This Privacy Policy explains how the application My Human Design collects, uses, and discloses information about you when you access or use our mobile application, and any other online services (collectively, the “Services”), and when you contact our customer service team, engage with us on social media, or otherwise interact with us. We respect your privacy and we are committed to protecting your personal data.  This Privacy Policy will also tell you about your privacy rights and how the law protects you.

The app is owned and operated by 38 (Guernsey) Ltd. and in this Privacy Policy we are referred to as “MHD”, “we” “our” or “us”.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the end of this paragraph and, in some cases, we may provide you with additional notice (such as adding a statement on the app or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you. This version was last updated on 5^th July 2021.

1. Important information and who we are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and processes your personal data through your use of this app, including any data you may provide through this app when we create a chart for you.

This app is not intended for children under 13 years and we do not knowingly collect data relating to children under that age.

Contact details

If you have any questions about this Privacy Policy or our privacy practices, please contact us by email on the address: [email protected].

Your duty to inform us of changes

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.

Third-party links

This app may include links to third-party websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the Privacy Policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• “Identity Data” includes first name, maiden name, last name, date, time and place of birth.
• “Contact Data” includes email address and telephone numbers.

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. If any such information is revealed in a reading this will not be recorded, stored or processed by us.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with an audio recording goods or a reading). In this case, we may have to cancel a delivery or appointment you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We may use automated technologies or interactions to collect Technical Data about your equipment, browsing actions and patters by using cookies or similar technologies.

You may give us your Identity Data and Contact Data by filling in a form on this app or by corresponding with us by email. This includes personal data you provide when you:

• apply for our products or services;
• create an account on this app;
• subscribe to any service or publication;
• give us feedback or contact us.

4. How we use your 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.
• 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.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data. We would require your consent to use your data for marketing purposes but it is our policy to NOT use your data for marketing, analytics or any purpose other than set out in the table below or on the website.  And we do not use cookies other than those that are essential for the functionality of the app.

Information for California Residents

Sections 5 to 7 provide additional disclosures required by the California Consumer Privacy Act (or “CCPA”).

Please see the sections below for a list of the personal information we collect about California consumers, along with our business and commercial purposes and categories of third parties with whom this information may be shared. For more details about the personal information we collect, including the categories of sources, please see section 3 above “How is your personal data collected.

5. Categories of personal information we collect

Identifiers, such as your name, phone number, email address, social media handle, and unique identifiers (like IP address) tied to your browser or device. Characteristics of protected classifications under state or federal law, such as gender and age.  Commercial information, such as your payment information and MHD product or service purchases. Approximate geolocation data. Internet or other electronic network activity, such as browsing behaviour and information about your usage and interactions with our Services. Audio, electronic, visual, or similar information, such as profile photo or personal information you may provide during customer support calls and call recordings.  Other personal information you provide, including opinions, preferences, goals and previous meditation experience and other personal information contained in reviews, surveys, or communications. Inferences drawn from the above, such as product interests, and purchasing insight.

6. Business or commercial purposes for which we may use your information

Performing or providing our services, such as to maintain accounts, provide customer service, process orders and transactions, and verify customer information. Improving and maintaining our Services and developing new products and services. Debugging, such as to identify and repair errors and other functionality issues. Communicate with you about marketing and other relationship or transactional messages. Analyze usage, such as by monitoring trends and activities in connection with use of our Services. Personalize your online experience, such as by tailoring the content you see on our Services based on your preferences, interests, and browsing behaviour. Legal reasons, such as to help detect and protect against security incidents, or other malicious, deceptive, fraudulent, or illegal activity.

7. Parties with whom information may be shared

Companies that provide services to us, such as those that assist us with customer support, subscription and order fulfilment, communications and surveys, data analytics, fraud prevention, cloud storage, bug fix management and logging, and payment processing. Third parties with whom you consent to sharing your information, such as with social media services or academic researchers. Our advertisers and marketing partners, such as partners that help determine the popularity of content, deliver advertising and content targeted to your interests, and assist in better understanding your online activity. Government entities or other third parties for legal reasons, such as to comply with law or for other legal reasons as described in section 15 “Disclosures of your personal data”.

Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any sales that may be occurring, and to not be discriminated against for exercising these rights.

We do not sell the personal information we collect (and will not sell it in the future without providing a right to opt out).

California consumers may make a rights request by emailing us at [email protected]. We will verify your request by asking you to provide information that matches information we have on file about you. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents should submit requests through the same channels, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.

Information for Individuals in Switzerland, UK and the EEA

Sections 8 to 13 apply to you if you use our Services while in Switzerland, the United Kingdom or the European Economic Area (collectively, “Europe”).

8. Controller

MHD is the data controller and responsible for your personal data.

9. Legal Basis for Processing

When we process your personal data we will only do so in the following situations:

• As necessary to perform our responsibilities under our contract with you (like processing payments and providing the services you have requested);
• When we have a legitimate interest in processing your personal data, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services;
• As necessary to comply with our legal obligations; and
• When we have your consent to do so.

Please 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.

An explanation of some of these terms:

Legitimate Interest 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 on [email protected]

Performance of Contract 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.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

10. Your right to complain

You have the right to file a complaint regarding our data protection practices with a supervisory authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC site for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

If you are in the United Kingdom, please see this site for contact details: https://ico.org.uk/global/contact-us/ We would, however, appreciate the chance to deal with your concerns before you approach a supervisory body so please contact us in the first instance.

If you would like to exercise any of these rights please contact us on [email protected].

11. International data transfers

Personal Data collected from clients in the UK or EU will not be transferred outside the European Economic Area (EEA) without your specific consent.

12. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact Data and Identity Data,) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

13. Your legal rights

Subject to certain limits and conditions provided under law, you have the following rights:

• 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.
• 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.
• Request 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.
• 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.

If you wish to exercise any of the rights set out above, please contact us [email protected].

No fee will usually be 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.

The following information relates to all users:

14. 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 on [email protected].

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.

15. Disclosures of your personal data

We will share your personal data with the following third parties only:

• The app store which is subject to Apple’s privacy policy: https://support.apple.com/en-gb/HT210584
• Google play store, which is subject to Google’s privacy policy: https://policies.google.com/privacy?hl=en
• https://api.myhumandesign.com for creating a user’s chart
• Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• Law enforcement and taxation authorities, regulators and other authorities based in your jurisdiction.

16. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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.