Welcome to [Kaizen] (Client) Privacy Notice
[Kaizen] (We) respect your privacy and is committed to protecting your personal data. This privacy notice informs you about how we look after your personal data, that you have provided when you completed your Client Agreement, and it tells you about your privacy rights and how the law protects you.
This notice contains the following sections, please click on each one to navigate through the document or scroll through them. Also, please note that the Glossary will help you 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
- If you fail to provide data to us
- 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
- Contact details
- Changes to our privacy notice
1. Important information and who we are
Purpose of this privacy notice
It is important that you read this privacy notice. It aims to give you information on how [Kaizen] collects and processes your personal data when you sign up to using our services as described in the Client Agreement and the terms and conditions including websites such as myMA and the payment portal.
[Nest Management] is the controller and responsible for your personal data. We have appointed a responsible officer for data privacy who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the officer responsible for data privacy using the details set out below.
Our details are: [Dan Frost]
Data Protection Officer
Email address: [email@example.com]
Postal address: [175, Church Road, Teddington, Middlesex, TW11 8QN]
Telephone number: 
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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your duty to inform us of changes
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 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.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes data which you provide via our agreement form, such as first name, last name, marital status, title, date of birth and gender.
- Contact Data includes email address and telephone numbers.
- Proof of identity passport photo, driver’s licence, utility bill.
- Banking details name, account number and sortcode
- Your student Information associated to your business.
We also collect and use 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. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
3. If you fail to provide personal data to us
Where we need 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 will notify you if this is the case at the time.
4. How is your personal data collected
We use different methods to collect data from and about you including through direct interactions. You may give us your data by filling in a Client Agreement form containing personal identification details and your business banking information or by corresponding with us by post, phone or email to update your information.
5. How we use your personal data
- Provide payment facilities in order to allow us to transfer to your bank account the net value, after our fees, taxes on those fees and any other transfers you have asked us to make, of tuition product and related services collections we have received on your behalf from your students and payers for the services and product you have supplied to them in accordance with the agreement they have signed for tuition or any other notices they have been given in relation to such tuition, addition products or services they have purchased from you and paid for using the systems we provide for you.
- Updating Client records and the student management systems we provide for your business.
- Analysis for Client management information systems.
- To comply with our legal and regulatory obligations including our due diligence requirements in relation to anti-money laundering (AML).
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 new Client and to complete our due diligence.||(a) Identity
(c) Business bank details
|Performance of a contract with you and to comply with our legal and regulatory body obligations.|
|To process, manage and deliver:
(a) your payment collections that we obtain from your payers/students
(b) payment to your business of the net fees to you after our fees and charges and any other deduction or transfers you instruct us to pay out of those fees collected.
(e) Marketing & 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 & 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 Clients use our products/services)
|To enable you to use the management systems and templates that we make available to you and to provide training on those systems and products||(a) Identity (b) Contact (c) Profile
(e) Marketing & 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 this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity (b) Contact (c) Technical||(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 the advertising we serve to you||(a) Identity
(e) Marketing & Communications
|Necessary for our legitimate interests (to study how 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 website, products/services, marketing, customer relationships and experiences||(a) Technical (b) Usage||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity (b) Contact
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
Purposes for which we will use your personal data
We will use your data to complete our obligations under the agreement that we have with you to collect your payments for tuition and any additional services provided to your students and payers recorded on the agreements they have entered into or such other notices for payment provided to those student and payers from time to time, or as subsequently amended by you and agreed with the students or payers from time to time.
We will enable you or your approved staff to add data to the students records on the system for example: attendance, attainment level (Grade), membership records and communications.
Where you update records using our systems you will be the Controller of that data and we will be the processor; you should therefore provide membership terms and conditions within your own privacy notice.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us – marketing
We may use your personal 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 and services may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have opted-in to receive that marketing.
If you have opted in to receive such communications as referred to above you may withdraw your right to consent at any time by contacting us. This however does not refer to service communication relating the services that we have agreed to provide for you within our agreement/contract.
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.
6. Disclosures of your personal data
We may have to share your personal data with those set out below for the purposes set out above.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
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.
7. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
8. 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.
9. Data retention
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.
Details of retention periods for different aspects of your personal data are available in our Retention Policy which you can request by contacting us.
In some circumstances you can ask us to delete your data.
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.
10. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:
- Request access to your personal data:
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 your personal data:
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.
If you become aware that We hold incorrect information please contact us and We will make the correction, for example: address changes and contact details changes such as address, telephone number or e-mail details.
Changes to Bank Details in relation to Direct Debit payments are normally notified direct to us by your bank if you change bank using the bank transfer system, and you do not have to take further action. But if you do not use that process please contact us with the new bank details and we will make the appropriate arrangements for you to continue payments without interruption.
- 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, 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 your personal data:
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.
In most cases We hold your personal data based on an agreement that you have made with us which provides a lawful basis to retain the data and process it in accordance with that agreement. But if you have any concerns at all please contact us.
- Request transfer of your personal data:
Should you decide to use an alternative provider for the collection of your payments and the maintenance of an alternative management system you have the right to request the transfer of your personal data to you or to that third party. We will provide to you, or the third party 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.
- Right to withdraw consent:
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.
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.
[Nest Management] is the company providing software management systems and services including, but not limited to, payment collections processes to our Clients for the tuition and other related services the Clients provides to their students and customers.
Client means the business or individual(s) who have signed an agreement/contract to provide systems, management services and products to their business engaged in, including but not limited to, Martial Arts or Dance.
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.
External Third Parties. Our work for you may require us to pass on personal data to third parties such as professional advisors including lawyers, bankers, auditors and insurers who may provide consultancy, banking, legal, insurance and accounting services.
In addition, we may need to pass on your personal data to additional third parties such as tax authorities, regulators and other authorities.
We may also give such information to others who perform services or maintenance of our technology, in these cases we will only allow access to our systems against a confidentiality agreement. Our business may be examined by or checked by our accountants or our regulator.
12. Contact Details
The Data Protection Officer
Registered office: [175 Church Road Teddington Middlesex TW11 8QN]
13. Changes to our privacy notice