Privacy Policy

Team Tailwind Privacy Notice

Introduction

Welcome to the Team Tailwind Privacy Notice.

This Privacy Notice applies to the Team Tailwind

When we mention Team Tailwind or refer to, “we”, “us” or “our” in this Privacy Notice then we are referring to the Team Tailwind company that is responsible for protecting your personal data.

Team Tailwind respects your privacy and is committed to protecting your personal data.

1. IMPORTANT INFORMATION AND WHO WE ARE

2. THE DATA WE COLLECT ABOUT YOU

3. HOW IS YOUR PERSONAL DATA COLLECTED

4. OUR LEGAL BASIS FOR USING YOUR PERSONAL DATA

5. HOW WE USE YOUR PERSONAL DATA

6. DISCLOSURES OF YOUR PERSONAL DATA

7. INTERNATIONAL TRANSFERS

8. DATA SECURITY

9. DATA RETENTION

10. YOUR LEGAL RIGHTS

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you clear and detailed information about:

how we collect and process your personal data
the legal grounds allowing us to do so
how we look after your personal data
your privacy rights
how the law protects you.

Controller

Under data protection law the controller of your personal data decides how and why your personal data will be processed and takes responsibility for looking after your personal data. The controller of your personal data will be Team Tailwind.

Data Protection Compliance Officer

We have appointed a data protection compliance manager (DPCO) 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, please contact the DPCO using the details set out below.

Contact details

Full name of legal entity: Team Tailwind

Business Identification Number: 310554555

Title: Data Protection Compliance Officer

Email address: [email protected]

Postal address: Team Tailwind Data Compliance Officer, 20 Camden St Suite 200, Toronto, ON M5V 1V1

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.

When we issue a new version of this privacy notice we will post a message on our websites advising of this.

Third-party links

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 notice of every website you visit.

2. The data we collect about you

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

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

Identity Data: includes first name, last name, username
Special Category Data: includes details about your race or ethnicity, religious beliefs, information about your health.
Contact Data: includes your email address and in some cases telephone numbers
Transaction Data: includes details about payments to and from you and other details of services you have purchased from us.
Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data: includes information about how you use our websites and services.
Marketing and Communications Data: includes your preferences in receiving marketing from us and potentially our third parties and your communication preferences.
Aggregated Data: includes statistical or demographic data which we may collect, use and share for any purpose. Where Aggregated Data can directly or indirectly identify you we will use it in accordance with this Privacy Notice.

If you do not provide us with 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. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity Data, Special Category Data, Contact Data and Transactional Data by filling in application forms, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you

create an account on our website;
request marketing information is sent to you
complete a survey; or
give us some feedback.

Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources such as those set out below:

Named Referees – Identity Data and Contact Data
Recruitment agencies – Identity Data and Contact Data
College/Universities - Identity Data and Contact Data
Providers of technical, payment and delivery services - Contact, Financial and Transaction Data.
Technical Data from the following parties:

(a) analytics providers;

(b) advertising networks; and

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical 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 separate Cookies Policy for further details.

4. Our legal basis for using your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where it is necessary for us to perform a contract entered into with you or is necessary for us to take steps (at your request) prior to us entering into a contract (CONTRACT).
Where we have a legitimate organisational interest and use your personal data in a way that you would reasonably expect, and which has a minimal impact on your privacy (LEGITIMATE INTERESTS).
Where we need to comply with a legal or regulatory obligation (LEGAL OBLIGATION).
Where you have given us your consent to process your personal data (CONSENT).
Where there is an emergency situation, for example, if you needed emergency medical treatment (VITAL INTERESTS).

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to the processing of sending third party direct marketing communications to you via email or text message.

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.

You have the right to withdraw your consent at any time by contacting us.

5. How we use your personal data

Prospective Customers

PROSPECTIVE CUSTOMERS
Purpose/Activity	Type of Data	Lawful basis for processing
To register you on our website and subscribe to our services	Identity Contact Marketing and Communications Data	Contract Consent
To process your order from one of our services and correspond with you including: (i) arranging delivery of the course (ii) ongoing issues or complaints	Identity Contact Financial	Contract
Provision of personal data to third parties
To a third party online conversion service where a customer has started the application process but does not complete it.	Identity Contact	Legitimate interests (the company has a business interest in securing applications for its courses)

Engaged Customers

ENGAGED CUSTOMERS
Purpose/Activity	Type of Data	Lawful basis for processing
To register you for our services as an engaged customer	Identity Contact Financial Transaction	Contract
To provide you with ongoing services after engagement including: (i) onboarding process for your order (ii) administration including maintaining customer records, processing fees, managing the order (iii) providing services including, IT and information services and other customer support services	Identity Contact Financial	Contract
To provide you with ongoing services after engagement	Identity	Contract
To provide you with updates on your order	Identity Contact	Contract
To provide you with information on ongoing products relating to your purchase	Identity Contact	Legitimate interests (It is in the interests of the customer for the company to provide this information and has a business benefit with regard to promotion and marketing of its products)
To process customer complaints and grievances	Identity Contact	Legitimate interests (It is in the interest of both parties for us to investigate and attempt to resolve complaints and grievances)
To carry out internal research and statistical analysis	Identity	Legitimate interests (to monitor and evaluate the performance and effectiveness of our products)
Provision of personal data to third parties
Internal
To enable our company to provide (i) completing customer orders (ii) delivering customer orders (iii) process customer issues or complaints	Identity Contact Financial Transaction	Legitimate interests (The transfer is necessary to enable us to provide our services. All our subsidiaries are subject to this privacy policy and other relevant policies and procedures.)
External
To provide ongoing customer support services	Identity Contact	Legitimate interests (It is appropriate for us to share this information with these interested parties for us to manage the customer orders, complaints and resolutions)
To insurance companies worldwide who provide Team Tailwind with insurance policies	Identity Contact	Legitimate interests (The company cannot provide insurance policies itself and therefore needs to recommend a third party provider)
To medical authorities (and any other organisations/individuals deemed necessary as assessed at the time) in the event of an emergency where you are incapable of giving consent	Identity Contact Special Category	Vital Interests Vital Interests
To medical authorities (and any other organisations/individuals deemed necessary as assessed at the time) in the event of an emergency and where we are legally obliged to comply with a request for disclosure	Identity Contact Special Category	Legal obligation Legal Obligation & Public Interest (in the area of public health)
To providers of external activities for students	Identity Contact Special Category	Legitimate interests (The company offers various activities as part of its courses and cannot provide these activities itself) Consent
To providers of incentive schemes for customers	Identity Contact	Legitimate interests (The company offers incentive schemes as part of its promotional offers and cannot provide these schemes itself)
For reporting of financial processing activities	Identity Contact Financial Transaction	Legal obligation
To service providers worldwide who provide IT and system administration services	Identity Contact	Legitimate interests (We have a business requirement to use third party providers for specialist services)
Professional advisors subject to a duty of confidentiality (e.g. lawyers, bankers, data protection services, insurers, auditors)	Identity Contact Financial Transaction Special Category	Legitimate interest (We have a business requirement to seek specialist professional advice that cannot be provided internally) Consent
To the Police/Local Authority regarding connection with the prevention or reporting of a crime.	Identity Contact Special Category	Legal obligation or Vital interests (depending on the circumstances) Legal obligation or Vital interests (depending on the circumstances)

All visitors to website

ALL VISITORS TO WEBSITE
Purpose/Activity	Type of Data	Lawful basis for processing
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Identity Contact Profile Usage Technical Marketing and Communications	Legitimate interests (to study how our services are used, to develop them, to grow our business and to inform our marketing strategy) Consent
To use data analytics to improve our website, services, marketing, customer relationships and experiences	Technical Usage	Legitimate interests (to define types of customers for our services, to keep our website 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	Identity Contact Technical Usage Profile	Legitimate interests (to develop our services and grow our business)
Provision of personal data to third parties
External
To service providers worldwide acting as processors who provide IT and system administration services	Identity Contact Technical Usage Profile	Legitimate interests (We have a business requirement to use specialist IT and system administration providers that cannot be provided internally)
To third parties to whom we may choose to sell, transfer or merge parts of our business as our assets.	Identity Contact	Legitimate interests (We may wish to do this as part of our business strategy)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Team Tailwind for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

When you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of purchasing a service or other transaction.

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 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

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above.

Internal Third Parties

Team Tailwind acting as joint controllers or processors and who are based in the CAN provide (i) process customer orders, (ii) issue or complaint resolution.

External Third Parties

Courier companies
Insurance provider
Medical or Public Health authorities (and where an emergency situation to any other organisations/individuals deemed necessary as assessed at the time)
Local authorities
Local councils
Service providers worldwide acting as processors
Cloud-hosted providers
Professional advisers worldwide acting as processors or joint controllers.
Local authorities
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 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.

7. International transfers

We share your personal data within Team Tailwind. This may involve in some cases transferring your data outside CAN.

Some of our external third parties are based outside CAN so their processing of your personal data will involve a transfer of data outside the CAN.

Whenever we transfer your personal data out CAN, 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 PIPEDA.
Where we use certain service providers, we may use specific contracts which include standard contractual clauses.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US, or we may use specific contracts which give personal data the same protection it has in CAN, with 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 CAN.

8. Data security

The personal data that we collect from you will be stored:

Our course and site is hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allows us to license our product/services to an institution.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Data retention

How long will you use my personal data for?

Details of retention periods for different aspects of your personal data are set out in the table below

Type of data	Retention timescale
Customer Records - Students
Online Order Forms	Completion of purchase + 3 years
Email Order Forms	Completion of purchase + 3 years
Copies of invoices	7 Years after date of Withdrawal
Basic customer record comprising of customer name, address, email, telephone number and transcript data	Permanently
Survey Responses	3 years

In some circumstances you can ask us to delete your data: see Request erasure in Section 10 Your legal rights for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Request access to your personal data - (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of your personal data - This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data – (commonly known as the “right to be forgotten”). This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data - where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your personal data – (also known as the “right to data portability”) We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to withdraw consent - However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our Data Protection Compliance Officer, in writing with full details of your request. You can send an email to [email protected] or you can write to us at:

Postal address: Team Tailwind Data Compliance Officer, 20 Camden St Suite 200, Toronto, ON M5V 1V1

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.

Complaints

The Office of the Privacy Commissioner of Canada (OPC) can help individuals and organizations identify, address and report concerns related to possible mishandling of personal information. There are numerous ways to connect with the OPC if you need to:

find the information you need on a variety of privacy issues;
talk to us about a potential privacy concern; or
report a concern

Click Here to go straight to the OPC website

Last updated 05/07/2021