Privacy Policy
Introduction
We want you to feel safe with us therefore we strictly comply with the legal provisions for the processing of your data and would like to provide you with details concerning the data we collect and use on this page. This Privacy Policy provides you with details of how we collect and process your personal data through your use of this Website www.martalutomska.com (the “Website“), including any content, functionality and services offered on or through this Website. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. It has been last updated on December 5th 2023. If we make changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
By providing us with your data, you warrant to us that you are over 18 years of age.
Visitors and any users of the Website are referred to as “user”, “you” and “your” and the Company is referred to as “we,” “us,” and “our.” The Company processes personal data as a Controller as defined by the European Union’s General Data Protection Regulation (GDPR). Accessing this Website constitutes a use of the website and an acceptance of our Privacy Policy. Please read the Privacy Policy carefully before you start to use the Website.
1. Data controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Marta Lutomska
Email: marta@holistically-connected.com
Website: www.martalutomska.com
Should you object to the collection, processing and use of your personal data in part or full, you can send your objection by the above email.
2. Processed data
We must collect certain information to operate, provide, improve, understand, customise, support, and market our services. The types of information we receive and collect depend on how you use our services.
3.1. Contact using our Contact Form, Email or WhatsApp
Processed data:
First and last name
Email address
Messages that are sent to us
Phone Number (if you contact us by WhatsApp)
Instagram Account Name (if you contact us on Instagram)
The processing of personal data serves to facilitate contact, prevent misuse of the contact form and ensure the safety of our information technology systems. The legal basis for the processing of the data is your consent, (Art. 6 (1)(a) GDPR). Insofar as data processing is necessary for executing a contract, Art. 6 (1)(b) GDPR shall serve as the permissive standard for data processing.
Your messages and our replies are stored for a period of three years for the purpose of proving the provision of proper information.
You acknowledge that the respective provider might receive personal data (including communication metadata) that might be processed at servers located in countries outside of the EU (e.g. USA) that do not guarantee the same level of data protection as that practised in the EU. Additional information is described in the privacy policies of the respective messengers. The sender has no detailed knowledge about or influence on the respective providers.
3.2. Scheduling an appointment
If you use our appointment scheduling software, we process this data for the purposes of communicating with you and arranging appointments. Processed data:
Name
Email address
Other information that you shared with us
Our booking system is hosted on the Calendly.com platform. Your data may be stored through Calendy.com’s data storage, databases and their general applications. They store your data on secure servers behind a firewall. The legal basis for this processing is your consent, (Art. 6 (1)(a) GDPR).
3.3. Purchasing services and performing the contract
We may process your data, such as name, email address, address, telephone and other relevant data as related to purchases of our services. We process this data to supply services to you, as well as to market other relevant goods and services to you. The legal basis for processing is the performance of a contract between us, Art. 6 (1)(b) GDPR. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver services to you). If you don’t provide us with the requested data, we may have to cancel a service you have ordered but if we do, we will notify you at the time.
If you take part in an initial session or a subsequent coaching session with us, then you will be required to acknowledge that we will take notes relating to our conversation during the session. These notes may contain information that you share with us during a session.
The notes will be processed and retained by us by on the grounds of legitimate interests, which in this case are to provide a high level of coaching services.
Handwritten notes will be subsequently digitised, and the paper copies shredded.
Session notes may also be emailed to you for your record. This means that some data will be processed by our email provider and hosting company.
From time to time you may be asked to provide feedback or a testimonial. Your responses will be processed on the grounds of legitimate interests, which in this case are to provide a high level of coaching services. Testimonials may be published on our Website only with your consent.
On occasion, we may request your permission to record a session. This will be for our own review of the session, or to be played to supervisors for assessment/accreditation purposes. This data will be processed on the grounds of legitimate interests, which in this case is to obtain accreditation or to develop our coaching skills. The recorded sessions will be deleted once they are no longer required.
3.4. Marketing Data and Newsletter
If you sign up for the Newlsetter, a confirmation e-mail will be sent to the e-mail address registered in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter. During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The technical service provider Mailchimp, Intuit Inc. is our processor for sending newsletters. The legal basis for sending the newsletter is your consent in accordance with Art. 6 (1)(a) GDPR.
By registering, you also consent to your data being processed in the USA in accordance with Article 49 Paragraph 1 Sentence 1 Letter a GDPR. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, there is a risk that your data may be processed by US authorities for control and monitoring purposes, possibly even without any legal remedy.
When you subscribe to the newsletter, your behaviour in our newsletter is recorded (tracking the opening of emails and clicks on links). As soon as you open, and/or click on a newsletter, pseudonymised data will be saved. In this case, we are using the data for the optimization of our website contents and offers. By subscribing to our newsletter, you agree to this procedure.
You can unsubscribe from our newsletter at any time; the link to do so is at the end of every newsletter. As soon as you have unsubscribed from the newsletter, you will no longer receive any offers from us. Your personal data will not be reused and are blocked immediately. Your data will be saved for another 3 years before it will be deleted. Legal basis for saving the data is our entitled interest of proving that the delivery of emails happened with your consent in order to ward off potential claims.
4. Automatically Collected Information / Cookies
A cookie is a small text file that is stored on your computer or mobile device when you visit a website with your browser. We use cookies to operate and provide our services, for example, to provide our web-based services, improve your user experience, analyse how our services are used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the websites visited just before and just after our own, as well as your IP address. Cookies required for technical reasons are automatically collected. You cannot deactivate these; they do not process any personal data. Data processing according to Art. 6 para. 1 (f) GDPR is justified by our interest in providing smooth operation of the Internet offering.
5. Third-party use of cookies
Some content or applications on the Website are served by third parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. We do not control these third-party tracking technologies or how they may be used. You acknowledge that the respective provider might receive personal data (including communication metadata) that might be processed at servers located in countries outside of the EU (e.g. USA) that do not guarantee the same level of data protection as that practised in the EU. Additional information is described in the above privacy policies of the respective messengers. The sender has no detailed knowledge about or influence on the respective providers. If you have any questions, you should contact the responsible provider directly.
6. Legal Basis for the processing
Art. 6 para. 1 (a) GDPR serves as the legal basis for the processing operations of our company for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfilment of a contract to which the data subject is a party (as is the case, for example, with processing operations which are necessary for the provision of another service or consideration), the processing is based on Art. 6 para. 1 (b) GDPR.
The same applies to processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary the processing is based on Art. 6 para. 1 (c) GDPR.
We collect, use, retain and share your information when it is necessary from our point of view:
to comply with any applicable law or regulation, legal process or government request
to enforce our terms and conditions and applicable policies
to detect, investigate, prevent and combat fraud and other illegal activities, security issues or technical problems.
7. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements.
We do not use automatic decision-making or profiling.
8. Data security
We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. Some of the information you may enter on our Website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL.
9. Your rights
In accordance with the GDPR and other applicable laws, you have the right to access, rectify, transfer or delete your information and the right to restrict or object to certain processing of your data. This also includes the right to object to our processing of your data for direct marketing purposes.
Revocation and Opposition Rights
"Regardless of the explanations above, you may object to the use of your information at any time and revoke any consent to the use of your information at any time.” Here, the right of objection under Art. 21 para. 1 and 2 GDPR applies to the processing of your data in connection with the direct advertisement if this is performed based on a balance of interests.
If you revoke your consent to data processing or object to the use of the data, this does not affect the lawfulness of the data processing until the time of the revocation.
Legal basis: Right of withdrawal (Art. 7 para. 3 GDPR ‘Conditions for consent’), Right to object (Art. 21 GDPR ‘Right of opposition)
Right to Rectification, Deletion, Blocking and Restriction
Furthermore, you have the right to rectify, block or delete the data which are collected and stored by us at any time. We expressly point out that there may be legal obligations or practical considerations to further store data. In this case, the data can only be blocked.
Legal basis: Right to data rectification (Art. 16 GDPR ‘Right to rectification’), Right to erasure (Art. 17 GDPR ‘Right to be forgotten’), Right to restriction (Art. 18 GDPR ‘Right to restriction of processing)
Right to Data Transferability and Complaining to a Supervisory Authority
If you suspect that the processing of your data violates data protection law or that your data protection claims have otherwise been violated in any way, you can complain with the responsible supervisory authority.
Legal basis: Right to data transferability (Art. 20 GDPR ‘Right to Data Transferability’) Right to appeal to a supervisory authority (Art. 77 GDPR ‘Right to Data Portability’)
Right to Information
You have the right to know which data we store about you (right to information).
Please note that we may require proof from you in the event of a request for information that has not been made in writing, proving your identity.
Legal basis: Right to information (Art. 15 GDPR ‘Right of access of the data subject’)
If you have any questions or want to object to the collection, processing and use of your personal data in part or full, you can send your objection by email to: marta@holistically-conntected.com.
Terms & Conditions
By using Our Website and our Services, you agree to the following terms and conditions. You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
1. Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or any linked site. The information contained on this Website should not take the place of professional advice.
2. Indemnification for loss or damage
You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
3. Intellectual property
We hold the copyright to the content of this Website, including all shared files, layout design, graphics, codes, pictures, articles, and reviews contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: marta@holistically-connected.com
Use of the trademarks and logos contained on this Website is strictly prohibited except with our express, written consent.
4. Links to external services
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link that suggests any association, approval or endorsement on our part with respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our Website at any time by notice to you.
5. Limitation of liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or concerning our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
6. Data protection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information see the Privacy Policy above.
All personal information you give us will be dealt with confidentially in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
7. Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Germany.
Impressum
Angaben gemäß § 5 TMG
Marta Lutomska
Kadiner Str 17, 10243 Berlin
Mobile: +49 152 290 29582
marta@holistically-connected.com
EU-Streitschlichtung
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit:
https://ec.europa.eu/consumers/odr/.