Consent Form

By completing this Standard Transfer Form, you:

acknowledge being informed that your personal data is being collected and processed for the specific purposes set out in, and in accordance with, the GDPR Collection Notice provided to you as part of, or in connection with, completing this Standard Transfer Form; and

you consent to your personal data being transferred to and processed by Nick Harkness Pty Ltd and Thinkific Labs Inc. from time to time as necessary for the provision of services to you or your employer by Nick Harkness Pty Ltd.

You acknowledge that there are risks involved in providing your consent to this overseas transfer, as no adequacy decision has been made pursuant to Article 45(3) of the GDPR and there are no appropriate safeguards in place pursuant to Article 46 of the GDPR and accordingly you may not be able to enforce your data subject rights or rely on effective legal remedies where such rights are not made available to you. You can withdraw your consent to this processing at any time by giving notice to us at [email protected]. We will give effect to your withdrawal of consent promptly and will cease any processing that you no longer consent to, unless we have another lawful basis for that processing (such as for the performance of a contract, including this agreement, with you). The withdrawal of your consent will not affect the lawfulness of any processing that occurred prior to the date that you notified us that you were withdrawing your consent. However we note that Nick Harkness Pty Ltd and Thinkific Labs Inc. need to process your personal data in connection with their provision of services to you and/or your employer, and accordingly if you withdraw your consent, the provision of those services may not be able to proceed.

 

GDPR Collection Notice in respect of online training seminar Colour Made Simple 

Your personal data is being collected and processed by Nick Harkness Pty Ltd (we, us or our).

We can be contacted by post at PO Box 764 Newtown NSW 2042 Australia or by email at [email protected].

Manner and details of collection and source of personal data

In addition to the personal data we collect from you directly, your personal data was also collected by us from your employer in connection with our provision of services to that firm and so that we may communicate with you in relation to the services that we provide. The personal data that we have collected about you consists of your name, your employer and job title and your contact details (including your telephone number and email address).

Processing activities and lawful basis

We process the personal data that we collect from you for the purposes and on the applicable lawful bases set out in the table below.

Purpose of processing

Lawful basis

To provide our services to you (or to the business that employs or engages you as a contractor, if applicable)

For our legitimate interests in being able to provide our services as requested.

To enable you to access and use our website;

Your consent (if given to us)

Performance of a contract with you

To operate, protect, improve and optimise our website and services business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

For our legitimate interests in operating our business efficiently and effectively

To send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

Your consent (if given to us)

Performance of a contract with you

To send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

Your consent (if given to us)

To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

Compliance with our legal obligations

For our legitimate interests in enforcing our contractual and legal rights

We collect personal data about you in order to provide our services to you (or to the business that employs or engages you as a contractor, if applicable) and so that we may contact you to obtain your instructions in relation to our services. If you do not provide this personal data to us, we may not be able to provide our services or perform our services to the same standard.

Third party recipients

As part of processing your personal data, we may disclose personal data for the purposes described in this collection notice to:

our employees and to our related bodies corporate in Australia and the United Kingdom;

third party suppliers and service providers (including third party providers who assist us to operate our business, such as hosting providers);

our professional advisers, business partners and accountants;

payment systems operators (e.g. merchants receiving card payments);

specific third parties authorised by you to receive information held by us; and/or

other persons, including government agencies, regulatory bodies, and law enforcement agencies, or as required, authorised or permitted by law (including the listing rules of a stock exchange).

Overseas recipients

We may hold and disclose your personal data outside of the European Union. In particular, our Australian company may:

receive personal data that was originally collected by or disclosed to our UK business partners (academics based at the University of Leeds); and

disclose personal data to our Canadian web hosting service provider (Thinkific).

The transfer of personal data in such circumstances will be undertaken with your consent (as provided in the Consent Form).

Storage of personal data

We will store your personal data for so long as we continue to provide our services to you (or to the business that employs or engages you as a contractor, if applicable). After this time, we will continue to store your personal data to the extent required by any law applicable to our business or for compliance and risk management purposes. We will delete or de-identify your personal data when it is no longer necessary or required to be kept.

Your rights

Where we process any personal data about you on the basis of any consent given by you, you have the right to withdraw your consent at any time by giving notice to us (which you can do using our contact details set out above). We will give effect to your withdrawal of consent promptly and will cease any processing that you no longer consent to, unless we have another lawful basis for that processing. The withdrawal of your consent will not affect the lawfulness of any processing that occurred prior to the date that you notified us that you were withdrawing your consent.

You have the right to request access to a copy of the personal data that we hold about you and to request that we correct or rectify any inaccurate personal data that we hold about you. You also have a right to data portability, which is the right in certain circumstances to request a copy of your personal data in a structured, commonly used and machine-readable format and to transmit this data to another data controller. You may also request that we erase any personal data that we hold about you which is no longer necessary for any of the purposes that we collected it for, which you have withdrawn your consent in respect of or processing which you are allowed under the General Data Protection Regulation to object to. We will comply with such requests unless we are permitted or required by law to retain that information. You also have the right to object to our processing of personal data in certain circumstances, including where we process personal data based on our legitimate interests. You can also request that we restrict our processing activities in some circumstances. If you make such a request in those circumstances, then we will continue to store your personal data but will not otherwise process your personal data without your consent or as otherwise permitted by law.

You have a right to lodge a complaint in respect of our processing of your personal data with the data protection supervisory authority in the member state of the European Union that you ordinarily reside or work in.