privacy policy
(the boring stuff)
This privacy policy applies between you, the User of this Website, and Sophia Tupy trading as Kinaesthetic, the owner and provider of this Website. Sophia Tupy trading as Kinaesthetic takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
Please read this privacy policy carefully.
Definitions and interpretation
1.In this privacy policy, the following definitions are used:
Data: collectively all information that you submit to Sophia Tupy trading as Kinaesthetic via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies: a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws: any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;
GDPR: the UK General Data Protection Regulation;
Sophia Tupy trading as Kinaesthetic, we or us: Sophia Tupy trading as Kinaesthetic of 60 The Grange, 1 Lynmouth Road, London, E17 8AE;
UK and EU Cookie Law: the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;
User or you: any third party that accesses the Website and is not either (i) employed by Sophia Tupy trading as Kinaesthetic and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Sophia Tupy trading as Kinaesthetic and accessing the Website in connection with the provision of such services; and
Website: the website that you are currently using, kinaesthetic.studio, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.In this privacy policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
3.This privacy policy applies only to the actions of Sophia Tupy trading as Kinaesthetic and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
4.For purposes of the applicable Data Protection Laws, Sophia Tupy trading as Kinaesthetic is the "data controller". This means that Sophia Tupy trading as Kinaesthetic determines the purposes for which, and the manner in which, your Data is processed.
Data collected
5.We may collect the following Data, which includes personal Data, from you:
a. name;
b. contact Information such as email addresses and telephone numbers;
c. financial information such as credit / debit card numbers;
in each case, in accordance with this privacy policy.
How we collect Data
6.We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7.Sophia Tupy trading as Kinaesthetic will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
d. when you enter a competition or promotion through a social media channel;
e. when you make payments to us, through this Website or otherwise;
f. when you elect to receive marketing communications from us;
in each case, in accordance with this privacy policy.
Data that is collected automatically
8.To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser.
For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
Our use of Data
9.Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
d. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website; in each case, in accordance with this privacy policy.
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
c. if you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
13. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors - to carry out our agreed contract with you or to recover debts due to us;
b. third party service providers who provide services to us which require the processing of personal data - to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the website runs smoothly;
c. third party payment providers who process payments made over the Website - to enable third party payment providers to process user payments and refunds;
d. relevant authorities - to remain in compliance with our safeguarding policy, should it be necessary;
in each case, in accordance with this privacy policy.
Keeping Data secure
14. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
c. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: sophia@kinaesthetic.studio.
16. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
17. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the
period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
19. You have the following rights in relation to your Data:
a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase - the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
e. Right to data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: sophia@kinaesthetic.studio.
21. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
22. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
23. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
24. Sophia Tupy trading as Kinaesthetic may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Sophia Tupy trading as Kinaesthetic. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
25. We may also disclose Data to a prospective purchaser of our business or any part of it.
26. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
27. This Website may place and access certain Cookies on your computer. Sophia Tupy trading as Kinaesthetic uses Cookies to improve your experience of using the Website and to improve our range of products and services. Sophia Tupy trading as Kinaesthetic has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
28. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Sophia Tupy trading as Kinaesthetic to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
30. This Website may place the following Cookies:
Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookie.
31. You can find a list of Cookies that we use in the Cookies Schedule.
32. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please see the help menu in your internet browser. You can switch off Cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.
33. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
34. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
35. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
36. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
37. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
39. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to this privacy policy
40. Sophia Tupy trading as Kinaesthetic reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Sophia Tupy trading as Kinaesthetic by email at sophia@kinaesthetic.studio.
Attribution
41. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
This privacy policy was created on 09 September 2022.
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Cookies
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Strictly necessary
We use the following strictly necessary cookies:
Description: Required Cookies
Purpose: We use these cookies to ensure the website and its functions operate
smoothly, and to maintain your session while using the website.
Functionality
We use the following functionality cookies:
Description: Functionality Cookies
Purpose: We use these cookies to log any customer accounts, shopping carts and checkout, and URL redirects.
Analytical/performance
We use the following analytical/performance cookies:
Description: Analytics and Performance Cookies
Purpose: We use these cookies to document how visitors interact with our site, in order to better understand our audience and improve our site and services. This includes logging data such as traffic sources, unique visitors, and cart abandonment.
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safeguarding policy
My services sometimes involve work with at-risk groups, including young people and vulnerable adults. I take safeguarding very seriously, and while I operate currently as a sole trader, I outline my responsibilities and policy regarding safeguarding below, in order to ensure transparency around this aspect of my practice:
Purpose
The purpose of this policy is to protect people, particularly children, at risk adults and beneficiaries of assistance, from any harm that may be caused due to their coming into contact with Kinaesthetic. This includes harm arising from:
The conduct of staff or personnel associated with Kinaesthetic
The design and implementation of Kinaesthetic’s programmes and activities
The policy lays out the commitments made by Kinaesthetic, and informs staff and associated personnel of their responsibilities in relation to safeguarding. (See ‘Scope’ for definition of associated personnel.)
This policy does not cover: Safeguarding concerns in the wider community not perpetrated by Kinaesthetic or associated personnel
What is safeguarding?
In the UK, safeguarding means protecting peoples' health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect (Source: NHS ‘What is Safeguarding? Easy Read’ 2011)
In our sector, we understand it to mean protecting people, including children and at risk adults, from harm that arises from coming into contact with our staff or programmes.
Further definitions relating to safeguarding are provided in the glossary below.
Scope
All staff contracted by Kinaesthetic
Associated personnel whilst engaged with work or visits related to Kinaesthetic, including but not limited to the following: consultants; volunteers; contractors; programme visitors including journalists, celebrities and politicians
Policy Statement
Kinaesthetic believes that everyone we come into contact with, regardless of age, gender identity, disability, sexual orientation or ethnic origin has the right to be protected from all forms of harm, abuse, neglect and exploitation. Kinaesthetic will not tolerate abuse and exploitation by staff or associated personnel.
This policy will address the following areas of safeguarding [as appropriate]: child safeguarding, adult safeguarding, and protection from sexual exploitation and abuse.
Kinaesthetic commits to addressing safeguarding throughout its work, through the three pillars of prevention, reporting and response.
Prevention
Kinaesthetic responsibilities
Kinaesthetic will:
Ensure all staff have access to, are familiar with, and know their responsibilities within this policy
Design and undertake all its programmes and activities in a way that protects people from any risk of harm that may arise from their coming into contact with Kinaesthetic. This includes the way in which information about individuals in our programmes is gathered and communicated
Implement stringent safeguarding procedures when recruiting, managing and deploying staff and associated personnel
Ensure staff receive training on safeguarding at a level commensurate with their role in the organisation
Follow up on reports of safeguarding concerns promptly and according to due process
Staff responsibilities
Child safeguarding
Kinaesthetic staff and associated personnel must not:
Engage in sexual activity with anyone under the age of 18
Sexually abuse or exploit children
Subject a child to physical, emotional or psychological abuse, or neglect
Engage in any commercially exploitative activities with children including child labour or trafficking
Adult safeguarding
Kinaesthetic staff and associated personnel must not:
Sexually abuse or exploit at risk adults
Subject an at risk adult to physical, emotional or psychological abuse, or neglect
Protection from sexual exploitation and abuse
Kinaesthetic staff and associated personnel must not:
Exchange money, employment, goods or services for sexual activity. This includes any exchange of assistance that is due to beneficiaries of assistance
Engage in any sexual relationships with beneficiaries of assistance, since they are based on inherently unequal power dynamics
Additionally, Kinaesthetic staff and associated personnel are obliged to:
Contribute to creating and maintaining an environment that prevents safeguarding violations and promotes the implementation of the Safeguarding Policy
Report any concerns or suspicions regarding safeguarding violations by a Kinaesthetic staff member or associated personnel to the appropriate staff member
Enabling reports
Kinaesthetic will ensure that safe, appropriate, accessible means of reporting safeguarding concerns are made available to staff and the communities we work with.
Kinaesthetic will also accept complaints from external sources such as members of the public, partners and official bodies.
How to report a safeguarding concern
Staff members or independent contractors who have a complaint or concern relating to safeguarding should report it immediately to Sophia Tupy, trading as Kinaesthetic at the following email:
sophia@kinaesthetic.studio
Response
Kinaesthetic will follow up safeguarding reports and concerns in keeping with safeguarding best practice, as well as with legal and statutory obligations.
Kinaesthetic will apply appropriate disciplinary measures to staff found in breach of policy.
Kinaesthetic will offer support to survivors of harm caused by staff or associated personnel, regardless of whether a formal internal response is carried out (such as an internal investigation). Decisions regarding support will be led by the survivor.
Confidentiality
It is essential that confidentiality is maintained at all stages of the process when dealing with safeguarding concerns. Information relating to the concern and subsequent case management should be shared on a need to know basis only, and should be kept secure at all times.
Glossary of Terms
Beneficiary of Assistance: Someone who directly receives goods or services from Kinaesthetic’s programme. Note that misuse of power can also apply to the wider community that Kinaesthetic serves, and also can include exploitation by giving the perception of being in a position of power.
Child: A person below the age of 18
Harm: Psychological, physical and any other infringement of an individual’s rights
Psychological harm: Emotional or psychological abuse, including (but not limited to) humiliating and degrading treatment such as bad name calling, constant criticism, belittling, persistent shaming, solitary confinement and isolation
Protection from Sexual Exploitation and Abuse (PSEA): The term used by the humanitarian and development community to refer to the prevention of sexual exploitation and abuse of affected populations by staff or associated personnel. The term derives from the United Nations Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13)
Safeguarding: In the UK, safeguarding means protecting peoples' health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect
In our sector, we understand it to mean protecting people, including children and at risk adults, from harm that arises from coming into contact with our staff or programmes. One donor definition is as follows:
Safeguarding means taking all reasonable steps to prevent harm, particularly sexual exploitation, abuse and harassment from occurring; to protect people, especially vulnerable adults and children, from that harm; and to respond appropriately when harm does occur.
This definition draws from our values and principles and shapes our culture. It pays specific attention to preventing and responding to harm from any potential, actual or attempted abuse of power, trust, or vulnerability, especially for sexual purposes.
Safeguarding applies consistently and without exception across our programmes, partners and staff. It requires proactively identifying, preventing and guarding against all risks of harm, exploitation and abuse and having mature, accountable and transparent systems for response, reporting and learning when risks materialise. Those systems must be survivor-centred and also protect those accused until proven guilty.
Safeguarding puts beneficiaries and affected persons at the centre of all we do.
Sexual abuse: The term ‘sexual abuse’ means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
Sexual exploitation: The term ‘sexual exploitation’ means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. This definition incudes human trafficking and modern slavery.
Survivor: The person who has been abused or exploited. The term ‘survivor’ is often used in preference to ‘victim’ as it implies strength, resilience and the capacity to survive, however it is the individual’s choice how they wish to identify themselves.
At risk adult: Sometimes also referred to as vulnerable adult. A person who is or may be in need of care by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.