Privacy Notice
Five Areas Limited (“Five Areas”)
Introduction
Welcome to the Five Areas privacy notice.
Five Areas respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, tell you about your privacy rights and how the law protects you when:
- you visit this website or any other Five Areas websites (“Sites”); and
- when you use any of the online tools and services which are available through our Sites (“Services”); or
- purchase any of the books and other items available through our Sites (“Products”).
A copy of this policy can be downloaded here: www.llttf.com/privacy.
The following definitions are also used in this privacy notice:
- Individual: means a person who registers on any of our sites in order to use the Services for his/her own benefit;
- Practitioner/Supporter: means a person, whether qualified (such as a qualified doctor or other professional working within the health, employment or wellbeing sector) or a supporter in other settings (e.g. a teacher, voluntary/third sector worker or employee, relative or friend) who uses the Services in order to work with an Individual.
- System: means the secure e-commerce platform which we operate to enable the Services to be provided via the Sites; and
- User: means any person accessing our Sites.
All the Sites are operated by Five Areas Limited.
Topics covered in this privacy notice
- Important information and who we are.
- The data we collect about you.
- How your personal data is collected.
- How we use your personal data.
- Disclosures of your personal data.
- International transfers.
- Data security.
- Data retention.
- Your legal rights.
- Important information and who we are.
Purpose of this privacy notice.
This privacy notice aims to give you information on how we collect and process your personal data through your use of the Sites and Services.
The Sites (other than www.llttfyp.com, or iterations of that site, which has been designed specifically for young people) are not intended for children and we do not knowingly collect data relating to children. If you think we have collected data we should not (relating to children or otherwise) please contact us to provide details using the details below. This will let us investigate and arrange to delete or destroy data which is not required.
We have provided this privacy notice to demonstrate our compliance with relevant data protection rules and help to show clearly how we use your personal data.
Controller
In relation to the provision of our Sites and Services, Five Areas Limited is the controller and responsible for your personal data (collectively referred to as “Five Areas”, “we”, “us” or “our” in this privacy notice). We may operate under different brand names including “Five Areas”, “Living Life to the Full” or “LLTTF”.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights set out below. You can contact the data privacy manager by using the contact details set out below.
Contact details
Our full details are:
Five Areas Limited (UK Company Number: 06420019)
Name or title of data privacy manager: C Williams
Email addresses: gdpr@llttf.com
Postal address: Five Areas Ltd, Titan Enterprise Business Centre, 1 Aurora Avenue, Clydebank, West Dunbartonshire, G81 1BF.
Your Right To Complain
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. Our ICO registration number is: Z3345595.
Changes to the privacy notice and 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. You can update your contact details within the Account Settings area of your Dashboard when logged in.
We reserve the right to change this privacy policy from time to time by changing it on the Sites and by emailing you.
Third-party links
Our Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Sites, we encourage you to read the privacy notice of every website you visit.
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 check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you don’t provide false, inaccurate information or impersonate another individual.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Contact Data is the information provided about you when forms on our Sites are completed, including information provided to create an account and log-in details for our Services usually including name, last name, and email address, and delivery address in relation to the purchase of Products.
- Disclosed Data: is the information about yourself, including information about your health, physical and mental well-being or interests, which if you are an Individual using the Services you may disclose or which your nominated Practitioner/Supporter may provide, and which is retained securely on our System in relation to your use of such Services.
- Financial Data can include bank account details, credit history and reports. We do not collect income, credit history, reports or tax information.
- Transaction Data includes details about payments to and from you and other details of Services or Products you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Sites. We will only collect location data or IP addresses in certain cases, or when we need to ensure that users only access Services from a defined locality.
- Usage Data includes information about how you use our Sites and Services, for example what online modules or worksheets have been started or completed and when.
- Profile Data includes your username and password, your interests, preference, feedback and any survey responses including your mood self-ratings using our Smiley faces mood rater.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Personal identifiers
We use email as our default unique identifier. Occasionally a commissioning service may request we use a general identifier such as organisation you have come from, or a service or NHS number.
Anonymised data for research and analysis
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you and is therefore no longer personal data) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of Users accessing a specific Sites feature or the number of Service types that are purchased. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Special Categories of Personal Data
Data Protection legislation imposes additional obligations in relation to “Special Categories” of personal data. This is data regarding a person’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetic and biometric data).
The only Special Category of personal data we obtain is the data regarding your health and wellbeing which is part of your Disclosed Data. Prior to processing any special category data, we will obtain your express consent to the use of such data.
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, if you do not provide us with address or email information, we would not be able to deliver any Product ordered to the delivery address. In this case, we may have to cancel delivery but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Profile and Financial Data by filling in forms, providing documentation or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase or use our Services;
- create an account on our Sites or otherwise;
- request marketing such as a newsletter to be sent to you; or
- ask us a question or give us some feedback.
- Automated technologies or interactions. As you interact with our Sites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies as set out in the Cookies section below.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytics providers and search information providers (including Google Analytics, based outside the UK).
- Transaction Data from providers of technical, payment and delivery services.
- Financial Data from private institutions who make such information available to us, such as credit reference agencies.
We do not collect personal data in other ways (for example, we will not access any data you hold on your smartphone, watch or other device).
We will only use your personal data when the law allows us to and we will only collect the minimum amount of personal data for our requirements. 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 a you (as an Individual or Practitioner/Supporter) for the Services and which involves your accessing the Services.
- 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 or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You always have the right to withdraw consent to marketing at any time by contacting us or for example, by opting out of our newsletters using the unsubscribe link at the bottom of the email.
We are aware of the National Data Opt-out Policy relating to use of patient information in England and Wales for improving health, care and services including:
- Planning to improve health and care services; and
- Research to find a cure for serious illnesses.
We do not undertake these activities as a Controller. In the event we are asked to undertake these activities as a Processor we comply with the National Data Opt-out. If you are a patient of the health care system in England or Wales and want to stop your confidential patient information being used for research and planning you can find more information and opt-out here: www.nhs.uk/your-nhs-data-matters .
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also given details of our legitimate interests where appropriate.
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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To register you on our System to enable your use of the Services. | (a) Contact.
(b) Profile. |
Performance of a contract with you. |
| To provide newsletters you have subscribed to | (a) Contact.
(b) Profile. (c) Marketing and Communications. |
(a) Performance of a contract with you.
(b) Consent. |
| To provide the Services to you including:
· Verify the identity of Individuals and Supporters/Practitioners; · Manage payments, fees and charges. · Collect and recover money owed to us. |
(a) Contact.
(b) Financial. (c) Transaction. (d) Disclosed.
|
(a) Performance of a contract with you.
(b) Necessary for our legitimate interests (to recover debts due to us). (c) Necessary for the legitimate interests of others (preventing fraud). (d) Consent (required for (d) Disclosed Data). |
| To manage our relationship with you which will include:
· Notify you about changes to our terms or privacy notice; · Contact you to provide reminders on important usage issues; · Ask you to leave a review or take a survey; and · Responding to you when you contact us via the Sites. |
(a) Contact.
(b) Profile. (c) Marketing and Communications. |
(a) Performance of a contract with you.
(b) Necessary to comply with a legal obligation. (c) Necessary for our legitimate interests (to keep our records updated, study how Individuals use our Services and to improve our Services into the future). |
| To administer and protect our business, Sites and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Contact.
(b) Profile.. (c) Technical. |
(a) Necessary for our legitimate interests (for running our business, network security, to prevent fraud).
(b) Necessary to comply with our legal obligations. |
| To deliver relevant Sites content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. | (a) Contact.
(b) Profile. (c) Usage. (d) Marketing and Communications. (e) Technical. |
Necessary for our legitimate interests (to study how Individuals use our Services, to develop them, to grow our business and to inform our marketing strategy). |
| To use data analytics to improve our Sites, Services, marketing, customer relationships and experiences including through machine learning techniques. | (a) Technical.
(b) Usage.
|
(a) Necessary for our legitimate interests (to define types of Individuals for our Services, to keep our Sites updated and relevant, to develop our business and to inform our marketing strategy).
|
| To make suggestions and recommendations to you about Services that may be of interest to you | (a) Contact.
(b) Profile. (c) Technical. (d) Usage. (e) Marketing and Communications. (f) Disclosed Data |
(a) Necessary for our legitimate interests (to develop our Services and grow our business).
(b) Consent (required for (f) Disclosed Data). |
Machine Learning Improvements
We may use certain data to improve and develop our Services through machine learning models. Where we use data for this purpose, it will be aggregated, or use non- personal data received through data analytics or other responses/questionnaires/ communications.
Communications
As set out above, we may contact if required for the delivery of the Services or where you have requested communications from us. This can be done by email or text reminder notifications, or automated email supports. You are in charge of whether you receive these and can update communication preferences through the Dashboard.
We do not use push notifications.
Marketing
We aim to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We will not share your details with any third party for marketing purposes..
Promotional offers from us
We may use your Contact, Profile, Technical and Usage 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 Services and offers may be relevant for you and send to you through our marketing messages. We will only use this data for marketing purposes through Living Life To The Full.
You will only receive marketing messages from us if you have specifically requested information from us or otherwise consented to the marketing. .
Opting out
You can ask us to stop sending you marketing messages at any time by contacting us or unsubscribing from our marketing list.
Cookies
Cookies are small text files of information stored on your computer when you visit certain webpages. The cookie may contain a unique identifier but it does not contain personally identifiable information such as your name or email address. This information may be analysed by third parties on our behalf, but is not sold on to anyone else.
We use the following types of cookies:
- Session cookies: these last only for the duration of your visit and are deleted when you close your browser. These facilitate various tasks such as allowing a website to identify that a User of a particular device is navigating from page to page, supporting website security or basic functionality. Many of the cookies we use are session cookies. For example, they help us to ensure the security of session, and can also keep you logged in while you move between pages.
- Persistent cookies: these last after you have closed your browser, and allow a website to remember your actions and preferences. Sometimes persistent cookies are used by websites to provide targeted advertising based upon the browsing history of the device. We do not use Persistent Cookies except those within Google Analytics (although all data in Google Analytics is aggregated and anonymised).
- First and third party cookies. Whether a cookie is a first or third party cookie depends on which website the cookie comes from. First party cookies are those set by or on behalf of the website visited. All other cookies are third party cookies. We use both first party and third party cookies. Google Analytics are the only 3rd party cookies we use.
- Domain cookie. A domain cookie is used by a web application to store information related to your preferences to enhance your user journey. No information is held specific to any customer. The data relates to how the customer views the site. This is not a third party cookie. We do not use domain cookies.
What we use cookies for:
- We may use cookies to keep track of your preferences and profile information, to send you more relevant information related to your use of the Services. Cookies are also used to collect general usage and volume statistical information that does not include personal information. We use a third party provider (Google analytics) to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our Sites. Users can control the use of cookies at the individual browser level.
- Understanding how you use the Sites and Service: we use a range of services to understand how you use our Sites and Service including Google Analytics. This helps us continually improve our Service and deliver more relevant and useful content to you.
You can disable cookies associated with Google analytics by adjusting your browser settings. Each browser is different, so check the “Help” menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences. The “Help” menu on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For tools and downloads to opt-out of Google Analytics tracking please visit Google Analytics Opt-Out.
If you reject or disable cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited including viewing our resources.
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 to request your consent and explain the relevance of the unrelated purpose.
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.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Service providers who provide payment, marketing, IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers based within the EU who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances, especially in the prevention of money laundering and fraud.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We may share anonymised or non-personal data with commissioning organisations. We will only share Disclosed Data with providers who commission our Services to provide services to you where you have given your consent.
Where we have shared personal data, 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.
Connected Apps or Devices
We do not share data with or access data from other connected apps or devices. We may receive email address or other personal identifier from commissioning organisations to avoid a double login or restrict access to Services.
Some of our external third party suppliers are based outside the UK. Their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK Information Commissioner’s Office.
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK, including use of transfer risk assessments, international data transfer agreements and addendum to the standard contractual clauses.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
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. We use an approach called security by design. Personal data held by us is encrypted during transit and at rest and we have appropriate physical protections (like anti-virus software and firewalls) in place.
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.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. If your account is deleted, all personal information will be removed from our systems except for any Transaction Data, Technical Data and records required to comply with our legal obligations, resolve disputes and enforce our agreements.
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 requirements.
Our current default retention period for registered user’s personal data and response data is 18 months from last use (where the licence is paid but there is no activity on the account) or such other period as is agreed under our terms and conditions. In relation to microsites only, information will be retained for up to 8 weeks following the licence termination/expiry or non-payment of the technical support fee. Payment information will be retained for 7 years from last use.
The retention periods above may be shortened where we receive a request for personal data to be deleted under section 9 – Your Rights.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Access to information: You have the right to request a copy of the information we hold about you.
- Ensuring accuracy of information: We want to make sure that your personal information is accurate and up-to-date. You may ask us to correct or complete information that is inaccurate or incomplete.
- Right to erasure: You may have a right to erasure, which is more commonly known as the ‘right to be forgotten’. This means that in certain circumstances you can require us to delete personal information held about you.
- Ability to restrict processing: You may also have the right to require us to restrict our use of your personal information in certain circumstances. This may apply, for example, where you have notified us that the information we hold about you is incorrect and you would like us to stop using such information until we have verified that it is accurate.
- Right to data portability: You will not be able to export data yourself but you have the right to receive personal data we hold about you in a format that enables you to transfer such information to another data controller (e.g. such as another service provider). Data will not be exported from our application or Sites unless you request this.
- Review by an independent authority: You will always have the right to lodge a complaint with a supervisory body, including ICO as listed above.
- Preventing direct marketing: We do not sell your personal data. From time to time, we may send emails containing information about new features and other news about us. This is considered direct marketing. We will always inform you if we intend to use your personal data or if we intend to disclose your information to any third party for such purposes.
- Objecting to other uses of your information: You may also have the right to object to our use of your information in other circumstances. In particular, where you have consented to our use of your personal data, you have the right to withdraw such consent at any time. Additionally, you have the right to request that you are not subject to decision making based solely on automated processing (including profiling). We do not offer automated processing or profiling at present.
If you would like further information on how you can exercise these rights, please email us at gdpr@llttf.com.
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 may 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 may 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.
Date and version: February 12th 2024 Five Areas Privacy Notice (February 2024) (6891449.1)