Welcome to mycctoolkit.com (“My CC Toolkit”), the website and online service of Watoto Play Ltd,” (“we”, “our” or “us”). My CC Toolkit is an online practice management software platform primarily for mental health care, wellbeing, educational and social care professionals.
My CC Toolkit consists of 4 distinct workspaces:
My Creative Workspace;
My Practical Workspace;
My Journal Workspace; and
My Community Workspace.
My Creative Workspace
The workspace provides a digital space where therapists and their clients can engage online in creative therapeutic activities. There is a library of therapeutic resources with suggestions on how the resources can be used. Creative artwork can be saved into the server from both the therapist’s and client’s accounts. The client’s account provides access to limited creative resources and the library of “learn more about each resource” is not available to the clients but only to therapists.
My Practical Workspace
This workspace is only available to therapists and consists of a data entry system where the therapist may log electronic health data about their clients, medical history, session notes, and clinical information. Therapists can also add electronic information about supervision, continuous professional development, a to do list and appointment bookings.
My Journal Workspace
This workspace is only available to the therapists’ clients, who may input journaling data about their wellbeing and health, sign consent forms and book appointments with their therapist. A client account can only be created when a therapist invites a client to join. The client account is a child account of the therapists account.
My Community Workspace
In this workspace, therapists can contact their clients via the internal messaging system. Therapists may also contact each other, but not other therapists’ clients.
This page explains the terms by which you may use our online and/or mobile services, website (including My CC Toolkit), materials and software provided on or in connection with the service (collectively the “Service”). By accessing or using our Service (such as by undertaking a free trial or subscribing to a paid plan) you agree to be bound by these Terms of Service, together with our Terms of Website Use and any other terms and policies referred to in these Terms of Service and/or our Terms of Website Use (“Agreement”).
In the event of any conflict between these Terms of Service and any other terms applicable to our Service these Terms of Service shall prevail, but only to the extent of the specific conflict in question.
To access the Service you must have an internet connection. If you have problems with your own local internet connection this will affect your access to the Service. In the event of your local internet connection not being available you will be unable to access the Service.
Periodically, we may make changes, add functionality, issue maintenance releases or introduce new features to the Service. These changes are made expressly at our discretion and where appropriate we will document these changes if they are material in nature.
There are 3 membership levels available to access My CC Toolkit:
• Therapists, Teachers, Social Care Professionals (known as Therapist Users);
• Clients (also known as patients or team members); and
• Resource Creators.
Together these users are referred to as Registered Users.
Your application to be a Registered User constitutes an offer to purchase the Service in accordance with this Agreement. Your order will be deemed to be accepted when we allow you to use the Service on subscribing for the Services whether on a full or a trial basis at which point this Agreement shall come into existence.
To become a Therapist User, you must hold a current membership with one of the following professional bodies:
For The U.K and Rest of World Excluding North America:
Association of Child Psychotherapists https://childpsychotherapy.org.uk/
Association for Dance Movement Psychotherapy UK https://admp.org.uk/
British Association for Behavioural and Cognitive Psychotherapies https://babcp.com/
British Association for Counselling & Psychotherapy https://www.bacp.co.uk/
British Association of Play Therapists https://www.bapt.info/
British Psychodrama Association http://www.psychodrama.org.uk/index.php
British Psychoanalytic Council https://www.bpc.org.uk/
College of Sexual and Relationship Therapists https://www.cosrt.org.uk/
European Association for Gestalt Therapy https://www.eagt.org/joomla/index.php
Federation of Drug and Alcohol Professionals https://www.smmgp-fdap.org.uk/
Health and Care Professions Council https://www.hcpc-uk.org/
Human Givens Institute
Irish Association for Counselling and Psychotherapy https://iacp.ie/
National Counselling Society https://nationalcounsellingsociety.org/
Play Therapy UK https://playtherapy.org.uk/
United Kingdom Association for Humanistic Psychology Practitioners
UK Association for Transactional Analysis https://www.uka4ta.co.uk/
UK Council for Psychotherapy
Universities Psychotherapy & Counselling Association http://www.upca.org.uk/
You license number will be checked prior to your account being verified.
(each a “Professional Body)
This list is not exclusive and if you are unsure please send support a message to enquire.
You must also be approved by us. We may ask for confirmation of your membership with a Professional Body at any time, which you must provide promptly. You must pay all subscription fees or charges when due. You agree that you will not be entitled to any refund in the event that we do not approve you as a Therapist User, or in the event that we suspend or terminate your access to My CC Toolkit. The approval process will be made available to you after you apply for to be a Therapist User. We reserve the right to refuse any individual from being a Therapist User at our sole discretion.
We may suspend or terminate your status as a Registered User and/or access to My CC Toolkit in the event that we reasonably believe you are no longer eligible to be a Registered User or you otherwise breach this Agreement.
Use of Our Service
You may use the Service only if you are a Registered User and only in compliance with this Agreement and all applicable national, and international laws, rules, and regulations.
You must be 13 years old or older to use or access the Service. If you are under 13 years old, your use of the Service must be directly supervised by your parent or guardian or another authorised adult (e.g. a therapist or teacher) who agrees to be bound by this Agreement.
Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any individuals previously removed, suspended or barred from the Service by us.
By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
My CC Toolkit Account
Your My CC Toolkit account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
We may maintain different types of accounts for different types of Registered Users. If you open a My CC Toolkit account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to My CC Toolkit with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another Registered User’s My CC Toolkit account without permission. When creating your My CC Toolkit account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your My CC Toolkit account, and you must keep your My CC Toolkit account password secure.
We provide 2 factor authentication, permit logins from one device only and provide training to help keep your account secure.
We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your My CC Toolkit account.
You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify us immediately of any breach of security or unauthorised use of your My CC Toolkit account at [email protected] We will not be liable for any losses caused by any unauthorised use of your My CC Toolkit account.
Certain portions of the Service may allow you to create or contribute to group accounts (“Group”). Access to a Group will be made available only to those Registered Users who are authorised by the creator or controller of the Group (“Group Owner”). The Group Owner will be responsible for adding Registered Users to the group, for managing permissions for authorised Registered Users, and otherwise for managing the account as set forth in this Agreement.
Your My CC Toolkit Account Preferences
You may control your Registered User profile and how you interact with the Service by changing the settings in your My CC Toolkit account. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Our Acceptable Use Policy applies to your use of My CC Toolkit.
Changes to the Service
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Registered Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorisation from us prior to establishing another account. If you attempt to establish another account without obtaining such authorisation, we may permanently ban you from the Service. You may not have more than one active account at any time without our written consent in each instance.
You are solely responsible for your interactions with other My CC Toolkit Registered Users. We reserve the right, but have no obligation, to
monitor disputes between you and other Registered Users. We shall have no liability for your interactions with other Registered Users, or for any Registered User’s action or inaction.
We do not support and will not tolerate the Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
Uploading and Publishing User Content to My CC Toolkit.
We take no responsibility and assume no liability for any material, content or interactions (including without limitation any material obtained directly or indirectly from a third party’s website) (“User Content”) that you or any other Registered User or third party posts, publishes or prints in using the Service.
You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that you shall not be liable for any damages you allege to incur as a result of User Content or your use of either in printed form. If you wish to complain about information and materials uploaded by other users please contact us here [[email protected] ].
You agree not to submit or use User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by sharing content featuring them or exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, pornographic or sexual, abusive, racially or ethnically offensive, defamatory, disparaging to My CC Toolkit or us, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
or contains any information or content that you know is not correct and current or is misleading.
You agree that any User Content and our use of the same to provide the Service does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that we may disclose such User Content to law enforcement or other government authorities.
For the purposes of this Agreement, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
My Community Workspace
The Community Workspace (“Community”) is a forum for Therapist Users only that wish to discuss or view online discussions on My CC Toolkit services and products. Therapist Users can share and view information, questions and comments from other Therapist Users, as well as follow, message and recognise other Users and review and recognise their posts (“Community Content”). Community Content will become public globally (including places without the same data protection as where you live).
My Community Workspace Guidelines
To participate in the Community, you must be over 18 and comply with the Community Guidelines, as amended from time to time.
Retention of Community Content
Please carefully consider the information you include on the Community and understand that even after you close your account on the Community or My CC Toolkit, your posts and other information will remain in anonymised form. To request removal of your information from the Community, please contact [email protected] If we are unable to remove any of your information, we will let you know why.
In addition to our other rights in this Agreement, we may comment on, move, correct, delete, edit or refuse to publish your Community Content to ensure it is accurate, not misleading and complete, to comply with this Agreement and our Community Guidelines or maintain the quality of the Community in our sole discretion.
Third Party Content
If you share a third party’s content on the Community, you must ensure you are permitted to do so under the laws applicable to you (including having a licence or their consent) and provide attribution (unless the third party waives this right or hasn’t consented to their personal information being shared on the Community).
You may choose to, or we may invite you to, submit comments or ideas about the Service (including on the Community), including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous,
unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Certain aspects of the Service may be provided for a fee or other charge (“Paid for Service”). If you elect to use paid aspects of the Paid for Service, you agree to the pricing and payment listed for the Paid for Service which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
All payments must be made by Stripe online payment system (https://stripe.com/). You acknowledge that Stripe is provided by a third party provider and agree that we shall have no liability for any loss, damages or costs incurred or suffered by you in using such third party service.
You may cancel your My CC Toolkit account at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your account (or you fail to successfully complete any approval process for membership) or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges associated with that transaction, including those incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such transaction interactions.
We may offer free trials for certain paid subscription Services to allow you to try and trial our Service. My CC Toolkit reserves the right to set eligibility requirements for free trials.
At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to such fee becoming due.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information (and if applicable, any personal information of a third party, such as your client) at your own risk.
Technology Limitations and Modifications
We will make reasonable efforts to keep our Service operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of our Service with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore our Service (or any part thereof) as soon as practicable. Following any disruption within our reasonable control we shall extend your access to any applicable Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to [email protected]
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by us.
You expressly relieve us from any and all liability arising from your use of any third-party app, website, service, events, training or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Our Responsibility for Loss or Damage Suffered by You
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Paid for Services
If you are using the Paid for Services: · Subject to the other exclusions and limitations of our liability in this Agreement, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
We will also not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of, or corruption of, data;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Our liability to you shall be limited to the fees you have paid to us in the preceding 12 months, or where you have held a My CC Toolkit account for less than 12 months, the fee payable by you for your first year of access to the Paid for Services.
For all Services which are not Paid for Services, the exclusions and limitations of liability set out in our Terms of Website Use shall apply.
Whether using the Paid for Services, or any other of our Services
This Agreement applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing; and
If you are a therapist, you agree that My CC Toolkit and its content and resources are used at your discretion and risk and that your use of the same shall be subject to your professional judgement and experience. We accept no liability for the use of any resources or content which you may use as part of our Service.
You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Service and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service.
You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any use of your User Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
Intellectual Property Rights
Subject to the terms and conditions of this Agreement, on becoming a Registered User you are granted a non-exclusive, limited, non-transferable, terminable and freely revocable licence to use the Service and the content on My CC Toolkit as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and in the content on My CC Toolkit and all the Intellectual Property Rights therein shall remain owned by us or our licensors. This licence will terminate when you cease to be a Registered User, or otherwise on notice from us.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
The layout, design, content and graphics on My CC Toolkit are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of My CC Toolkit may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
If you print off or download any material from My CC Toolkit in breach of this Agreement, your right to use My CC Toolkit will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.
Which Country’s Laws Apply to Any Disputes?
This Agreement, its subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England.
Our Company is wholly committed to protecting and respecting the privacy of all our therapists, clients, customers, partners and the end users of our services and website.
Important information about our policies
Our Terms of Service applicable to your use of Our Website where you are our Customer (“Terms of Service Policy”); and
This site is not intended for minors and we do not knowingly collect or solicit personal information from anyone under the age of 13. Therapist members of Our Website may submit information of children, subject to the conditions described below.
guidance issued by the Information Commissioner’s Office and other relevant regulatory bodies.
issues raised by our customers, partners and end users.
Accordingly, we suggest that you regularly check this page to ensure that you continue to be comfortable with the measures that we are taking to protect your privacy.
This policy was last updated on 20th January 2021.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our Company as controller
As controller, Our Company determines the purposes for which and the manner in your personal data is, or is to be, processed.
In this policy we describe the types of processing we may undertake with respect to your personal data.
The kind of information we may hold
We may collect, use, store, transfer and otherwise process the following types of personal data:
Customer Data: This is information you give us about you and your staff and may include:
Identity Data including name, username, date of birth and gender;
Contact Data including address, email address and telephone number;
Transaction Data including details about payments to and from you and other details of products and services you have purchased from us;
Creative Work created, saved or downloaded by you using the software and associated services provided and developed by Our Company which may be supplied to you;
Technical Data including 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, and other technology on the devices you use to access Our Website.
Profile Data including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
As controller, we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We may also hold personal data submitted by our customers of their clients (“Client Data”). We will hold this Client Data as processor, and the relevant customer will be
the controller. The terms applicable to Client Data are described below in the section, The Customer as Data Controller, the Company as Data Processor.
How is your personal data collected?
We use different methods to collect data from and about you including through:
You may give us your Identity Data and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
visit Our Website;
use our services, or apply to use our services;
correspond with us by filling in forms, post, phone, e-mail or otherwise;
request marketing to be sent to you;
participate in any discussion boards or other social media functions on Our Website;
submit an enquiry or support ticket to us regarding our services, whether by telephone, email, via our website or other channel;
register a profile, complete surveys, or tell us about any problems with Our Website;
submit material for publication on our website (whether in discussion boards, chat rooms or other social media platforms our website;
subscribe for any newsletter or publication we may supply.
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, server logs and other similar technologies.
Third parties or publicly available sources
We will receive personal data about you from various third parties as set out below:
Usage Data collected by Up Time Robot – error and performance monitoring for Our Website;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe.
How we will use personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you. This means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract;
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us;
Where we need to comply with a legal obligation. This means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests (which means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience).
We 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).
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
We have set out the ways we may process your personal data in the table below:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out: You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service purchase or other transaction.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table above.
· service providers acting as processors based provide IT, hosting and system administration services;
· professional advisers including lawyers, bankers, auditors and insurers based in who provide consultancy, banking, legal, insurance and accounting service;
· HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances;
· Payment service providers, including Stripe (https://stripe.com/);
· Other third parties:
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms of Service or the Terms of Website Use Policy and other agreements; or
to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
to assist us in improving our products and services. We monitor aggregated data that is collected by our service and may share this with third parties collectively and in an anonymous way. This data will not reveal personal information.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use
your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Where the Company will store personal data
We may hold personal information in electronic databases, such as our customer relationship management system. We take all reasonable steps to keep any personal information we hold about you (and any Client Data you submit) secure. All information which is provided to, or collected by, Our Company is:
stored on the Company’s secure servers in the U.K.
Hosted on secure data centre managed by our hosting partner with 24/7 manned security, CCTV, biometric access to the facility and restrictive access to the internals of the building based on authorisation levels.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Your data is encrypted on our servers during transit and at rest.
Passwords and Security
Where we have given you (or where you have chosen) a password which enables you to access your account, you are responsible for keeping this password confidential. Our Company asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although the Company will do its best to protect your personal data, the Company cannot guarantee the security of your data transmitted via Our Website; any transmission is at your own risk.
Once Our Company has received your information, Our Company will use strict procedures and security features to try to prevent unauthorised access.
Security Best Practices
To assist with the security of your personal data you should:
use a complex password for your account. Our Website uses 2 factor authentication which it can switch on. It is also strongly advised to use a combination of letters, numbers, and other characters;
do not write your password down anywhere or tell it to anyone. If you forget it, you can reset your password here.
log out of the website on computers or mobile phones when finished using Our Website;
preferably use Our Website only on computers or devices that belong to you and not share devices;
if using shared devices create a separate user account which only you have access to;
use a password or fingerprint scanner to secure your mobile phone – like TouchID on your iPhone;
do not reply to emails from us asking for your password or credit card details. We will never do this. If you’re unsure, contact us via our internal support ticket system in your membership dashboard.
if you are a therapist user, do not give access to your therapist account to clients whether supervised or not.
For client access always allow access via a client account. You will receive one client account with your therapist membership and more client accounts can be purchased if you want to provide your clients with individual accounts.
If you are screen sharing, please use the option “share part screen” you can watch the tutorial on how to do this in the library and get help using the Facebook group
How long Our Company will use personal data?
Our Company will retain your personal data for:
such time as this is required in connection with the services we are supplying to you;
following completion of the services for a period of not less than 6 years from the date the Services end.
We may retain Customer Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Your rights as a data subject
Under certain circumstances, if you are an individual in respect of whom Our Company processes Personal Data, you have the following rights. Please note that this is a summary of your rights. If you wish to understand your rights in detail you should read the relevant laws of your country, guidance and regulations for a fuller explanation.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. We will supply the data free of charge but we reserve the right to charge a reasonable fee (or refuse to act on the request) if you request additional copies of the information, if access requests are unfounded or excessive. There are circumstances where we may withhold the supply of your Personal Data – for instance where the rights and freedoms of others may be affected or where we are permitted by law.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (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.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data’s accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you or information as state
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond: We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Withdrawal of consent
In any cases where the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Such withdrawal will not affect the lawfulness of any processing before you withdraw consent.
If you fail to provide personal information
If you, the Customer, fail to provide certain information when requested, Our Company may not be able to perform the Services and any contract we have entered into with you or we may be prevented from complying with our legal obligations. In which case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Third Party Links
The Website may, from time to time, contain links to and from the websites, plug-ins and applications of our partner networks, advertisers and affiliates. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that we do not control these third-party websites, which may have their own privacy policies, and that we are not responsible for their privacy statements.
When you leave Our Website, we encourage you to read the policy statement of every website you visit.
You are the controller of Client Data
Where you input Client Data to Our Website, which may be collected, stored and processed as a result of your use of the services, you will be the controller of the Client Data. Our Company will be a processor only. In cases where you are collecting, storing and processing Patient or client Data you will determine the purposes for which and the manner in which that Client Data is, or is to be processed.
You will also be responsible for:
compliance with all applicable data protection legislation including all data protection and privacy laws relevant to the territory in which you operate and/or which are applicable to your clients.
informing us if any client objects to either your or our processing. You can inform us at [email protected]
Your Client Data is to be distinguished from Customer Data which Our Company has collected from you (our Customer). For example, you may have agreed to our collection, use, transfer and storage of Customer Data (including data of your staff) for Our Company’s own business purposes including administration of contractual arrangements, sales and marketing.
Conditions for Processing
You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Client Data to Our Company and/or lawful collection of the Client Data by Our Company on your behalf for the duration and purposes of the services we provide to you.
Our Company shall, in relation to any Client Data processed in connection with the performance by Our Company of the services we provide to you:
ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Client Data and against accidental loss or destruction of, or damage to, Client Data, as are appropriate;
ensure that all our staff who have access to and/or process Client Data are obliged to keep the Client Data confidential;
not transfer any Client Data outside of the UK unless the you have given you prior written consent has been obtained and the following conditions are fulfilled:
you or Our Company has provided appropriate safeguards in relation to the transfer;
the data subject has enforceable rights and effective legal remedies;
Our Company complies with its obligations under the applicable data protection legislation by providing an adequate level of protection to any personal data that is transferred; and
Our Company complies with reasonable instructions notified to it in advance by you subject to 28 days’ notice with respect to assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the
Applicable Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify the Customer without undue delay on becoming aware of a Personal Data Breach;
within 60 days of the date of termination or cancellation of your Contract delete Patient’s or clients Data and copies thereof unless required by Applicable Laws to store the Personal Data; and
maintain comprehensive and accurate records and information to demonstrate its compliance with these obligations.
You acknowledge that Our Company uses various third-party suppliers to provide functionality within Our Website for your optional use to deliver and send text and email messages. You accept that such use will be in accordance with the third-party suppliers’ terms and conditions and their respective privacy policies.
You will ensure that you have obtained consent from any individual, or other authority, to share that individual’s Client’s Data via these communications.
You hereby consent to the following third party processors processing Client Data as part of our service.
Our Company is not liable in respect of any Client Data which is controlled by you in breach of the Applicable Laws or outside the scope of the permissions granted to you by your client.
Client Data, which may be personal data you enter and save into Our Website about your clients when using Our Website and our services. It may also be personal data your client enters and save’s directly into a Client Account. The personal data entered may include, but is not limited to:
Landline and Mobile Number;
Letters & documentation;
Communications with other healthcare professionals;
Creative work/ activities/ worksheets
and other information necessary for the operation of our services and/or Our Website.
This Client Data may be supplied by you when you:
use our services in the course of your business;
use Our Website in the course of your business; or
when you report a problem with our Site.
This Client Data may be processed by us for the purposes of:
storing Client Data on Our Website;
storing Client Data on our servers;
supplying you with our products and services;
enabling and assisting us to comply with all legal, regulatory and compliance obligations to which we are subject; and
ensuring the security of our services, maintaining back-ups of our databases and sending communications to you.
Our Processing of Client Data
The legal basis for this processing is:
you have obtained all necessary and appropriate consent from the client/data subject in accordance with the Applicable Laws;
because this is necessary for your use of Our Website and the supply of our services to you, and performance of our contract; and/or
your legitimate interests, namely the supply of your services to your Clients.
We will assist you in any audit of our processing of Client Data, on your reasonable written notice and at reasonable times.
Duration of Processing
Where we are the processor, Our Company will only process Client Data in accordance with the conditions for processing set out in this policy.
We shall only process Client Data while our contract with you is continuing and shall cease such processing:
when requested by you;
on termination of the contract;
on cancellation of the contract; or
at the request of the data subject.
Following completion of the services we may retain the Client Data for a maximum period of 45 days from the date the Services end, unless you instruct us otherwise.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at: [email protected]