentoring is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the mentoring relationship agreed upon by the Client and the Mentor. Client acknowledges that mentoring is a comprehensive process that may involve different areas of her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate mentoring principles into those areas and implementing choices is exclusively the Client’s responsibility.
The Services will include a session lasting up to 50 minutes each to be scheduled prior to the signing of this Agreement. The Mentor and the Client will hereafter mutually agree on the schedule of the sessions.
The total fee for the Services will be clearly identified at the time of booking. Sessions are to be paid for in full before the Services may commence after signing this Agreement or in the alternative may be made in instalments and Spiritual Gradient shall invoice the Client for each of these instalments.
If you need to cancel an appointment, please provide at least 24 hours notice or unfortunately, it will be necessary to charge you for the missed session in full. Please attend sessions promptly. Any session which has not commenced within 10 minutes of the agreed time will not go ahead and a refund will be forfeited.
The Client can, at any point in the session, declare their preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The Mentor agrees to respect this boundary. Spiritual Gradients Privacy Policy will also be upheld.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
This relationship, as well as all information (documented or verbal) that the Client shares with the Mentor as part of this relationship, is bound by principles of confidentiality. However, please be aware that the Mentor-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Mentor agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Mentor will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Mentor’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Mentor from a third party, without breach of any obligation to the Client; (d) is independently developed by the Mentor without use of or reference to the Client’s confidential information; or (e) the Mentor is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Mentor and as a result of such disclosure the Mentor reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Mentor in a timely manner. The Client agrees not to disclose any information pertaining to the Mentor without the Mentor’s written consent. Confidential information does not include information that: (a) was in the Client’s possession prior to its being furnished by the Mentor; (b) is generally known to the public; (c) is obtained by the Client from a third party, without breach of any obligation to the Mentor; (d) is independently developed by the Client without use of or reference to the Mentor’s confidential information; or (e) that the Client is required by law to disclose.
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Spiritual Gradient website, any third-party website that Spiritual Gradient may use to distribute or host services, and contained in e-mails sent to you by Spiritual Gradient, as well as the look and feel of all of the foregoing (“the Content”) is property of the Spiritual Gradient and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from any Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content – it is still Spiritual Gradient property. Any unauthorized use of any materials found in the Content shall constitute infringement. Spiritual Gradient’s terms of use, also apply.
The Mentor and Client agree that either party may terminate this agreement for any reason by providing the other party with ten (10) days written notice (“Termination Notice Period”). See the refund policy.
In the event that the Mentor elects to terminate this Agreement, the Client shall only be entitled to a refund of any unused prepaid sessions. In the event that the Client terminates this Agreement before the first paid-for session, the client shall be entitled to a full refund. In the event that the Client Terminates this Agreement after the first paid for session, the Client shall only be entitled to a refund of all unused prepaid sessions, recalculated to the appropriate corresponding package according to the completed timeframe and shall be responsible for payment for the first session and administration fee of £30. If the Client terminates this Agreement they agree that they will pay for any scheduled sessions falling within the 10 day Termination Notice Period, whether or not the Client attends the session, as per the recalculated price. Sessions not commenced within 10 minutes of the agreed time and no shows will be forfeited. Due to your purchase being an information product and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
In the event that the Client fails to pay the fee invoice, or any instalment of the fee, if so agreed, in a timely manner, the Mentor may suspend any Services until the delinquent payments have been made to Spiritual Gradient.
No Substitute For Medical Treatment.
Clients agree to be mindful of their own well-being during the Mentoring Services and seek medical treatment (including, but not limited to psychotherapy) if needed. The Mentor does not provide medical services, physical therapy services, or psychotherapy services and is not responsible for any decisions made by Client as a result of the Services and any consequences thereof. The Mentor may recommend certain physical activities including, without limitation, certain physical exercises. The Parties agree that the Mentor shall not be liable to the Client for any injuries sustained as a result of engaging in any recommended activities. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE ENGAGING IN THESE PHYSICAL ACTIVITIES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT.
Except as expressly provided in this agreement, the Mentor makes no guarantees or warranties, express or implied. In no event will the Mentor be liable to the Client for consequential or special damages. The Mentor disclaims any liability for damages resulting from Clients engaging in any physical activity related to the Mentoring Services. Notwithstanding any damages that the Client may incur, the Mentor’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to Spiritual Gradient under this agreement for all services rendered up until the termination date.
By using the Mentoring Services, you release, to the maximum extent allowed by law, the Mentor, Spiritual Gradient LTD, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Mentoring Services including, without limitation, any death or serious emotional or serious physical harm.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Spiritual Gradient may be unlawfully intercepted by third parties, not under our control. Spiritual Gradient does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Spiritual Gradient are done at your own risk. Spiritual Gradient tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, Spiritual Gradient cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. Spiritual Gradient will not be liable for any loss resulting from a cause over which it does not have direct control.
In the event of a dispute between the parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Spiritual Gradient will not be deemed to have breached this agreement, terms and conditions for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Spiritual Gradient.
1. As a Client, I understand and agree that I am fully responsible for my physical, mental and emotional well-being during my coaching sessions, including my choices and decisions. I am aware that I can choose to discontinue coaching at any time. 2. I understand that coaching is a Professional-Client relationship I have with my mentor that is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 3. I understand that mentoring is a comprehensive process that may involve all areas of my life, including work, finances, health, relationships, education and recreation. I acknowledge that deciding how to handle these issues, incorporate mentoring into those areas, and implement my choices is exclusively my responsibility. 4. I understand that mentoring does not involve the diagnosis or treatment of mental disorders. I understand that mentoring is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and I will not use it in place of any form of diagnosis, treatment or therapy. If I am currently receiving psychiatric care, I will consult with my caregiver to ensure working with a mentor is in my best interest at this time. 5. I understand that information will be held as confidential unless I state otherwise, in writing, except as required by law. I understand that if I reveal information that involves physically hurting myself or others, the mentor must report such information and/or refer to mental health professionals accordingly. 6. I understand that certain topics may be anonymously and hypothetically shared with other mentoring professionals or clients for training, educational OR consultation purposes and that Spiritual Gradient will take great care to change any identifiable details to protect my privacy. 7. I understand that mentoring is not to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business or other matters. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. This Agreement may be modified only by an instrument in writing duly executed by both parties.
By continuing to access Spiritual Gradient in any and all its forms, you assert that you have read, understood and agreed to this entire document. If you do not agree with these, do not continue to access Spiritual Gradient and its services.
Effective date: Apr 2022
The purpose of this policy is to communicate to staff, volunteers, donors, non-donors, supporters and clients of Spiritual Gradient the approach that Spiritual Gradient intends to take when handling the personal data of any person.
This document applies to the operation of Spiritual Gradient in England and Wales.
Spiritual Gradient must comply with data protection law. The law prior to 25.05.18 is derived from the Data Protection Act 1998 (“the ‘98 Act”) and from 25.05.18 will be derived from the General Data Protection Regulation (Regulation 2016/679/EU) (“GDPR”) which came into force on 25.05.16 and which becomes applicable on 25.05.18.
Every person who is employed by, works with or volunteers for Spiritual Gradient is required to adhere to this policy to the best of their ability. If there are any concerns regarding the application of this policy it is the responsibility of the person with the concern to contact the Spiritual Gradient data protection manager at the first opportunity either directly or in writing.
This document uses definitions applicable to GDPR as these supersede any existing law from 25.05.18.
“Data Subject” The “data subject” is any natural person about whom information is obtained, stored and/or processed by Spiritual Gradient or any person or organisation acting on Spiritual Gradient’s behalf for any reason associated with Spiritual Gradient.
Data subjects include officers, employees, servants and agents of Spiritual Gradient, volunteers, donors and any other person whose personal data (see below) is collected and processed by or on behalf of Spiritual Gradient for any reason.
“Natural Person” A living person. A human being. The term “natural person” does not include any “legal person” such as a company, partnership or corporation.
“Personal Data” Any information relating to an identified or identifiable natural person is “personal data”. This includes, but is not limited to, name, identification number, location, online identifier or any physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.
“Special Category Data” Certain data is considered to be sensitive in nature and is referred to as “special category” data. Special category data is any data which reveals the racial or ethnic origin, the political opinions, the religious or philosophical beliefs, any trade-union memberships or any natural person. Any data such as genetic or biometric data which can uniquely identify a natural person or data concerning the sex life or
the sexual orientation of a natural person is also special category data.
“Controller” The “controller” for the purposes of this policy is Spiritual Gradient. The controller is the natural or legal person who either alone or jointly with others determines the purposes and means of the processing of personal data.
“Processor” A “processor” is a natural or legal person who processes personal data under the direct and express instructions of a controller.
“Processing” Any operation which is performed on personal data such as but not limited to collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction amounts to processing of that personal data.
Every person working for, with or on behalf of Spiritual Gradient must adhere to the following principles when dealing with personal data.
Personal data must only be:
A. Processed lawfully, fairly and in a transparent manner in relation to the subject (‘lawfulness, fairness and transparency’)
B. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
C. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
D. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
E. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which personal data are processed (‘storage limitation’)
F. Processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures (‘integrity and confidentiality’)
Every data subject has the following rights which must be upheld in a timely manner in order to comply with the law:
Right of access – the right to obtain a copy of personal data of the data subject and the details of processing carried out by or on behalf of Spiritual Gradient;
Right of rectification – the right to ensure that errors in data held by Spiritual Gradient are corrected;
Right to erasure – the right, under certain circumstances, to ensure that personal data held by Spiritual Gradient on that natural person is erased;
Right to restriction – the right to restrict the processing of personal data under certain circumstances;
Right to portability – the right to obtain a copy of personal data obtained by the controller from the data subject in a portable machine-readable form and also to have it transferred to another controller if so desired; and
Right to objection – the right to object to the processing of their personal data under certain circumstances.
Each of these data subject rights is, in effect, a controller obligation. It is incumbent on the controller to facilitate the exercise of these rights. From 25.05.18 the controller can only charge a fee following a request to exercise the right of access under very limited circumstances.
The controller must respond to a request to access a copy of personal data within one calendar month.
Any employee, servant or agent of Spiritual Gradient who receives or becomes aware of any request from a data subject must forward that request to the data processing manager immediately.Data subjects seeking to exercise any of the above data subject rights are requested to make their request to the data processing manager at Spiritual Gradient to ensure a prompt and effective response.
In addition to the data subject rights, which themselves amount to controller obligations, the controller must comply with other obligations when processing the personal data of natural persons.
These include: Data Minimisation:
Spiritual Gradient will only collect such personal data as is required to do the required processing. This will differ depending upon whether the data subject is an employee, a volunteer or a donor.
Data Retention:
Spiritual Gradient will only retain personal data for as long as is reasonably required by law or good practice following the last contact with the data subject. This retention period differs depending upon whether the data subject is an employee, a volunteer or a donor. Spiritual Gradient has a policy of carrying out a data cleansing exercise annually and as a result data will be retained for no longer than one year in excess of the required retention period. Otherwise, it would be excessively cumbersome for Spiritual Gradient to manage the data cleansing process effectively.
Privacy by Design:
Spiritual Gradient has a responsibility to design and engineer its systems so that personal data is not misused and so that it is stored and processed in a manner which is consistent with minimising the opportunity for data loss and data being processed in a manner which has no lawful basis.
Article 13 and Article 14 notifications:
Where personal data has been obtained from the data subject directly, it is Spiritual Gradient’s responsibility to provide the data subject with the following information if the data subject does not already have it:
A. The identity and the contact details of the controller;
B. The contact details of the data protection officer if such a person has been appointed;
C. The purposes of the processing and the legal basis for that processing;
D. What, if any, legitimate interest of Spiritual Gradient or of a third party is relied on as the legal basis of the processing;
E. The recipients or categories of recipients of the personal data, if any;
F. If the transfer of the data to a third country or to an international organisation is intended, whether or not there is an adequacy decision of the European Commission in force in respect of that country or any appropriate or suitable safeguards which are relied upon and how the data subject can obtain a copy of those safeguards;
G. For how long the personal data will be stored or the criteria used to determine that period;
H. The existence of the right of the data subject to request from Spiritual Gradient access to and rectification of or erasure of the personal data or restriction of processing concerning the data subject or to object to the processing as well as the right to data portability;
I. Where the processing is based on the data subject’s consent the fact that the data subject may withdraw that consent at any time unless prevented from doing so by law;
J. The right of the data subject to lodge a complaint with a supervisory authority (regulator);
K. Where the provision of the personal data is a statutory or contractual requirement or a requirement necessary to enter into a contract, the data subject must be informed of this and whether he or she is required to provide the personal data and of the consequences of non-compliance with this requirement;
L. If any automated decision making or profiling is carried out using the personal data then the data subject must be informed about this and provided with a meaningful explanation as to the logic involved and the envisaged consequences of this processing for the data subject;
M. Where Spiritual Gradient intends to process the data for a purpose other than that for which the data were collected, Spiritual Gradient must provide the data subject with a further notification including reminding him or her of his or her statutory rights in respect to that processing.
N. Where Spiritual Gradient obtained personal data of a data subject other than directly from the data subject Spiritual Gradient must provide the data subject with the information outlined above together with:
O. The name and contact details of the source of the personal data and, if applicable, whether it came from publicly accessible sources.
In this second case, Spiritual Gradient must provide this information to the data subject no later than one month after obtaining it or when it is first used to communicate with the data subject (if that is its purpose) whichever is the sooner.
Spiritual Gradient is also required to communicate the above information to a data subject no later than when it is disclosed to another recipient.
As a matter of policy, Spiritual Gradient does not disclose personal data to third parties for any other purpose than for the processing of that data in relation to the payment of wages, salaries, expenses or the processing of donations and for that purpose alone.
Where the data subject is attending a Spiritual Gradient function, Spiritual Gradient may need, in order to facilitate the operation of that function and the attendance of the data subject, Spiritual Gradient does not sell or transfer personal data to any organisation for the purpose of direct marketing or for any other purpose other than for processing of payments or booking of accommodation or travel as outlined above.
Recordkeeping.
Spiritual Gradient as the controller has a responsibility to keep written records (which may be stored in electronic form) in accordance with Article 30. These records are (as applicable to Spiritual Gradient):
A. name, contact details of Spiritual Gradient as controller;
B. the purposes of the processing;
C. description of the categories of data subjects and of the categories of personal data;
D. categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations;
E. where applicable, transfers of personal data to a third country (outside of the EEA) or an international organisation, including the identification of that third country or international organisation and, in the case of transfers carried out in relation to the performance of a contract between [Insert Organisation Name] and the data subject, a description of suitable safeguards in place to protect the rights and freedoms of the data subject;
F. where possible the envisaged time limits for the retention of the different categories of data;
G. a general description of the technical and organisational security measures in place
H. to safeguard the rights and freedoms of the data subject.
I. These records may be made available to the regulator on request.
Spiritual Gradient has put in place and will continue to monitor and maintain a number of systems, processes and procedures to ensure and assure that the personal data of data subjects, be they employees, volunteers, donors or clients, is kept securely and safely at all times.
These measures include but are not limited to: encryption of all data sets at rest, control of all backup datasets which are in any event encrypted; and maintaining physical and logical security in relation to access to any personal data.
A data protection breach is defined as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
Any employee, servant, or agent of Spiritual Gradient or any volunteer working with Spiritual Gradient who becomes aware of a data protection breach or a possible data protection breach is required to inform the data protection manager as soon as possible.
On becoming aware of a breach, Spiritual Gradient as the controller is obliged to inform the regulator within 72 hours.
Data subjects must be informed of any breach affecting their personal data within 5 days unless Spiritual Gradient is able to demonstrate that the data breach is unlikely to result in a risk to the rights and freedoms of the data subjects.