Our Website Terms of Use:
PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY EDUCATION DESTY LIMITED (“COMPANY”) WHICH OWNS AND OPERATES EDUCATIONDESTY.COM AND THE DESTY MENTOR ACADEMY (“SITE”). BY VISITING OR USING THE WEBSITE, FORUM, SOFTWARE OR ANY OTHER EDUCATION DESTY SERVICES (“SERVICES”) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. ACCESS TO THE SERVICES
The EDUCATION DESTY Ltd. website and domain name and all other websites and domain names affiliated with Company, and any other linked pages, features, content, including but not limited to training materials, or application services offered from time to time by Company in connection therewith (collectively, the “Site”) are owned or operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services described more fully on the Site (“Services”), that you select through the process provided on the Site, solely for your own, personal use, and not for the benefit of any third party. The term “Services” shall include, without limitation, any service Company performs for you and the content offered by Company whether on or off the Site. Company may change, suspend or discontinue all or any part of the Services at any time. Company also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to Company that: (i) you are an individual (i.e., not a company) and you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. USE BY CHILDREN
Company collects limited personal information about minor students, but only where that student’s parent, carer, teacher, school or a health care organisation has contracted with Company to collect personal information from students for the use and benefit of the learning environment. Company requires schools and/or teachers to obtain parental consent from students’ parents/guardians before collecting any such personal information.
Company is a data processor and not a controller of any student data provided, processing of any student data in relation to the project is carried out only on and subject to the instructions of the data controller (i.e. student’s parent, carer, teacher, school or a healthcare organisation). Company complies with obligations equivalent to those imposed on the data controller by section 2(1)(d) of the Data Protection Acts.
3. ADDITIONAL TERMS
For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy at educationdesty.com/privacy-policy which is hereby incorporated into this Agreement by reference, and by inclusion at the bottom of this Agreement.
FOR PARENTS, CARERS, TEACHERS, SCHOOLS OR HEALTHCARE ORGANISATIONS:
If you are accessing the Services on behalf of a school or educational organisation, the following terms also apply to you:
(i)You must obtain advance written consent (“Consent”) from all parents/guardians whose children will be accessing the Services. When obtaining Consent, you must provide parents/guardians with a copy of our Privacy Policy. You must obtain written consent from all the students who will be accessing the Services. You must keep signed Consents on file and provide them to the Company upon our request.
(ii) You will only grant access to the training and DESTY System to teachers and staff members who are currently working for your school or organisation. Upon termination of a teacher or other staff member’s contract with you, you will require such individual to cease using the access credentials linked to the system that he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or organisation who is not, in fact, affiliated with your school or organisation, you will notify the Company immediately.
FOR EDUCATORS:
If you are accessing the Services as an educator, the following terms also apply to you:
(i) You represent and warrant that you have permission from your school or organisation to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school or organisation, and that you have authority to bind your school or organisation to the terms of this Agreement.
(ii) When obtaining Consent, you must provide parents/guardians with a copy of our Privacy Policy, the latest version of which can be found at http://www.educationdesty.com/privacy-policy. You must keep signed Consents from parents/guardians and students on file and provide them to Company upon our request.
Integrity of the Programme:
The company reserves the right to revoke DESTY Mentor Certification and access to the DESTY Portal if it is deemed that the nominated DESTY Mentor compromises the integrity of the programme through non or incomplete engagement with the training programme or if there is evidence that the nominated mentor is not using the programme in accordance with the guidance of the programme. In addition, any evidence that access details to the DESTY Portal have been shared with another person will result in the revoking of access to the system.
In cases where the training and the programme has been funded by the school, the organisation will enter into details as to whether or not a refund is applicable. In cases where the nominated mentor has been funded by another organisation, the contact person in the organisation will be contacted and the package will be returned to the organisation so it may be offered to another nominated mentor.
4. SITE AND OTHER CONTENT
The Site and its contents are intended solely for the personal, non-commercial use of Site users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, or elsewhere (including, but not limited to training materials, text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Content (and other items displayed on the Site for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Site without Company’s prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users through the use of one or more of the DESTY Community Forums. You understand that by posting information or content on the Site or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share your personally identifiable information in accordance with Company’s current privacy policy at https://educationdesty.com/privacy-policy/ You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
5. YOUR WARRANTY
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, racist, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
6. RESTRICTIONS
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, otherwise illegal activity or breach of this agreement may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Site, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You may not transfer your account, or share your login credentials, with anyone without express prior written consent of the Company.
7. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered through the Services. The Services are provided “AS IS” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with Company and select a password and username (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorisation (ii) share your username and password with any other person for any reason. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
9. INDEMNITY
You will indemnify and hold Company, its parents/guardians, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and legal fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
10. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website. Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
11. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at info@educationdesty.com. Company may suspend or terminate your access to the Services, Site or your account at any time, if the terms and conditions as outlined are breached including the sharing of username and password credentials to enable another person to access an account. Upon termination of your account, your right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. These Terms of Use are governed by the laws in force in the Republic of Ireland. You agree to submit to the exclusive jurisdiction of the courts in the Republic of Ireland.
13. GENERAL
(i) We do not accept any liability for any failure to comply with the Terms of Service where the failure is due to circumstances beyond our reasonable control.
(ii) If we waive any rights available to us under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(iii) If any of the Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
Our Privacy Policy
This Privacy Notice explains the use and processing of personal data by Education DESTY Limited, a company incorporated in Ireland with registered number 558198 whose registered office is at Aghagower, Westport, County Mayo, Ireland (“DESTY”, “we”, “us”, “our”) when you use this website https://www.educationDESTY.com and the resources provided on it.
1. DESTY Island
1.1 DESTY Island is the name given to our online learning programme that supports the growth of emotional resilience in children (each a “DESTY Child”).
1.2 A DESTY Child’s exploration of DESTY Island is entirely at the option of his/her parent or legal guardian. If your child’s school or a health/social care organisation (“Organisation”) is coordinating your child's access to DESTY Island they must seek your prior written permission before your child can begin their DESTY Island journey. Like all permissions, you can withdraw it at any time by contacting the relevant Organisation, or by contacting us using the Contact Us details below.
1.3 DESTY Island is a secure, encrypted, access controlled, portal which only DESTY trained mentors (e.g. a parent/guardian, carer, teacher or health/social care professional who completes the DESTY mentor online training and support programme (“DESTY Mentor”) can access.
1.4 Children do not have access credentials to DESTY Island and cannot themselves create any kind of user account on our services. Children’s access to and participation in DESTY Island is led, controlled and supervised by their DESTY Mentor. Other than this supervised access to DESTY Island, our website and the services provided on our website are not intended for access or use by children.
1.5 We do not ask for any personal data on DESTY Island that directly identifies a DESTY Child. Progress through DESTY Island, including completion of workshop workbook assignments, does not require us receiving information that tells us the identity of a DESTY Child. However, as described in section 1.6 below, a DESTY Mentor or DESTY Child may set up a DESTY Island profile using a DESTY Child’s full name (although this is not required). Also, it is technically possible for us to imply personal data of a DESTY Child (e.g. if a DESTY Mentor designates him/herself as parent/guardian one might imply the identity of the DESTY Child if that parent/guardian cares for only one child). However, we do not do this and we maintain organisational and technical security measures intended to prevent anyone from doing this.
1.6 When beginning the DESTY Island programme DESTY Children are allocated by their Organisation and/or their DESTY Mentor an identification number which is matched to their ‘child pass’ (which is a user license).This information is encrypted on our servers. DESTY Mentors help DESTY Children create a DESTY Island profile which includes their name (first or nickname, or pseudonym), age, avatar (which is a cartoon image, not a representation of the child) and some other personalised (but non-identifiable) settings on DESTY Island. This information is automatically encrypted once inputted by the DESTY Mentor or the DESTY Child (under supervision by his/her DESTY Mentor). We don’t know the identity of DESTY Children from the identification/child pass number assigned to them, or their personalised settings.
1.7 CONSENT. We rely on parental / legal guardian explicit consent obtained:
1.7.1 from a DESTY Mentor who is the parent / legal guardian of the DESTY Child. This consent is obtained from the parent / legal guardian before assigning a child pass for a DESTY Child’s access to DESTY Island; or
1.7.2 by the Organisation or DESTY Mentor who coordinates the obtaining of parental / legal guardian explicit consent before assigning a child pass to a DESTY Child.
Your consent may be withdrawn at any time by contacting us using the Contact Us details below. This will not affect the lawfulness of any processing of DESTY Child Data carried out before consent is withdrawn. If consent is withdrawn, the DESTY Child will not be able to participate in DESTY Island.
1.8 DESTY Mentors (e.g. parent/guardian, carer, teacher or health/social care professional) and/or the relevant Organisation is a controller (as this term is defined under data protection law) of personal data they collect when DESTY Children they care for take part in DESTY Island.
1.8.1 If you are a DESTY Mentor and also a parent or legal guardian of a DESTY Child, you may have certain legal responsibilities for the personal data of your DESTY Child;
1.8.2 If you are a DESTY Mentor but not a parent or legal guardian of the DESTY Child you and/or your Organisation may have certain responsibilities under applicable data protection laws (e.g. Article 13 and 14 of the GDPR (Regulation (EU) 2016/679) to provide your DESTY Children and/or their parents/legal guardians with information regarding your data protection practices and their data protection rights.
DESTY is only responsible for, and this Privacy Notice only deals with, DESTY’s own data protection and privacy practices. This Privacy Notice does not deal with DESTY Mentors’ or Organisations’ (e.g. education, health or social care bodies) data protection or privacy practices.
1.9 We do not share DESTY Child Data with any third parties except in the following very limited and controlled circumstances:
1.9.1 We use the services of trusted and ISO 27018 certified cloud service providers, located in the European Economic Area (‘EEA’) to host DESTY Island services. DESTY Children’s progress through DESTY Island will be hosted on these cloud services. We have contractual arrangements in place to keep all personal data and other information hosted on these services confidential and secure.
1.10 We do not transfer DESTY Child Data to third parties located outside of the EEA or UK. However, it may sometimes be necessary to disclose DESTY Child Data to an Organization (i.e. your child’s school or a health/social care organisation) or your child’s DESTY Mentor if they are located outside the EEA in order to fulfil the purposes described in this Privacy Notice. In this case, we will only transfer DESTY Child Data where: (i) the non-EEA country has been deemed to provide an adequate level of protection for personal data by the European Commission; or (ii) we enter into specific contracts approved by the European Commission which are intended to give personal data the same protection it has in Europe.
1.11 We keep DESTY Child Data for no longer than is allowed under applicable data protection law and, in any case, no longer than DESTY Child Data is necessary for the purpose for which it was processed:
1.11.1 Each ‘child pass’ (user license) for DESTY Island expires 12 months after activation. Three months after this, we delete all DESTY Child Data unless a renewal child pass is purchased for the DESTY Child;
1.11.2 We retain a copy of any personal data contained in the permission received by us (described in section 1.2 above) for 7 years. Whilst this permission contains a parent/legal guardian’s name, email address and their role it does not include any DESTY Child Data.
1.12 If a child visits our website (not DESTY Island) from their own device we receive Technical Data and Usage Data (as described in section 3.1 below) regarding their visit, as is the case for all visitors to our website. We have no way of knowing from this information that the visitor is a child or a DESTY Child, as this type of information is collected from all website visitors. This processing of Technical Data and Usage Data is done for our legitimate interest to protect the security of our website and to see the aggregated and non-identifiable visits and usage of the website.
1.13 Please review the remainder of this Privacy Notice to find further information on our processing of DESTY Child Data and to understand your legal rights. The remainder of this Privacy Notice also explains our processing of personal data relating to other users of our website and services.
2 Whose personal data do we receive?
2.1 The type of personal data received and used by us depends upon whether you use one or more of our paid services or if you just browse our website. The categories of persons from whom we receive personal data are as follows:
2.1.1 DESTY Child: Children who take part in DESTY Island under the direct supervision of a DESTY Mentor. Please see section 1 above.
2.1.2 DESTYMentor: Parents/guardians, carers, educators or health/social care professionals who:(i) register for and/or undergo the DESTY mentor online training and support programme; (ii) who complete the DESTY mentor online training and support programme; and/or (iii) who access and use DESTY Island in respect of DESTY Children.
2.1.3 Organisations: Persons employed by schools, educational, health or social care bodies who book and/or pay for the DESTY Mentor online training and support programme and/or child passes (user licenses) for DESTY Island.
2.1.4 Retail customers: Persons who seek to purchase goods displayed in our online store.
2.1.5 Website visitors: Persons who access pages of our website.
3. The personal data we collect about you
3.1 Depending on the type of user of our website and services (as described in section 2.1 above), we will process different kinds of personal data which we have grouped together as follows:
3.1.1 Contact Data includes name; job title; occupation; role (e.g. teacher, parent, health professional); education institution; postal address, email address and contact number.
3.1.2 Mentor Data means personal data related to (i) training and ongoing development of persons undergoing the DESTY Mentor online training and support programme, including mentor training courses booked and completed; assignment status; access to DESTY Mentor webinars; access to DESTY Mentor dashboard; provision of programme feedback; and class discussion board; and (ii) ongoing support services of trained DESTY Mentors including personal data related to their access and use of DESTY Island and access and use of the DESTY Mentor dashboard.
3.1.3 DESTY Child Data personal data related to a DESTY Child as he/she works through the DESTY Island programme led and supervised by his/her DESTY Mentor, including (i) his/her name (i.e. first and/or surname, nickname, or pseudonym) and age; and (ii) to the extent any of the following reveals any personal data concerning the DESTY Child, image uploads and text submissions used to answer DESTY Island questions and progress reports.
3.1.4 Transaction Data includes details about purchases of our products and services (e.g. DESTY Mentor online training and support programme and ‘child passes’ purchased for DESTY Island). We do not receive payment card details. However, we receive a transaction ID provided by our payment gateway provider.
3.1.5 Technical Data includes internet protocol (IP) address, DESTY Mentor 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 this website.
3.1.6 Usage Data includes information about how you use our website and services.
3.1.7 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
3.2 We also collect, use and share aggregated data such as statistical or demographic data for various purposes. Aggregated data may be derived from personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.
3.3 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you choose not to furnish this when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g. where we need your mailing address to send you a product you are looking to buy).
4. How we collect your personal data
4.1 Direct Interactions: You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or by other means. This includes the following circumstances:
DESTY Child: If you are using DESTY Island with your teacher, parent or other adult (who we call a ‘DESTY Mentor’) we will keep on DESTY Island for your teacher or parent information that identifies you to you and your teacher so you can follow your journey on DESTY Island. You, your teacher or parent can put on your DESTY page your name (which can be your first and last names, a nick name, or a pretend name), your age and the answers you give to questions and games on DESTY Island. We generally can’t work out who you are from this information unless we go to a lot of effort. If you visit our website we will receive some information about your phone, tablet or computer which could discover who you are. We call this ‘Technical Data’, and this may include your computer’s IP address. We also collect information on the website pages you visit, we call this ‘Usage Data’. We don’t use Technical Data or Usage Data to check on you. We only use this information with other website visitors’ Technical Data and Usage Data so we can see what parts of our website are interesting people so we can make the services on our website even better.
DESTY Mentor: We will collect (i) Contact Data when you use the ‘contact us’ or ‘register your interest’ facilities on our website; (ii) Contact Data, Transaction Data, Mentor Data, Technical Data and Usage Data when you register for, book and use any of our paid for services.
Organisation: We will collect (i) Contact Data when you use the ‘contact us’ or ‘register your interest’ facilities on our website; (ii) Contact Data, Transaction Data, Technical Data and Usage Data when you register for and book any of our paid for services.
Retail customers: We will collect (i) Contact Data when you use the ‘contact us’ or ‘register your interest’ facilities on our website; (ii) Contact Data, Transaction Data, Technical Data and Usage Data when you access and/or make any purchase through our online store.
4.2 Automated interactions: As you interact with our website, we automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
4.3 Third party sources: We may receive personal data about you from third parties as set out below:
4.3.1 Technical Data from the following parties:
(a) analytics providers such as Google based outside the EU;
5. How do we use your personal data?
We will only use your personal data when the law allows us to. We have set out below 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 identified what our legitimate interests are where appropriate. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your personal data. Please email training@educationdesty.com if you need details about the specific legal ground we are relying on to process your personal
5.2 Profiling. In order to provide you with the best service possible and direct targeted information and content specific to your needs we occasionally use some basic user profiling. For example, at the point of booking one of our training courses, a DESTY Mentor may be asked what his/her role is in relation to children, i.e. parent, educator or carer. This information is then used to direct you to the appropriate learning content for you. We also use minimal profiling for marketing campaigns, again based on role and also geographic location in order to direct you to the appropriate marketing content.
5.3 Marketing. We will use your Contact Data and Marketing and Communications Data to send you marketing communications if you have requested information from us. You can opt out of any marketing communications from us at any time by using the “Unsubscribe” function at the bottom of the marketing email we send you or by emailing support@educationdesty.com.
5.4 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 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.
6. Disclosures of your personal data
6.1 We do not share DESTY Child Data with any third parties except as described in section 1.9 above.
6.2 For all other users of our website and services (except DESTY Children) we may share your personal data with the parties set out below for the purposes set out in paragraph 4.1.
6.2.1 External third parties: Companies that provide products and services to us such as professional advisors, IT systems suppliers and support, helpdesk services, marketing platforms, survey tools, data storage, IT developers, payment processors, analytics companies, website hosting providers, courier /postage services and other service providers.
6.2.2 Public and Government Authorities: Entities that regulate or have jurisdiction over us such as regulatory authorities, law enforcement, public bodies and judicial bodies. If your training package is funded by an external organisation they may have access to reports relating to training progress and feedback, number of children you are working with, SDQ scores and the progress of the children you are working with on the programme. Please note no identifiable information about the child is shared with the funding organisation. If you would like more information on whether or not your information is shared with an organisation that has funded your training package please email training@educationdesty.com
6.2.3 Corporate activity: 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.
7. International transfers
7.1 The DESTY Island service and DESTY Child Data are hosted on servers located in the EEA. [We do not transfer DESTY Child Data to third parties located outside of the EEA]. However, it may sometimes be necessary to disclose DESTY Child Data to an Organization (i.e. your child’s school or a health/social care organisation) or your child’s DESTY Mentor if they are located outside the EEA in order to fulfil the purposes described in this Privacy Notice. In this case, we will only transfer DESTY Child Data where: (i) the non-EEA country has been deemed to provide an adequate level of protection for personal data by the European Commission; or (ii) we enter into specific contracts approved by the European Commission which are intended to give personal data the same protection it has in Europe.
7.2 For all other users of our website and services (except DESTY Children) your personal data may be transferred, stored and accessed within the European Economic Area (“EEA”) or transferred to, stored in, and accessed from countries outside the EEA in order to fulfil the purposes described in this Privacy Notice. For transfers to countries outside the EEA, the data protection regime may be different than in the country in which you are located and will therefore be based on a legally adequate transfer method. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is given to it by ensuring at least one of the following safeguards is implemented:
7.2.1 Where the country has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
7.2.2 We may use specific contracts approved by the European Commission which are intended to give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
8.1.3 Where service providers are based in the US, we may transfer data to them if they are part of the EU-U.S. Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
9. Data security
9.1 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 have also 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.
10. How long we keep your personal data
10.1 We keep your personal data for no longer than is allowed under applicable data protection law and, in any case, no longer than the personal data is necessary for the purpose for which it was processed. 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 personal data, the purposes for which we process personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. We also retain personal data if required by applicable law or regulation or is justified under applicable statutory limitation periods. Please see section 1.11 above for details on retention of DESTY Child Data.
11. Third Party Websites
11.1 This website 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 website, we encourage you to read the privacy policy of every website you visit.
12. Your legal rights
12.1 Under certain circumstances data subjects have rights under data protection law in relation to personal data, namely:
12.1.1 Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
12.1.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate personal data we hold about you corrected.
12.1.3 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 exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. 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.
12.1.4 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 personal data which override your rights and freedoms.
12.1.5 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 circumstances: (a) if you want us to establish the data's accuracy; (b) where our use of the personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal data even if we no longer require it as you need it to be retained to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
12.1.6 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 personal data to perform a contract with you.
12.1.7 Withdraw consent at any time if and to the extent we are relying on consent as the legal basis to process your personal data. This will not affect the lawfulness of any processing of your personal data carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will let you know if this is the case at the time you withdraw your consent.
12.2 Exercising your rights. To exercise one or more of your rights in respect of your personal data, please contact us using the Contact Us details below. We will respond to your request(s) as soon as reasonably practicable, but in any case within the legally required period of time.
12.3 Contacting the data protection supervisory authority. Data subjects have the right to make a complaint at any time to the data protection supervisory authority. The Irish supervisory authority for data protection issues is the Data Protection Commission (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Commission so please contact us in the first instance using the information listed in Contact Us below.
12.4 Updating your personal data. It is important that the personal data we hold about you is accurate and current. Please keep us informed, using your account settings (if you have a user account on our website) or by using the Contact Us details below, if any of your personal data changes during your relationship with us.
13. Changes to this Notice.
We will change this Privacy Notice from time to time and any changes will be posted to the website. This version of the Privacy Notice was last updated on December 18th 2018 [or can be obtained by contacting us using the Contact Us details below].
14. Contact Us.
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us at training@educationdesty.com
Last Updated: February 9th, 2022
