Privacy Policy. This privacy policy gives you information about how Happy IA Ltd (“we”, “us”, “our” and “Company”) collects and uses your personal data through your use of this website, including any data you may provide (i) when you register with us OR (ii) when you participate in one of our activities such as breathwork, chanting, prayer, Cygnet ILF neurofeedback, meditation, online peer support, charitable initiatives, and the creation of inspirational content (“Services”) OR (iii) for our compliance with Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) obligations.
We aim to satisfy all obligations we may have under the Data Protection Act 2017 (“DPA”), as amended from time to time, and also includes the regulations and directives which may, from time to time, be made pursuant to the said law.
Controller. We are the controller of your personal data and are responsible for the decision-making process of how to hold and use your personal data. In compliance with the requirements of the DPA, we have been duly registered with the Data Protection Office in Mauritius as a data controller.
Data Protection Officer. We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (paragraph 9) and any complaints, please contact the DPO using the information set out in the contact details section (paragraph 14).
The Types of Personal Data We Collect About You
Personal data means any information about an individual from which that person can be identified.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Contact Data: includes residential address, email address and telephone numbers.
Identity Data: includes first name, last name, any previous names, username or similar identifier, marital status, title, date of birth, gender, passport or ID scan,
KYC Data: includes Identity Data, proof of address and source of funds.
Marketing and Communications Data: includes your preferences in receiving marketing from us and your communication preferences.
Medical Data: includes biometrics, heart rate, breath rate, IFL neurofeedback EEG data, physical or mental health or condition (includes data collected during Somatic therapy), brain maps or scans.
Financial Data: includes CVV number, stripe payment tokens and source of funds.
Profile Data: includes your username and password, your interests, preferences, feedback and survey responses.
Psychological Data: includes information about your emotional state, mindfulness assessments, goals and objectives for the services.
Session Data: includes information about your session history (dates and times of appointment) and session notes (documentation on your progress).
Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
Usage Data: includes information about how you interact with and use our website, products and services.
How Is Your Personal Data Collected?
We use different methods to collect data from and about you including through:
Your interactions with us. You may give us your personal data by filling in forms (online or in person) or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
visit us in person at our premises;
create an account on our website;
subscribe to our service;
request marketing to be sent to you; or
give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
How We Use Your Personal Data
We will hold, use and disclose your personal data, for our legitimate business purposes including:
to provide our services to you;
to onboard you as a client;
to send you reminders about your appointments;
to monitor your progress;
to fulfil contractual obligations with our coaches;
to release personal data to regulatory or law enforcement agencies, if we are required to do so under the DPA;
to collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature to analyse general trends in how users are interacting with our website to help improve the website and our service offering.
As part of our services, we process and collect sensitive personal data (known as special categories of personal data in the DPA). We have processes in place to limit our use and disclosure of such sensitive personal data other than where permitted by law.
Legal grounds for processing your personal data. The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal grounds:
Performance of a contract with you: Where we need to perform obligations that we undertake in providing a service to you, or to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data.
Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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).
Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency.
Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.
We may also use your personal data in the following situations:
where we need to protect your vita interests (or someone else’s interests).
where it is needed in the public interest.
where it is needed for the performance of any task carried out by a public authority.
where it is needed for the purpose of historical, statistical or scientific research.
Direct marketing
During the registration process when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us via email or on your mobile device.
We may also analyse your Identity, Contact, Technical, Usage, Session Data and Profile Data to form a view which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.
Third-party marketing
We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.
Opting out of marketing
You can ask to stop sending you marketing communications at any time by contacting us in writing expressing your desire to opt out of marketing communication.
If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes, for example relating to appointment reminders, updates in relation to this policy or our terms and conditions.
CCTV Recording
We wish to inform you that CCTV cameras are installed at the entrance of our premises. The CCTV footage will only be used for the purposes of ensuring the security and safety of individuals and property on our premises. It will not be used for other purposes. As data controller, we will ensure that the use of CCTV cameras complies with the DPA.
You have the right to view and/or request a copy of any CCTV images/footage in which you appear. To do so, please submit a written request to our DPO using the contact details provided in paragraph 14. Please note that we reserve the right to refuse such request, and if we do, we will notify you in writing within one month of receipt of the request, explaining the reason for refusal.
CCTV footage will be retained for a maximum period of 30 days unless required for an ongoing investigation or legal purposes. Access to CCTV footage is restricted to authorised personnel only. The footage is stored securely, and appropriate safeguards are in place to prevent unauthorised access.
Cookies
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser. They help our system recognise your browser and track how and when our website is used, including visitor numbers. Our website may use session cookies which only monitor your current browser session. These do not store any data on your computer but allows us to identify your order, its contents, and whether you’re logged into your account.
These cookies and similar technologies used by us have various functions including helping us:
with respect to provision of our services;
in enhancing our services (e.g. monitoring of error messages and loading times);
in improving your user experience; and
in showing you more relevant advertisements.
By continuing to use our website or similar applications, you consent to the above use of cookies and technologies which rely on related information. You also have the option to reject our cookies.
Disclosures of Your Personal Data
We may share your personal data where necessary with the parties set out below.
Third parties
We will share your personal data and, where necessary, your sensitive personal data with trusted third parties where we have retained them to provide services that you have requested. For example, the coaches that we have contracted to provide you with the services.
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.
New business owners
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 policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. If any of the above mentioned situation occurs, you will be sent a notice.
International transfers
We are based in and operate from the Republic of Mauritius. Your data, including personal data, may be transferred to and maintained on servers located outside of your country of residence, where the data privacy laws, regulations and standards may not be equivalent to the laws in your country of residence.
We may transfer your personal data to service providers that carry out certain functions on our behalf. If that happens, your personal data will only be transferred to and stored in countries that have equivalent, or better, data protection legislation than Mauritius or with a service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in Mauritius.
Currently, your personal data (other than Medical Data) is being transferred to countries in the European Union (“EU”) and the United States of America (“US”). With every service provider that we use, we ensure that standard contractual clauses are incorporated in the service contracts. There may be instances where personal data is transferred between the EU and the US and this is in line with the EU-US Data-Privacy Framework.
Your use of our website, followed by your submission of data to us, represents your explicit consent to such transfer. We will take all steps necessary to ensure that your personal data is treated securely and in accordance with this privacy policy and the DPA.
Data Security
Whilst we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute 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. Except as otherwise provided in this privacy policy, we limit access to your personal data to those parties listed above. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We as the controller have, under the DPA, an obligation to ensure that any person employed by is aware of and complies with the relevant security measures. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so under the DPA.
Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
Our current retention period for the following personal data are as follows:
1 year for EEG and neurofeedback data, starting from your final session with us;
1 year for breathwork and somatic data;
5 years for booking and billing records;
7 years for KYC documentation; and
30 days for CCTV footage;
Your Legal Rights
You have a number of rights under DPA in relation to your personal data.
You have the right to:
Right of access: You have the right to request access to your personal data (commonly known as a "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.
Right of correction or completion: If personal data we hold about you is not accurate, out of date or incomplete, and requires amendment or correction, you have a right to have the data corrected, updated or completed, though we may need to verify the accuracy of the new data you provide to us.
Right of erasure: In certain circumstances, you have the right to request that personal data we hold about you is erased. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to object to or restrict processing: In certain circumstances, you have the right to object in writing to our processing of your personal data. For example, if we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see OPTING OUT OF MARKETING in above for details of how to object to receiving direct marketing communications).
Right to not be subject to a decision based solely on automated processing. We do not make decisions based solely on automated processing, including profiling unless the decision is necessary for performing contractual obligations between us as parties, the decision is authorised by law to which we are subject to, and which lays down suitable measures to safeguard your rights and legitimate interests or where we have your explicit consent.
Right to withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of personal data for a specific purpose, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. Once we have received notification of your willingness to withdraw your consent, we will no longer process your data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Exercise of your rights
If you wish to exercise any of the rights set out above, please contact us using any of the methods in the contact details below (paragraph 14).
Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Third-Party Links
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 policy of every website you visit.
Safety of Minors Below the Age of 16
Our site and services are not intended for and shall not be used by a minor below 16 years old. We do not knowingly collect and process personal data of such minors unless we have received explicit consent by the child’s parent or guardian.
If it comes to our attention that we have collected the said data, we may delete this information without notice after having made all reasonable efforts to verify that consent has been given or authorised to provide such personal data.
If you have reasonable grounds to believe that personal data of a child below 16 years have been retained, please contact us immediately using the details provided in the contact section (paragraph 14).
Changes to the Privacy Policy
We reserve the right to change or update this privacy policy at any time and such changes shall be effective immediately upon either posting of the modified policy on our website or notifying the same to you via the contact details you provided.
By using our website, you hereby agree to review this privacy policy on a frequent basis to ensure that you are aware of any changes. Your continued access or use of our site and/or services shall be deemed conclusive acceptance on your part of the changed policy.
At no point in time may you plead ignorance of such changes and ignorance of such changes shall be no valid defence under whatever circumstances. It is important that the personal data we hold about you is accurate and current.
Duty to Inform Us of Changes
It is important that the personal data we hold about you is up to date and accurate. Please keep us informed of any changes by contacting us using any of the methods in the contact section (paragraph 14) below.
Contact Details
If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact Mr. Aditya Shankar, our DPO in the following ways:
Postal address: 374 Bernardin De St Pierre, Vallee Des Pretres, Port Louis, Mauritius
Complaints
If you want to make a complaint, you can contact our DPO using the contact details provided in paragraph 14. If you have unresolved concerns, or believe that a personal data breach happened in Mauritius regarding your personal data, you have the right to complain to the Data Protection Commissioner in Mauritius at: