Privacy Policy

Policy version: January 2024 

1.    INTRODUCTION 

This Privacy Policy is provided by Tracy Tookey Consulting Limited, a company registered in Northern Ireland under company number NI 702735 with its registered office at 11 Greencastle Pier Road, Kilkeel, Newry, County Down, Northern Ireland, BT34 4LR  (‘TTC’) for use of our website www.tracytookey.com, including the provision of services that may be offered via the TTC website (Services). 

TTC takes your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why TTC collects, stores, uses and shares any information relating to you (your personal data). It also explains your rights in relation to your personal data and how to contact TTC or the relevant regulator in the event you have a complaint. TTC’s collection, storage, use and sharing of your personal data is regulated by applicable laws and regulations, including under the UK General Data Protection Regulation (UK GDPR).

2.    WHAT THIS POLICY APPLIES TO

This privacy policy relates to your use of the Services only. This privacy policy applies only when TTC is the data controller of your personal data and explains how TTC uses your personal data for TTC’s own purposes. For example, this privacy policy covers when you:

• visit TTC’s website that links to this privacy policy
• contact TTC with an enquiry about Services
• interact with TTC as a representative of a company that is one of TTC’s corporate clients
• enter into a contract with TTC for services where you act as an individual (rather than on behalf of a company)
• provide TTC with feedback about Services
• receive a sales or marketing communication from TTC

This privacy policy does not cover how TTC processes personal data on behalf of corporate clients in the event that TTC acts as a data processor. If you are an employee of a company that uses the Services and you have questions or concerns about the personal data TTC processes on behalf of your employer (when TTC is a data processor), please direct your request to your employer.

3.      PERSONAL DATA TTC COLLECTS ABOUT YOU

The personal data TTC collects about you depends on the Services TTC provides. TTC will collect and use the following personal data about you:

Customer account data

When you avail of Services (e.g. advisory or project support services), TTC may collect the following information from you:

• Customer identity and contact details: name, date of birth, email address, home address and phone number
• Customer profile data: service history, training logs, certifications, and preferences
• Customer billing data: to support the processing of payments and provide such information to any third party payment processors: billing address, account and card information

If you are a representative of a company that is one of TTC’s corporate clients, TTC may collect your business contact information, including your company name and job title.

Identity and contact data 

When you otherwise interact with TTC (e.g. enquiring about Services), TTC may collect the following information from you:

• name, email address and phone number 

If you are a representative of a company that is one of TTC’s corporate clients, TTC may collect your business contact information, including your company name and job title.

Usage data

When you access Services, TTC may automatically collect certain information about your device and usage. Usage data may include information about how you access and use Services, including device information, browser information, information about your network connection, online identifiers such as cookie data and your IP addresses, your preferences, interests, time of use and other usage and technical information regarding your interaction with the Services (while such data may not always be personal data as defined at law in all cases TTC will assume it is and treat it in accordance with this policy as if it were)

Marketing and communications data

If you sign-up to receive marketing communications or are an existing customer of TTC, TTC may collect information about your preferences, including marketing preferences and service communication preferences

Social media information

When you engage with u TTC via social media, TTC may collect information, including your username, name, and any other personal data which is publicly available or which you share with us

Customer events, feedback and comments

When you engage with TTC via any event, forum, comment, or other feedback functionality via TTC’s website, TTC may collect information including:

• your name and any views, opinions, suggestions, or other information you choose to share with TTC when sending a message through the Services.
• your photograph (e.g. TTC may capture photographs at events that feature identifiable individuals)
• testimonials attributed to you (e.g. you may provide testimonials after events or availing of services)

If you do not provide personal data TTC asks for where it is required, it may prevent TTC from providing services to you. TTC collects and uses this personal data for the purposes described in the section ‘How and why TTC uses your personal data’ below.

4.    SENSITIVE DATA

Sensitive personal data (also known as special category data) means information related to personal data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where used for identification purposes); data concerning health; data concerning a person’s sex life; and data concerning a person’s sexual orientation.

Please note that TTC does not knowingly or intentionally collect sensitive personal data or information about criminal convictions from individuals.  You should not submit sensitive data to TTC. If, however you do submit sensitive data to TTC, such as if you make this sensitive data available to other users of the Services (such as by publishing it through any forum feature TTC may make available from time to time) TTC will assume that you have purposefully made any such sensitive data manifestly public. 

5.    HOW YOUR PERSONAL DATA IS COLLECTED

TTC collects personal data from you directly when you sign up to the Services, contact TTC directly or reach out to TTC via social media, attend events hosted by TTC, make submissions via the Services when a forum element is available, or indirectly, such as your activity while using the Services. 

TTC also collects certain information automatically related to your use of the Services. Some of this information may be collected using cookies and similar tracking technology; while such data may not always be personal data as defined at law in all cases, we will assume it is and treat it in accordance with this policy as if it were. Please refer to TTC’s Cookies Policy for further information.

TTC may also obtain personal data about you from third parties, including service providers who may collect information on TTC’s behalf; for example, companies who support TTC’s website and Services. Any information TTC receives from third parties will be treated in accordance with this policy. TTC is not responsible for the accuracy of any information provided to TTC by third parties and TTC is not responsible for any third party’s policies. 

6.      HOW AND WHY TTC USES YOUR PERSONAL DATA

Under data protection law, TTC can only use your personal data if TTC has a proper reason, e.g.:

• where you have given consent
• to comply with legal and regulatory obligations
• for the performance of a contract with you or to take steps at your request before entering into a contract, or
• for TTC’s legitimate interests or those of a third party

A legitimate interest is when TTC has a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. TTC will carry out an assessment when relying on legitimate interests, to balance TTC’s interests against your own.

The following explains what TTC uses your personal data for and why.

To provide Services to you 

To perform TTC’s contract with you or to take steps at your request before entering into a contract.

To evidence completion of Services

Depending on the circumstances:

• to perform TTC’s contract with you
• for TTC’s legitimate interests i.e. to verify and maintain records of training attendance or completion for administrative or certification purposes
• to comply with legal and regulatory obligations

To enforce legal rights or defend or undertake legal proceedings (e.g. in connection with civil, commercial, criminal or consumer protection matters, regulatory matters, corporate and taxation matters, or to exercise TTC’s legal rights in relation to a violation of any of TTC’s terms or policies) 

Depending on the circumstances:

• to comply with legal and regulatory obligations
• in other cases, for TTC’s legitimate interests or those of a third party, i.e. to protect TTC’s business, interests and rights or those of others

Communications with you not related to marketing (e.g. TTC may use certain information to send you administrative or service related information including about changes to terms or policies or changes to the Services or other important notices)

Depending on the circumstances:

• to comply with legal and regulatory obligations
• in other cases, for TTC’s legitimate interests or those of a third party, i.e., to provide the best service to you

Protect the security of systems and data (e.g. taking steps to detect, investigate and otherwise protect against intellectual property infringement, crime, suspected fraud, suspected violations of TTC’s terms and safety and security risks of all kinds). 

To comply with legal and regulatory obligations TTC may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases the legal basis would be TTC’s legitimate interests or those of a third party, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or TTC.

Statistical analysis to help TTC manage its business (e.g. in relation to service performance, customer base or other efficiency measures)

For TTC’s legitimate interests or those of a third party, i.e. to be as efficient as possible to deliver the best service to you and improve and develop TTC’s website and services

Marketing and advertising (please see the ‘Marketing’ section below for additional information)

Depending on the circumstances:

• with your consent i.e. where the law requires TTC to collect your consent e.g. when TTC uses cookies to understand your interests or the law requires consent for email marketing
• for TTC’s legitimate interests i.e. for other marketing, promotion and advertising where the law does not require consent e.g. to better tailor the Services to you

Promotional purposes (e.g. using photographs from events or testimonials on TTC’s website)

For TTC’s legitimate interests i.e. to promote and market services and future events.

Updating and enhancing user records

Depending on the circumstances:

• to perform a contract with you or to take steps at your request before entering into a contract
• to comply with legal and regulatory obligations
• where neither of the above apply, for TTC’s legitimate interests or those of a third party, e.g. making sure that TTC can keep in touch with customers about their accounts and new products or functionalities related to the Services.

To comply with legal and regulatory obligations (e.g. to verify your identity, in response to lawful requests by public authorities (including tax authorities) and to meet law enforcement requirements)

Depending on the circumstances:

• to perform a contract with you or to take steps at your request before entering into a contract 
• to comply with legal and regulatory obligations

To share your personal data with members third parties in connection with a significant corporate transaction or restructuring (e.g. including a merger, acquisition, asset sale, initial public offering or in the event of TTC’s insolvency)

Depending on the circumstances:

• to comply with legal and regulatory obligations
• in other cases, for TTC’s legitimate interests or those of a third party, i.e., to protect, realise or grow the value of the business and assets

In such cases information will be anonymised where possible and only shared where necessary

See ‘Who TTC shares your personal data with’ for further information on the steps TTC will take to protect your personal data where TTC needs to share it with others.

7.      MARKETING

TTC may send you email marketing to inform you of our Services such as promotions. TTC will always ask you for your consent before sending you marketing communications, except where you have explicitly opted-in to receiving email marketing from TTC in the past or except where you were given the option to opt-out of email marketing when you initially signed up for Services and you did not do so.

You will have the right to opt out of receiving marketing communications at any time by:

• contacting enquiries@tracytookey.com 
• using an ‘unsubscribe’ link included in marketing emails you may receive from TTC

TTC will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes (except, TTC may share your personal data with selected third parties for marketing purposes where you have given your consent to do so).  For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.

8.      WHO TTC SHARE YOUR PERSONAL DATA WITH

TTC may share personal data with service providers TTC uses to help us run its business or provide Services, business associated and partners, vendors, payment processors, or other third parties who perform services on TTC’s behalf (e.g. IT services, website developers, cloud storage). 

TTC may also share your personal data with selected third parties for marketing purposes but only where you consent to TTC sharing your information (e.g. where you consent to this via an event registration form).  TTC only allows service providers to handle your personal data if TTC is satisfied that they take appropriate measures to protect your personal data. TTC also imposes contractual obligations on service providers to ensure they can only use your personal data to provide services to TTC and to you. 

TTC or the third parties mentioned above may occasionally also need to share your personal data with:

• external auditors, e.g. in relation to the audit of TTC’s accounts and company —the recipient of the information will be bound by confidentiality obligations
• professional advisors (such as lawyers and other advisors) — the recipient of the information will be bound by confidentiality obligations
• law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations
• other parties in connection with a corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of TTC’s insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations.

If you would like more information about who TTC shares data with and why, please contact TTC (see ‘How to contact TTC’ below). TTC will not share your personal data with any other third party.

9.      HOW LONG YOUR PERSONAL DATA WILL BE KEPT

TTC retains your personal data for as long as TTC has an ongoing legitimate business need to do so (for example, to provide you with a service you have requested, to evidence your completion of training, or to comply with applicable legal, tax or accounting requirements). The criteria used to determine appropriate retention periods for personal information include:

• the length of time TTC has an ongoing business relationship with you
• the amount and nature of the personal data TTC processes
• whether TTC has a legal obligation to retain personal information or whether retaining personal data is necessary to resolve disputes, including the establishment, exercise or defence of legal claims

When TTC has no ongoing legitimate business need to process your personal information, TTC will delete or anonymise your personal data.

10.     TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK

TTC complies with applicable legal requirements when TTC needs to transfer, store or process your personal data outside the UK.

Under UK data protection laws, TTC can only transfer your personal data to a country outside the UK where: the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR; there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or a specific exception applies under relevant data protection law. Accordingly, if TTC transfers your personal data from the UK to:  

• The EEA: TTC would rely on the adequacy finding granted by the UK to the EU under the Withdrawal Agreement to do; for any transfers from the EU to the UK, TTC would rely on the adequacy regulation granted to the UK under the Adequacy Decision. 
• Any country located outside the UK/EEA: TTC would rely on appropriate safeguards under the UK GDPR, such as by including the relevant Standard Contractual Clauses in TTC’s data processing agreements

In the event TTC could not or choose not to continue to rely on either of those mechanisms at any time TTC would not transfer your personal data outside the UK unless TTC could do so on the basis of an alternative mechanism or exception provided by UK data protection law. 

11.     YOUR RIGHTS

You generally have the following rights, which you can usually exercise free of charge. For more information regarding these rights, please visit the ICO website here.

Access to a copy of your personal data - The right to be provided with a copy of your personal data.

Correction (also known as rectification) - The right to require TTC to correct any mistakes in your personal data.

Erasure (also known as the right to be forgotten) - The right to require TTC to delete your personal data - in certain situations.

Restriction of use - The right to require TTC to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data.

Data portability - The right to receive the personal data you provided to TTC, in a structured, commonly used and machine-readable format and/or transmit that data to a third party - in certain situations.

To object to use - The right to object:

• at any time to your personal data being used for direct marketing (including profiling)
• in certain other situations to TTC’s continued use of your personal data, e.g. where TTC uses your personal data for its legitimate interests.

Not to be subject to decisions without human involvement - The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you. TTC does not make any such decisions based on data collected by the Services.

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact TTC (see ‘How to contact TTC’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR. 

If you would like to exercise any of those rights, please contact TTC - see below: ‘How to contact TTC’. When contacting TTC please:

• provide enough information to identify yourself (e.g., your full name and username) and any additional identity information TTC may reasonably request from you, and
• let TTC know which right(s) you want to exercise and the information to which your request relates

12.   KEEPING YOUR PERSONAL DATA SECURE

TTC has appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. TTC limits access to your personal data to those who have a genuine business need to access it.

TTC also has processes in place to deal with any suspected data security breach. TTC will notify you and any applicable regulator of a suspected data security breach where TTC is legally required to do so.

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.

13.   HOW TO COMPLAIN

Please contact TTC if you have any queries or concerns about TTC’s use of your information (see below ‘How to contact TTC’). TTC hopes it will be able to resolve any issues you may have. You also have the right to lodge a complaint with the Information Commissioner. The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

14.     CHANGES TO THIS PRIVACY POLICY

TTC may change this privacy policy from time to time. When TTC makes significant changes, TTC will take steps to inform you, for example via a website publication, the Services or by other means, such as email.

15.     HOW TO CONTACT TTC

You can contact TTC by post or email if you have any questions about this privacy policy or the information TTC holds about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

Tracy Tookey Consulting Limited

11 Greencastle Pier Road, Kilkeel, Newry, County Down, Northern Ireland, BT34 4LR

enquiries@tracytookey.com