Privacy policy
This privacy policy applies between you, the User of this Website and ECJ Trading Ltd T/a Laura Jones Wellbeing and Ailura Education Ltd T/a Mpowrd.com, the owners and providers of this Website and training platform. ECJ Trading Ltd T/a Laura Jones Wellbeing and Ailura Education Ltd T/a Mpowrd take the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website/ training platform.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://www.laurajoneswellbeing.com/terms-and-conditions/
Please read this privacy policy carefully.
Definitions and interpretation
1. In this privacy policy, the following definitions are used:
Data
collectively all information that you submit to Laura Jones Wellbeing via the Website and Mpowrd via the training platform. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below.
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the General Data Protection Regulations 2016/679 (the GDPR), and any national implementing laws, regulations and secondary legislation;
GDPR
the UK General Data Protection Regulation 2016/ 679;
Laura Jones Wellbeing,
we or us
ECJ Trading Ltd T/a Laura Jones Wellbeing, a company incorporated in England and Wales with registered number 11928023 whose registered office is at ECJ Trading Limited, 39 Sirius Building, London, E1W 3WE;
Mpowrd, we or us
Ailura Education Ltd T/a Mpowrd, a company incorporated in England and Wales with registered number 13167119 whose registered office is at Ailura Education Limited, 39 Sirius Building, London, E1W 3WE;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;
User or you
any third party that accesses the Website and is not either (i) employed by Laura Jones Wellbeing or Mpowrd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Laura Jones Wellbeing or Mpowrd and accessing the Website in connection with the provision of such services; and
Website
the website that you are currently using, www.laurajoneswellbeing.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. In this privacy policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
3. This privacy policy applies only to the actions of Laura Jones Wellbeing, Mpowrd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
4. For purposes of the applicable Data Protection Laws, Laura Jones Wellbeing and Mpowrd is the "data controller". This means that Laura Jones Wellbeing and Mpowrd determine the purposes for which, and the manner in which, your Data is processed.
Data collected
5. We may collect the following Data, which includes personal Data, from you:
a. name;
b. date of birth;
c. gender;
d. job title;
e. contact Information such as email addresses and telephone numbers;
f. demographic information such as postcode, preferences and interests;
g. financial information such as credit / debit card numbers;
h. IP address (automatically collected);
i. web browser type and version (automatically collected);
j. operating system (automatically collected);
in each case, in accordance with this privacy policy.
6. Special Category Data is a sub-category of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a person’s sex life or sexual orientation. Examples of Special Category Data we may hold about you include your consultation form and patient notes.
How we collect Data
7. We collect Data in the following ways:
a. data is given to us by you ;
b. data is received from other sources; and
c. data is collected automatically.
Data that is given to us by you
8. Laura Jones Wellbeing and Mpowrd will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
d. when you enter a competition or promotion through a social media channel;
e. when you make payments to us, through this Website or otherwise;
f. when you elect to receive marketing communications from us;
g. when you use our services;
h. when you complete our online consultation and consent forms;
in each case, in accordance with this privacy policy.
Data that is received from third parties
9. Laura Jones Wellbeing and Mpowrd will receive Data about you from the following third parties:
a. MailChimp;
b. Cliniko;
c. Stripe;
d. Square Space;
e. PayPal.
Data that is received from publicly available third parties sources
10. We will receive Data about you from the following publicly available third party sources:
a. Facebook
Data that is collected automatically
11. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
Our use of Data
12. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement and provison of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
d. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
in each case, in accordance with this privacy policy.
13. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
14. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
Sections 15-30 apply to our patients, prospective patients, former patients and visitors to our clinic
15. We use your name, address, telephone number and email address, and in some instances payment details to make and rearrange appointments. We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law. Our booking system is run by a third party (Cliniko) and all data on the booking system is protected by their data protection software and policies (please see Cliniko's Privacy Notice). All payments via our booking system as processed by a third party (Stripe) and all payment data is protected by their data protection software and policies (please see Stripe's Privacy Notice).
16. We use your name, address, telephone number and email address, only if we have your explicit consent, to send you marketing materials. We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.
17. Some patients and prospective patients return pre- 1st appointment questionnaires or tell us about their medical conditions and medication by email or online enquiry forms. We are unable to send or receive encrypted emails so you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send us is within the bounds of the law.
18. We keep a permanent attendance register which records all appointments for patients attending our clinic to keep a record of when you were treated for tax purposes and to secure potential evidence in the event of a criminal prosecution, civil litigation, insurance claim or complaint to my regulatory body, the British Acupuncture Council. All data is kept on the booking system run by a third party (Cliniko) and all data is protected by their privacy software and policies.
19. We may use your date of birth to help identify patients with the same name to avoid mistakes being made as to safe and appropriate treatment, for identification purposes if referring a patient to another health practitioner, and for identification purposes if writing to a registered medical practitioner so that they correctly identify the patient.
20. We use your presenting complaint and symptoms reported by you for the purposes of making a full traditional diagnosis, formulating treatment strategy and treatment planning.
21. We use any relevant medical and family history you have told us about for making a full traditional diagnosis, formulating treatment strategy and treatment planning.
22. We use your GP’s name and address in the event that we need to contact your GP including in an emergency and because it is a mandatory requirement in the British Acupuncture Council Code of Professional Conduct.
23. We use our clinical findings about your health and well-being for making a full traditional diagnosis, and formulating treatment strategy and treatment planning.
24. We keep a record of and refer to that record of any treatment given and details of progress of your case, including reviews of treatment planning to enable us to: review the full traditional diagnosis, treatment strategy and planning; and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
25. We record and use any information and advice that we have given, especially when referring patients to any other health professional, to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
26. We record any decisions made in conjunction with you to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
27. We keep accident records for any patients, visitors or staff who are involved in accidents at our clinic in accordance with UK Health and Safety legislation including the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to comply with the law and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
28. In the event of an adverse incident occurring to any of our patients we report the matter to the British Acupuncture Council and our insurance company to enable the insurance company to deal with any potential claims and to help the British Acupuncture Council to develop its safe practice guidelines, as well as providing research data and information for the BAcC’s insurers and other interested parties.
29. Where relevant we maintain records of the patient’s consent to treatment, or the consent of their next-of-kin in order to be able to prove that the patient (and/or parent/guardian/next of kin) has given informed consent to treatment to secure evidence in the event of a civil claim, criminal prosecution, insurance claim or complaint.
Section 31 applies to those who complain about our services
31. When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.
a. We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We usually have to disclose the complainant’s identity to whoever the complaint is about. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. We may need to provide personal information collected and processed in relation to complaints to our professional body, solicitors or insurance company.
b. We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for two years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle. Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.
Sections 32 and 33 apply to subscribers to our newsletters
32. We maintain and use records of subscribers to our newsletters, only with their consent, for marketing purposes.
33. We use a third party provider, (MailChimp), to deliver our e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For information, please see (MailChimp) privacy notice.
Sections 34 and 35 apply to our website and training platform users
34. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
35. We may use your Data to show you Laura Jones Wellbeing or Mpowrd adverts and other content on other websites. If you do not want us to use your data to show you Laura Jones Wellbeing or Mpowrd adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).
Who we share Data with
36. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors - To provide a personalised and professional service;
b. third party service providers who provide services to us which require the processing of personal data - To improve user experience;
c. third party payment providers who process payments made over the Website - To pay for goods and services;
d. relevant authorities - In case of court proceedings, insurance claims, complaints, safeguarding children and vulnerable adults, and in line with statutory regulations or obligations;
in each case, in accordance with this privacy policy.
Keeping Data secure
37. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
c. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
38. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: info@laurajoneswellbeing.com or info@mpowrd.com.
39. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
40. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
41. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
42. We keep patient records and appointment records for a period of 7 years in accordance with our statutory and legal obligations as a healthcare service provider. (https://www.acupuncture.org.uk/public-content/effective-practice/bacc-professional-codes.html)
43. We will keep up to date with all legislation and changes regarding the collecting, processing, storing, sharing and destruction of your personal data. This notice and our data protection policies and procedures will be reviewed every 12 months, unless changes in legislation and regulations come into force before the next review date (see end of privacy notice).
Your rights
44. Unless exempt under the GDPR, you have the following rights in relation to your Data:
a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase - the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
e. Right to data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
45. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: info@laurajoneswellbeing.com.
46. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
47. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
48. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
49. Laura Jones Wellbeing and/ or Mpowrd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Laura Jones Wellbeing and/or Mpowrd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
50. We may also disclose Data to a prospective purchaser of our business or any part of it.
51. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
52. This Website may place and access certain Cookies on your computer. Laura Jones Wellbeing and Mpowrd use Cookies to improve your experience of using the Website and training platform and to improve our range of products and services. Laura Jones Wellbeing and Mpowrd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
53. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
54. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Laura Jones Wellbeing and Mpowrd to provide a better experience and service to you. aYou may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
55. This Website may place the following Cookies:
Analytical/performance cookies
Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
56. This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
57. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
58. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
59. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
60. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
61. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
62. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
63. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
64. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to this privacy policy
65. Laura Jones Wellbeing and Mpowrd reserve the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.
You may contact Laura Jones Wellbeing by email at laurajonesacu@gmail.com. You may contact Mpowrd by email at info@mpowrd.com
Attribution
66. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
31st January 2021
Review Date: 31st January 2022