Last update: 27.07.2021
The data controller in respect of our Services is EF Walsh limited liability company , the registered office of which is at Derravaragh road, Dublin 6W, Ireland (hereinafter: we). You can contact us by sending an email to [email protected].
How do we collect and use (process) personal data about you?
We collect personal data about you when you provide it to us, such as through your use of Services or through your browser or device.Where permitted or authorized by law, we may also receive information about you from other sources, if so allowed by law and if such is necessary for the provision of Services.
What type of personal data we collect or obtain about you?
The type of information we collect about you may include information such as:
your business email address or other email address as you provide to us
information about your computer or your mobile device (e.g. your IP address and browser type);
information about how you use our Services (e.g. which pages you have viewed, the time you viewed them and what you clicked on); and
information about your mobile device (such as your geographical location).
We may also obtain personal data about you from certain publicly accessible sources, including (but not limited to) online customer databases, business directories, media publications, social media, websites and other publicly accessible sources.
How we use your personal data
We may use your personal data for one or more of the following purposes:
1. In relation to the provision of Services and personalizing our Service for you
a.) Administering, running and improving our Services and our business, including personalizing our Services for you. This is necessary for our legitimate interest of better understanding our customers' and potential customers' preferences and tailoring our Services and general business to our customers’ needs and preferences.
b.) Communicating directly with you in relation to updates to our website, your purchase(s) of our Services, and in response to enquiries we receive from you and to send administrative information to you, for example, information regarding the website and changes to our terms, conditions, and policies. This will be necessary either to update you from time to time about changes to our website, to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you) or for our legitimate interest of satisfying and confirming your requirements in order to provide you with our products or services and to answer questions we receive from you.
c.) Protecting our business and our business interests, including for the purposes of credit and background checks, fraud prevention and debt recovery. This is necessary for our legitimate interests of preventing criminal activity such as fraud or money laundering, for ensuring that our Services are not misused and protecting our business. We will only carry out such checks to the extent that we are permitted or authorized by law to do so.
d.) Communicating with our business advisors and legal representatives. This is necessary for our legitimate interests of obtaining legal or professional business advice, and we will only share your personal data where it is necessary to do so, to the minimum extent necessary and on an anonymous basis wherever possible.
e.) Sharing your personal data within Begin with Elaine and third - party business partners which are either related to or associated with us in relation to our provision of Services. Third- party business partners include, suppliers, independent contractors, email providers, web hosting providers, on line shop payment provider as well various ITC services providers (collectively: Processing partners). This will be necessary either to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you), for our legitimate interest of running and managing our business within the Begin With Elaine courses effectively, for compliance with a legal obligation to which we are subject, or for our own direct marketing purposes. Where we share your personal data, we will do so strictly on a need-to-know basis, subject to appropriate confidentiality restrictions, on an anonymous basis as far as possible and only to the extent strictly necessary for any of these purposes. We will not sell for profit purposes your data to any other 3rd party. Controllers that are part of a group of undertakings or institutions affiliated to a central body have a legitimate interest in transmitting personal data within the group of undertakings for internal administrative purposes, including the processing of clients' or employees' personal data. For the purposes of any transfer of personal data outside of the EU we have put in place required transfer tools required under Article 46 of the GDPR.
f.) Enforcing our legal rights and compliance. This is necessary for our legitimate interest of protecting our business and enforcing our contractual and other legal rights resolving disputes and making such disclosures as are required by law or which we consider, acting reasonably, are required by law. We may also need your personal data to comply with ongoing legal obligations, such as tax and accounting laws and regulations to which we are subject to.
g.) Ensuring physical, network and information security and integrity. This is necessary for our legitimate interest of ensuring that our IT systems and networks are secure and uncompromised, including, for example, backup and archiving, preventing malware, viruses, bugs or other harmful code, preventing unauthorized access to our systems, and any form of attack on, or damage to, our IT systems and networks.
h.) In connection with disclosure requests and in the case of a business or share sale or sale or purchase of a business and/or assets, whether actual or potential. This is necessary for our legitimate interests of selling and/or ensuring and promoting the success of our business.
i.) For statistical and research purposes. We will make your data anonymous and use them for our legitimate interests of processing personal data for research purposes, including market research, better understanding our respective customers, and tailoring our respective products and services to their needs.
j.) Indicating possible criminal acts or threats to public security to a competent authority. This is necessary for our legitimate interest of promoting the success of our business, preventing crime, for compliance with a legal obligation to which we are subject, in the general public interest or for the legitimate interests of governmental bodies and competent authorities that prevent crime.
k.) Entering into and performing a contract with you or for measures preliminary to a contract. Where you wish to purchase products or services from us, we require your personal data in order to enter into and perform a contract with you. If you do not provide your personal data to us when it is required for such a purpose, we will not be able to enter into or perform a contract with you or to provide you with the products or services you have requested. We may also postpone or cancel any orders you place and enforce our legal rights against you (for example, where we have incurred costs or expenses in preparing or fulfilling any orders placed by you but are unable to deliver the order due to your failure to provide the necessary personal data).
2. In relation to marketing, including e-marketing
a.) To provide you with offers relating to goods or services we offer from time to time and inform you on our research, development and achievements.
b.) Automated decision-making, including profiling. We may analyse your personal data to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use your personal data to detect and reduce fraud and credit risk. This is necessary for our legitimate interest of promoting the success of Services and business.
c.) Shared CRM database. We may process your personal data for registration, organisation, storage, elaboration, selection, extraction and all other relevant CRM management purposes.
Where we process your personal data on the basis of your consent, you can withdraw your consent to such processing at any time by emailing us at [email protected]. The effective date of such withdrawal shall be 8 business days from the date we have received your request.
You may opt-out of receiving marketing messages from us by sending an email to [email protected] or by unsubscribing through the unsubscribe or opt-out link in an email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
Data storage and retention
Your personal data is stored by our cloud providers store data on servers of cloud providers located in the EU countries and in the USA.
Begin with Elaine will store your information for no longer than necessary, taking into account the following:
the purpose(s) for which we are processing your personal data, such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or for our legitimate interests;
whether we have any legal obligation to continue to process your information, such as any record-keeping, accounting or tax obligations imposed by applicable law; and
whether we have any legal basis to continue to process your personal data, such as your consent.
How we secure your personal data
We take appropriate technical and organisational measures to secure your personal data and to protect it against unauthorised or unlawful use or processing as well as against the accidental loss or destruction of, or damage to, your personal data, including:
only sharing and providing access to your personal data to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible;
training our employees about the importance of confidentiality and maintaining the privacy and security of your information;
committing to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities;
updating and testing our security technology on an ongoing basis;
using secure servers to store your personal data;
requiring proof of identity from any individual who requests access to personal data; and
using Transport Layer Security (TLS) software or other similar encryption technologies to encrypt any payment transactions you make on or via our website.
Transmission of information (including personal data) over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk. We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your transmission of information to us by such means.
Website’s Plugins and tools
Secured payment service providers
Begin with Elaine uses Paypal and Stripe for processing of secured payments for purchases made on the website. The entire purchase process is managed by Paypal and Stripe. When you enter your credit card and billing information on the website, personal data is transferred securely to Paypal or Stripe. By making a purchase on the website, you authorize Begin with Elaine to use either Paypal or Stripe to process your transactions and to transfer personal data to them, but only to the extent needed to complete the transaction and manage your purchases.
No credit card information is ever stored on servers controlled by us. Paypal and Stripe has our permission to store, on our behalf, the data pertaining to the executed transactions by customers of the website (including credit card information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of our customers, and for follow-up as needed. This transactional data may be used for validation and registration purposes of our customers, and to trace any fraudulent activities if necessary.
If you select processing payment via Paypal or Stripe, the payment data you provide will be supplied to them based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) GDPR (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
Analytics and Advertising
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. We have a legitimate interest in analyzing user behavior to optimize both our website and advertising.
Google Analytics Remarketing
Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google Ads and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway,Mountain View, CA 94043, USA.
This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google Ads and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).
Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.
To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.
You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.
Our website uses Google Ads. Google Ads is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”).
As part of Google Ads, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.
Each Google Ads advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an Google Ads advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the Ads advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.
Conversion cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both our website and advertising.
Due to our legitimate interest in the analysis, optimization and economic operation of our online offer and for these purposes within the meaning of Art. 6 (1) f. of the GDPR we use the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").
Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law.With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display our Facebook ads only to Facebook users who have shown an interest in our website or who have specific characteristics (e. g. interests in certain topics or products determined by the websites visited) that we submit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and do not have a nuisance effect. Using the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called "conversion tracking").
The Facebook pixel is directly integrated into our website by Facebook and can store a so-called cookie, i. e. a small file, on your device. If you then log in to Facebook or visit Facebook when you are logged in, your visit to our online offer will be noted in your profile. The data collected about you is anonymous for us, i. e. it does not allow us to draw conclusions about the identity of the users. However, the data is stored and processed by Facebook so that it can be linked to the respective user profile and used by Facebook as well as for its own market research and advertising purposes. If we transfer data to Facebook for comparison purposes, it is encrypted locally in the browser and only then sent to Facebook via a secure https connection. This is done with the sole purpose of matching the data encrypted by Facebook.
Furthermore, when using the Facebook pixel, we use the additional function "advanced matching", in which inventory data such as telephone numbers, e-mail addresses or users' Facebook IDs is transmitted to Facebook (encrypted), but solely to create target groups ("Custom Audiences"). Users agree our use of the "advanced matching" and the related processing of their data.
Based on our legitimate interests, we also use the "Custom Audiences from File" function of the social network Facebook, Inc. in which case inventory data (phone numbers, email addresses, Facebook IDs) will be uploaded to Facebook. The upload process is encrypted. The upload serves solely to identify recipients of our Facebook ads. We want to ensure that the ads are only displayed to users who are interested in our information and services. Users agree our use of the " Custom Audiences from File" function and the related processing of their data.
Facebook's processing of the data is governed by Facebooks Data Usage Policy. Accordingly, general instructions on how to display Facebook ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help Center: https://www.facebook.com/business/help/651294705016616.
You may object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what kind of ads you see on Facebook, you can go to the page set up by Facebook and follow the instructions on how to set up use-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i. e. they are applied to all devices, such as desktop computers or mobile devices.
Transfers of your personal data to other countries and safeguards used
When sharing your data outside the European Economic Area, the country to which it is transferred will either be subject to an adequacy decision by the European Commission, or if not (or if we transfer your personal data to an international organisation), we will ensure that the transfer takes place on the basis of one or more of the following safeguards:
data protection policies adhered to by the data controller and other companies and entities within our corporate group from time to time, which comply with applicable laws, known as "binding corporate rules" or "BCRs";
standard data protection clauses adopted by the European Commission or adopted by the Information Commissioner and approved by the European Commission in accordance with relevant law;
a code or codes of conduct produced by an association or other body approved by the Information Commissioner;
an approved certification mechanism (such as the EU-US Privacy Shield); or
where authorised by the Information Commissioner, contractual clauses between the data controller or processor and the data controller, processor or recipient of the personal data in the third country or international organisation.
Your rights in relation to your personal data
You have the following rights in relation to your personal data, which you can exercise by sending an email to [email protected].
to request access to your personal data and information related to our use and processing of your personal data;
to request the correction or deletion of your personal data;
to request that we restrict our use of your personal data;
to receive personal data which you have provided to us in a structured, commonly used and machine-readable format (e.g. an Excel spreadsheet) and the right to have that personal data transferred to another data controller (including a third party data controller);
to object to the processing of your personal data for certain purposes (for further information, see the section below entitled 'Your right to object to the processing of your personal data for certain purposes'); and
to withdraw your consent to our use of your personal data at any time where we rely on your consent to use or process that personal data. If you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal data on the basis of your consent before the point in time when you withdraw your consent.
For further information about your rights in relation to your personal data, including certain limitations which apply to some of those rights, please see Articles 12 to 23 of the General Data Protection Regulation (GDPR), which is available here: https://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf.
Your right to object to the processing of your personal data for certain purposes
You have the following rights in relation to your personal data, which you may exercise in the same way as you may exercise the rights in the preceding section (Your rights in relation to your personal data):
to object to us using or processing your personal data where we use or process it in order to carry out a task in the public interest, where we do so in the exercise of official authority or for our legitimate interests, including 'profiling' (i.e. predicting your behaviour based on your personal data) based on any of these purposes; and
to object to us processing your personal data for direct marketing purposes (including any automated evaluation we make about you or any of your characteristics as a person, to the extent that it is related to such direct marketing).
You may also exercise your right to object to us using or processing your personal data for direct marketing purposes by:
clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link; or
sending an email to [email protected] asking that we stop sending you marketing communications or by including the words "OPT OUT".
Whenever you object to direct marketing from us by a different communication method to that of the marketing communications you have received from us, you must provide us with your name and sufficient information to enable us to identify you in relation to the communications you have received (for example, if you have received text messages from us and you wish to unsubscribe by email, we may need you to provide us with your phone number in that email).
Consequences of not providing your personal data to us
Where you wish to purchase goods or services from us, we require your personal data in order to enter into a contract with you. We may also require your personal data pursuant to a statutory obligation (in order to be able to send you an invoice for products and services you wish to order from us, for example).
If you do not provide your personal data, we will not be able to enter into a contract with you or to provide you with those products or services.
Where we intend to use your personal data for a new purpose other than the purpose(s) for which we originally collected it, we will provide you with information about that purpose and any other relevant information before we use your personal data for that new purpose and obtain your consent if required.
Changes to your information
Please inform us of any changes to any information (including personal data) which we hold about you so we can keep the information we hold about you accurate and up-to-date.
We do not knowingly contact or collect personal data from children under the age of 13. The website is not intended to solicit information of any kind from children under the age of 13.