Policies
Privacy Policy
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What’s in this policy?
This privacy policy sets out how Ingenium Training and Consulting limited (“Ingenium”) processes your personal information when you engage with us.
This policy covers a wide range of data subjects including service users, clients and external third party consultants and suppliers. It also applies to prospective service users, clients and external third party consultants and suppliers (“Users” or you/your).
We are required by data protection law i.e. the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Acts 1988-2018 to advise you of the information set out in this privacy policy.
This policy should be read along with our cookie policy which can be found here, our data protection policy which can be found here and our website terms and conditions, which can be found here.
This policy applies regardless of how your personal information is collected by Ingenium for e.g. via our website (http://ingeniumtc.com/), by telephone, by CCTV (if and when you attend at our premises at No. 68 O’Connell Street, Limerick, Ireland (“the Premises”)), or otherwise.
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Who we are and how to contact us
- Ingenium is a company registered in Ireland and for the purpose of data protection law, is a controller of Users personal information.
- Any further information or queries in relation to this policy, to include how your information is handled by Ingenium, should be directed to Alan Higgins at alan.higgins@ingeniumtc.com.
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Information we collect from you
Ingenium will collect and process the following personal information about its Users:
- Information you provide to us directly which may include your name, address, email address, date of birth, contact number, personal image data, employment details and education history.
- Information provided about you by third parties for e.g. your employer, internal/external consultants or third party referees, which may include any/all of the information set out at 3.1 above.
- Each time you visit our website, and subject to our cookie policy, we will automatically collect the following technical information:
- The pseudonymised internet protocol (IP) address (i.e. an address which doesn’t immediately allow us to identify any individual but which may identify your location) used to connect your computer to the internet, your login information, browser name, type and version, time zone setting, language, browser plug-in types and versions, operating system and platform;
- information about your visit including the full Uniform Resource Locators (URL), the title of the page you are viewing, clickstream to, through and from the Site (including date and time), properties you viewed and/or searched for, type of device being used to visit the page and its operating system, page response times, download errors, length of visits to certain pages, how the page was found, page interaction information (such as scrolling, clicks, screen resolution, level of engagement and mouse-overs), methods used to browse away from the page and whether or not a user has Javascript technology enable;
- Subject to your preferences and any other features you might opt in to, such as advertisement personalisation, other technical information about your visit to the Site may be collected by Google Analytics, further information of which can be found here; and
- Cookies in line with our cookie policy.
- Each time you attend at the Premises, your personal image and/or voice recording data via our CCTV cameras.
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Purposes for which we collect your information
- Ingenium will process the personal information outlined at section 3 above, for the following purposes:-
- On the basis of your consent:-
- to provide you with information that you have requested from us;
- to sign you up for any of our products and/or services;
- to respond to issues or queries raised by you;
- to engage in certain, electronic marketing practices with you (other than those for which we have a legitimate interest as outlined in clause 4.1.3).
- In certain circumstances, to carry out our obligations arising from any contract(s) entered into between you and Ingenium for e.g. to provide a product or contracted service to you;
- On the basis that we have a legitimate interest in carrying out our day to day business, to use third party data processors to carry out certain functions on our behalf and to provide software applications to us, to engage in certain, limited forms of electronic marketing to existing clients/customers (which otherwise comply with Regulation 13(11) of the ePrivacy Regulations), to receive business referrals from third parties, to otherwise try and enhance our business etc.;
- On the basis that we have a legitimate interest in ensuring the security of our business, to engage in CCTV monitoring at the Premises;
- To comply with any statutory obligations to which Ingenium is subject; and
- In relation to the information referred to at paragraph 3.3 above, to administer our website, for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, to improve the website and to ensure that content is presented in the most effective manner for you and for your computer and to do our best to keep the website safe and secure. Ingenium relies on its legitimate interests to process this information.
- On the basis of your consent:-
- Ingenium will process the personal information outlined at section 3 above, for the following purposes:-
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Disclosure of your information to third parties
- Ingenium does not share your personal information with any unauthorised third parties. In certain circumstances however, in order to carry out our day to day business activities, it might be necessary to share the personal information you provide to us with limited third parties, including:
- Your employer where they put through you through one of our courses, or where you engage with us on behalf of your employer;
- External advisers, consultants and/or third party service providers for example IT support companies/technicians, software providers, shredding companies, mailing companies and/or researchers who carry out projects for Ingenium or who are instructed on behalf of Ingenium.
- Google analytics for the purposes outlined at paragraph 4.1.6. of this Policy.
- In those instances where we are required to share your personal information as set out at paragraph 5.1 above, we will ensure that we comply with data protection law in respect of such sharing i.e. a contract will be in place with the relevant third party so as to try and ensure the onward protection and security of your personal information when it is in the hands of a third party and to prevent any unlawful use of your information by that party.
- In certain, unlikely circumstances Ingenium may be required to disclose or share your personal information in order to comply with a legal or statutory obligation, in order to enforce other agreements or to protect the privacy rights of individuals (to include you/your parent or legal guardian). This may require the sharing of your personal information with third parties such as the Data Protection Commission, An Garda Siochána and/or our legal advisors or insurers.
- Where Ingenium obtains your personal information from third parties such as your employer or a third party referee, it presumes the said party has a lawful basis to transfer your personal information to Ingenium and Ingenium accepts no liability for the lawfulness or otherwise of such transfers.
- Ingenium does not share your personal information with any unauthorised third parties. In certain circumstances however, in order to carry out our day to day business activities, it might be necessary to share the personal information you provide to us with limited third parties, including:
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How long do we retain your information
- Ingenium will generally only retain your personal data for as long as necessary to fulfil the purposes for which it was collected.
- The technical data referred to at paragraph 3.3 of this Policy and processed by Google Analytics will be processed for a minimum of 2 months and a maximum of 14 months, after which time it will be automatically deleted
- Personal image data will generally only be retained for a maximum of one month unless an incident has occurred on the Premises, which warrants its retention beyond this timeframe.
- In some limited circumstances it may be necessary to retain your personal information for longer than the purpose for which it was collected for e.g. to comply with a relevant legal requirement or where we believe it is necessary to retain the information for longer for example to allow us to defend or pursue a legal claim.
- We will securely delete your personal information when it is no longer required.
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Transfers outside the European Economic Area (“EEA”)
- Ingenium will generally not process your personal information outside the EEA.
- An exception to this is where you engage with and create an account (which requires a name and email address) on our learning management system, which is hosted via Docebo. Docebo’s privacy policy can be found here https://www.docebo.com/docebo-privacy-policy/.
- Where we do process your personal information outside the EEA, we will ensure that such transfer is in compliance with data protection law i.e. that it is either to a country which has been deemed safe by the European Commission due to the standard of that country’s privacy laws or by way of a contract adopting standard clauses which have been prepared by the European Commission for the purposes of protecting personal data outside the EEA.
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Your rights
- Subject to limited exceptions, you have a number of rights in relation to your personal information:
- The right to information about what data or personal information we hold about you;
- The right to a copy of all data we hold about you either by way of a data access request or, in a machine readable format, by way of a data portability request;
- The right to object to Ingenium’s processing of your data;
- The right to request that your personal information be erased or restricted from further use;
- The right to correct, amend or update information you have given us;
- In circumstances where we process your personal information on the basis of your consent, you have the right to withdraw this consent at any time.
- To exercise any of the above rights please contact Alan Higgins at the following email address alan.higgins@ingeniumtc.com. Please note that whilst we will carefully assess every request we receive we may not always have to comply. When this happens, we will explain why.
- Subject to limited exceptions, you have a number of rights in relation to your personal information:
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Queries/Complaints
- If you have any questions about the contents of this policy or if you are not happy with the way Ingenium handle/have handled your personal information or have dealt with a rights request, please let us know by emailing alan.higgins@ingeniumtc.com.
- If you are not satisfied with the response you receive from us you also have a right to complain to the Data Protection Commission of Ireland via their website https://www.dataprotection.ie/
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Changes to this policy
- Any changes we make to this policy in the future will be posted on this page and we ask you to check back frequently to see any updates or changes.
Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
- What is in these terms?
- These terms tell you the rules for using our website https://mypathwayjourney.com/ (our “site”).
- Who we are and how to contact us?
- This site is operated by Ingenium Training & Consulting Limited. We are a private limited company registered in Ireland under company number 555643. Our main trading address is 68 O’Connell St, Limerick, V94 YNP7, Ireland. Our VAT number is 3346875DH.
- To contact us, please email info@mypathwayjourney.com.
- By using our site, you accept these terms
- By using our site, you confirm that you accept these terms and that you agree to comply with them.
- If you do not agree to these terms, you must not use our site.
- We recommend that you print a copy of these terms for future reference and all policies incorporated in these terms for future reference. You may download a copy of these terms, here: https://mypathwayjourney.com/wp-content/uploads/2022/05/pathway-terms_2022.pdf.
- There are other terms that may apply to you
- These terms refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy: https://mypathwayjourney.com/policies/#privacy-policy.
- Our Acceptable Use Policy: https://mypathwayjourney.com/policies/#aup.
- Our Cookie Policy: https://mypathwayjourney.com/policies/#cookie-policy.
- These terms refer to the following additional terms, which also apply to your use of our site:
- We may make changes to these terms
- We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
- We may make changes to our site
- We may update and change our site from time to time (for any reason).
- We may suspend or withdraw our site
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
- What is Pathway?
- Pathway is a service that we offer to assist a student toward a course option that is potentially suited to them.
- Your Pathway Account & the Pathway Services
- You may (subject to and in accordance with these terms) create an account on this site (a “Pathway Account”) and use that account for (the “Pathway Services”):
- taking the Pathway survey to receive either: a fully paid report which is intended to outline twelve course options that may be suited to you; or a shorter report free of charge, which is intended to outline some course options that may be suited to you, in each case through the analysis of your favourite subjects, hobbies, interests, passions and decision-making style;
- joining as a Pathway member to access to a variety of materials specifically developed for a student participant such as articles, podcasts and personal development materials intended to assist in a range of relevant areas; and/or
- engaging with us and with other participants in the Pathway community, including through communications, articles, blogs, and other posts and through a points-earning and leader board system, where the points accumulated by participants (based on engagement, contributions, demonstrated learnings etc) will be visible to all members. See section 26 for Gamification features explained.
- We have the right to suspend or terminate your access to your Pathway Account at any time.
- In using your Pathway Account, you agree that your Pathway account is specific to you and therefore access to any membership features on that account only applies to you and the specific information you have provided.
- By registering with us and creating your Pathway Account, you agree to provide us with accurate and non-fraudulent information. You may not impersonate any other person when registering for (or maintaining) your Pathway Account (including a parent or guardian). You may not share your Pathway Account with anyone else. We reserve the right at any stage to terminate an account. Accounts can only be created by individuals who are able to enter into legally binding contracts.
- We will use reasonable endeavours to provide the Pathway Services with reasonable skill and care, Nevertheless, we cannot guarantee that your access to or use of the site, your Pathway Account or the Pathway Services will be error free.
- You may (subject to and in accordance with these terms) create an account on this site (a “Pathway Account”) and use that account for (the “Pathway Services”):
- Payment for Pathway services
- Online payments for the Pathway Services may be accepted through this site.
- All payments shall be made in Euro. We will use our best endeavours to ensure the Pathway Services are currently available at the price shown, however there is no guarantee this will always be the case.
- Once payment has been made, your bank account will be debited for the amount.
- If you do not accept these terms, do not use our online payment facilities. All online payments are subject to these terms.
- We cannot accept liability for payments being recorded on the wrong account if you supply inaccurate information.
- Your payment will normally reach our bank account within 5 working days. We cannot accept any liability for delayed payments.
- We cannot accept liability if payment is refused or declined by your card supplier for any reason. If your card supplier declines payment, we are under no obligation to bring this fact to your attention. You should check with your card supplier that payment has been deducted from your account.
- The data that you provide during online payment transactions is securely held by us or our e-commerce providers (including Stripe) and will only be used for the purpose of recording your payment and for accounting processes. This data will be treated confidentially and with the utmost care and respect. We shall ensure that the data is used for no other purposes and is disclosed to no third party, except in respect of data that is necessary to provide to our e-commerce providers who will process this information on our behalf. In limited, exceptional circumstances, we may be required to disclose data to other third parties, for example where this is necessary to comply with law. Our e-commerce providers will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed securely.
- By completing and submitting means an electronic order form for Pathway Services (an “Order”), an offer to purchase Pathway Services is made (an “Offer”). An email may be sent acknowledging an Order. This email does not constitute acceptance of an Offer. There is no obligation on us to accept any Offer. An Offer will not be accepted under certain circumstances, including but not limited to: (a) your payment is not authorised; (b) your credit account, where appropriate, is in arrears or on hold; (c) we are unable to provide the Pathway Services sought in the Order; (d) the Pathway Services are not currently available or are no longer available, or are oversubscribed or have limited or restricted availability; or (e) the Order has been cancelled. In any case (whether described in this clause or otherwise), we reserve the right to refuse any Order and/or Offer. On the acceptance by us of an Offer, a contract is created.
- At our discretion, Pathway Services will not be rendered or initiated until payment is received or authorised.
- An Order may be cancelled in respect of Pathway Services only if we receive notification to cancel in with a period of two weeks of the Order. In the event you wish to cancel an Order pursuant to this clause it will be necessary to contact us and provide your name and order number. Refunds, if applicable, will be made to the card used for the original transaction.
- You must keep your account details safe
- If you choose, or you are provided with, login details, a username or other user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any login details, username or other user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your user login details, username or other user identification code or password, you must promptly notify us at info@mypathwayjourney.com.
- How you may use material on our site
- “Style-Us” is a registered trademark of ours in Ireland. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under these terms.
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Copyright is implied irrespective of whether a copyright symbol or copyright statement is displayed. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us (or, as the case may be, from our licensors).
- Do not rely on information
- The content on our site (including in respect of the Pathway Services) and any reports provided to you pursuant to the Pathways Services is provided for general information only. It is not intended to amount to advice on which you should solely rely. In addition to reviewing your personalised Pathway report, you may wish to engage professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In providing the Pathway Services, we are assuming no responsibility for the manner in which you complete any questionnaire or in which you provide any information to us (all which remains your responsibility). In addition, we take no responsibility for any career, employment, education, training, or other decisions you make on the basis of the Pathway Service.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
- User-generated content is not approved by us
- This site may include information and materials uploaded or posted by or on behalf of other users of the site. This information and these materials have not been verified or approved by us. The views or values expressed by other users on our site do not represent our views or values.
- How to complain about content
- If you wish to complain about content (including content uploaded or posted by other users), please contact us on info@mypathwayjourney.com.
- Our responsibility for loss or damage suffered by you
- Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
- If you are a business user:
- We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our site for domestic and private use and, by using our site, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
- We will only use your personal information as set out in our Privacy Policy.
- By accepting these terms, you agree that we may share any Pathway report prepared for you with the guidance counsellor at your school. If you wish to withdraw this consent please contact us as soon as possible at: info@mypathwayjourney.com. You understand and agree that if you withdraw your consent after we have shared your Pathway report with your school’s guidance counsellor we can only ask the guidance counsellor to delete your Pathway report. In that event, you should also follow up with your guidance counsellor to request deletion of your Pathway report.
- Uploading content to our site
- Any content which you upload or post to our site (or which you submit for upload or posting to our site) must comply with the content standards set out in our Acceptable Use Policy. We may, at our absolute discretion, decide not to upload or post any content submitted by you or to remove any such content (including if it does not comply with those content standards).
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload or post to our site (or which you submit for upload or posting to our site) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but when you upload or post content to our site (or if we upload or post your content to our site on your behalf), you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the site and across different media (including to promote the site or our services) forever.
- We also have the right to disclose your identity to any third party who is claiming that any content uploaded or posted by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
- We have the right to remove any content uploaded or posted to our site if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
- You are solely responsible for securing and backing up your content.
- We are not responsible for viruses and you must not introduce them
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. It is recommended that you should virus check all materials downloaded from our site and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- We are not responsible for websites we link to
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- Rules about linking to our site
- You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the standards set out in our Acceptable Use Policy.
- If you wish to link to or make any use of content on our site other than as set out in these terms, please
contact info@mypathwayjourney.com.
- Breach of terms
- When it is considered that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of these terms and may result in us taking all or any of the following actions:
- immediate, temporary, or permanent withdrawal of your right to use the site;
- issue of a warning to you;
- commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- take further legal action against you; or
- disclosure of such information to law enforcement authorities as we consider appropriate or necessary or as required by law.
- In the event of the temporary or permanent withdrawal, termination, or suspension of your right to use the site, you must, at our option, return or destroy any copies of any and all information, material and content provided or made available on, by or pursuant to the site or any communications pursuant thereto which you have made, copied, reproduced or circulated.
- We exclude liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described in this section and we may take any other action which we deem appropriate.
- When it is considered that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of these terms and may result in us taking all or any of the following actions:
- Waiver
- No failure or delay by us to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under these terms or by law is only effective if it is in writing.
- Severance
- If any of these terms are deemed invalid or unenforceable for any, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
- Governing Law and Jurisdiction
- These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. You and we both agree to the exclusive jurisdiction of the courts of Ireland.
- Gamification features and awarding of PDP points
- Access to the online, self-paced Personal Development Programme (“PDP”) is included in the membership subscription for Pathway. This includes 12 different learning modules, with video vignettes and interactive exercises, navigated by members at their own pace. PDP includes an interactive gamification feature where points can be accumulated by members for participating in the PDP learning journey. PDP points can be accrued by watching videos and completing exercises, as well as posting learning observations. Set points are included with badges and trophies for the following different elements, which are added to form a cumulative total:
- Video Complete
- Knowledge Exercise Complete
- Module Complete
- Completion of PDP Programme
- Learning Contribution
- Outstanding Contribution
- Completion of items i, ii, iii, and iv by members will accrue PDP points automatically on completion of these respective elements within PDP. Additionally, Learning Contributions, following completion of the PDP videos and exercises can be posted on the Pathway Learning Journal by members. These Learning Contributions will be assessed by an Ingenium moderator who will subsequently approve the post (item v), should it meet the qualifying criteria, or alternatively register the post as not approved, should it not meet the stipulated requirements. If the post is approved, the post will appear in the Pathway Learning Journal and a set number of points awarded to the member accordingly, per qualifying contribution, and added to previously accrued points. The Ingenium moderator, at their sole discretion, may award extra points for any Outstanding Contribution made by members to the Pathway Learning Journey (item vi), again these points are a set amount per Outstanding Contribution. A qualifying Learning Contribution is one that is posted by a member that documents a specific learning they have experienced, either with friends, family, or other people, relative to a one of the modules, or a video within one of the modules, supported by any image, graphic or video, if required to support the communication of the learning experience. It can be humorous or serious, but must be authentic, non-offensive and respectful to other members and it must comply with the content standards set out in our Acceptable Use Policy. An Outstanding Contribution is one deemed by the Ingenium moderator, again at their sole discretion, to be exceptional in nature, one that differentiates itself from other learning contributions, capturing the true essence of the learning materials in action.
- Monthly and annual leader boards will be posted on the site, which will reflect the members in order that have accrued the most cumulative points for a given period. Monthly and annual prizes will be awarded to members that have the most points for a given period. The sequencing and list of prizes will be published on our Pathway website on a regular basis.
- The Ingenium moderator has then final say for all PDP points awarded from elements (v) and (vi) and will be the person who announces monthly and annual prize winners via the Pathway website.
- Should you wish to make any observation, register a complaint, or seek clarification about any aspect, operation, or feature of the Pathway PDP Gamification process, please contact us at our email info@mypathwayjourney.com.
- Access to the online, self-paced Personal Development Programme (“PDP”) is included in the membership subscription for Pathway. This includes 12 different learning modules, with video vignettes and interactive exercises, navigated by members at their own pace. PDP includes an interactive gamification feature where points can be accumulated by members for participating in the PDP learning journey. PDP points can be accrued by watching videos and completing exercises, as well as posting learning observations. Set points are included with badges and trophies for the following different elements, which are added to form a cumulative total:
- Vouchers
- Any single purpose vouchers purchased on our site or in respect of Pathway are redeemable against a specific product only, either a paid-for report or a membership subscription and are not redeemable for cash or any other products or services.
- VAT
- VAT is included in all pricing offered on the Pathway site and applicable to all purchases made.
Acceptable Use Policy
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Acceptable Use Policy
- You may use our website https://mypathwayjourney.com/ (the “site”) only for lawful purposes. Without prejudice to the generality of the foregoing, you may not use the site:
- in any way that breaches any applicable local, national, or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any person (including minors) in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send, upload, or post any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar code designed to adversely affect the operation of any software or hardware.
- You may use our website https://mypathwayjourney.com/ (the “site”) only for lawful purposes. Without prejudice to the generality of the foregoing, you may not use the site:
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Content Standards
- Without prejudice to any other provision of these terms, the following content standards apply to all material that is contributed by you to our site (including content that is submitted by you to us for upload or posting to the site or that is uploaded or posted by you directly to our site) (with these standards applying to each part of any contribution as well as to a contribution in its entirety).
- Contributions must:
- be accurate where they are a statement of fact;
- be genuinely held where they are a statement of opinion;
- be compliant with any applicable law in Ireland and any applicable law in any country from which they are posted;
- Contributions must not:
- be defamatory of any person or contain any defamatory statements or content;
- be obscene, offensive, hateful or inflammatory;
- promote, encourage, or incorporate sexually explicit concepts or materials;
- promote, encourage, or incorporate violence;
- promote, encourage, or incorporate discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe (or be likely to infringe) any right of any person, including a copyright, database right, trademark, or other intellectual property of any other person;
- be intended to be an attempt to or be likely to deceive any person;
- be in breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote, encourage, or incorporate any illegal activity, including any acts of terrorism;
- be in contempt of court;
- be threatening or abusive or an invasion of a person’s privacy or may cause annoyance, inconvenience, or needless anxiety to any person;
- be likely to harass, upset, embarrass, alarm, or annoy any other person;
- disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- advocate, promote or incites a party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; and/or
- plagiarise, copy, or reproduce the work, content, or ideas of another person without their explicit consent or permission.
- You must not attempt to gain unauthorised access to the site, the server on which the site is stored, or any server, computer or database connected to the site. You must not attack the site (including via a denial-of-service attack or a distributed denial-of service attack).
- We may report any breach of this Acceptable Use Policy to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
- You also agree:
- not to use, print off, copy, or download any part of the the site in breach of these terms;
- not to reproduce, duplicate, copy or re-sell any part of the site; and
- not to access without authority, interfere with, damage, or disrupt: any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; and database connected to the site; or any equipment or network or software owned or used by any third party.
- You may not use the site in any manner which could damage, disable, or impair the services provided by us through the site.
Data Protection Policy
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Interpretation
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Definitions:
- Company (we/our/us):
- Ingenium Training and Consulting Limited, a company registered under the laws of Ireland under company number 555643 with its main operating premises at No. 68 O’Connell Street, Limerick, Ireland.
- Company Personnel:
- all employees, workers, contractors, agency workers, consultants, directors, and members of the Company.
- Consent:
- agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
- Controller:
- the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with Data Protection Law. The Company is the Controller of all Personal Data relating to Company Personnel and Personal Data used in our business for our own commercial purposes.
- Data Subject:
- a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data. In this policy, Data Subjects referenced are Company Contacts, as defined.
- Data Privacy Impact Assessment (DPIA):
- tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programmes involving the Processing of Personal Data.
- Data Protection Law:
- means all legislation and regulations relating to the protection of Personal Data including (without limitation) the Data Protection Acts 1988-2018, the GDPR and all other statutory instruments, industry guidelines (whether statutory or non-statutory) or codes of practice or guidance issued by the Data Protection Commission relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
- Data Protection Contact:
- the person appointed by the Company to manage with its Data Protection Law compliance framework, namely Alan Higgins – alan.higgins@ingeniumtc.com.
- GDPR:
- the General Data Protection Regulation (GDPR) (EU) 2016/679.
- Personal Data:
- means any information from which a Data Subject can be identified, whether directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Personal Data Breach:
- any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
- Privacy by Design:
- implementing appropriate technical and organisational measures in an effective manner to ensure compliance with Data Protection Law.
- Privacy Notices or Privacy Policies:
- separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one-time privacy statements covering Processing related to a specific purpose.
- Processing or Process:
- any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
- Pseudonymisation or Pseudonymised:
- replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.
- Related Policies:
- all other policies, operating procedures or processes the Company has in place to ensure the protection of Personal Data.
- Special Categories of Personal Data:
- information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
- Third Country:
- Country outside the European Economic Area.
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Definitions:
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Introduction
This Data Protection Policy sets out how the Company is required to handle the Personal Data of its customers, clients, suppliers and other third parties who may engage with the Company for various reasons (excluding employees), (hereinafter collectively referred to as “Company Contacts”) in order to comply with Data Protection Law
This Policy should be read in conjunction with the Company’s Privacy Policy.
This Data Protection Policy applies to all Personal Data of Company Contacts we Process, regardless of the medium via which it is collected or stored and regardless of whether it relates to past, present or potential Company Contacts.
Company Personnel are required to read, understand and comply with this Data Protection Policy when Processing Personal Data on the Company’s behalf.
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Scope
We recognise that correct and lawful treatment of Personal Data will maintain confidence in the Company and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. Depending on the nature of the breach, the Company is exposed to potential fines of up to €20 million or 4% of total worldwide annual turnover, whichever is higher, for failure to comply with the provisions of the GDPR.
Each of the Company’s officers are responsible for ensuring the Company’s compliance with all aspects of Data Protection Law and the officers have appointed the Data Protection Contact to implement and oversee the necessary policies and procedures which form an integral part of this compliance.
Any Company Contacts with any questions or concerns in relation to how their Personal Data is handled by the Company, to include concerns regarding compliance or alleged non-compliance with this Data Protection Policy, should get in touch with the Data Protection Contact.
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Personal data protection principles
The Company strives in carrying out its day-to-day functions to adhere fully to the principles relating to Processing of Personal Data as set out in Data Protection Law which require Personal Data to be:
- Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency);
- collected only for specified, explicit and legitimate purposes (Purpose Limitation);
- adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation);
- accurate and where necessary kept up to date (Accuracy);
- not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation);
- Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality);
- not transferred to another country without appropriate safeguards being in place (Transfer Limitation); and
- made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
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Lawfulness, fairness, transparency
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Lawfulness and fairness
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject. We may only collect, Process and share Personal Data fairly and lawfully and for specified purposes.
Data Protection Law restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.
Data Protection Law allows Processing for specific purposes, some of which are set out below:
- the Data Subject has given his or her Consent;
- the Processing is necessary for the performance of a contract with the Data Subject;
- to meet our legal compliance obligations;
- to protect the Data Subject’s vital interests;
- to pursue our legitimate interests; or
- processing is necessary for the performance of a task carried out in the public interest.
The Company must identify and document the legal ground being relied on for each Processing activity.
Where Special Categories of Personal Data are Processed by the Company, different legal grounds for Processing apply.
For specific information in this regard, Company Contacts should refer to our Privacy Policy.
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Consent
As set out in section 5 of this policy, a Controller must only process Personal Data on the basis of one or more of the lawful bases set out in Data Protection Law. In certain circumstances Consent may be the basis relied upon.
A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient.
Where consent is the lawful basis for processing, Data Subjects must be easily able to withdraw such Consent at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if we intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
Where Consent is relied on to Process Cookies via the Company’s website, Consent is only valid for a 6 month period.
The Company is required to evidence Consent captured and keep records of all Consents in accordance with Related Policies so that it can demonstrate compliance with Consent requirements.
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Transparency (notifying Data Subjects)
Data Protection Law requires Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. The information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
Whenever we collect Personal Data directly from Data Subjects, we must provide the Data Subject with all the information required by Article 13 of the GDPR, including the identity of the Controller and Data Protection Contact, how and why we will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third party), we must provide the Data Subject with all the information required by Article 14 of the GDPR as soon as possible after collecting or receiving the data. We must also check that the Personal Data was collected by the third party in accordance with Data Protection Law and on a basis which contemplates our proposed Processing of that Personal Data.
For specific information in this regard, Company Contacts should refer to our Privacy Policy.
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Purpose limitation
Personal Data must be collected only for specified, explicit and legitimate purposes. As a general rule it must not be further Processed in any manner incompatible with those purposes.
Personal Data cannot be used for new, different or incompatible purposes from that disclosed when it was first obtained unless (1) the Data Subject has been informed of the new purposes and have Consented where necessary, or (2) such Processing is in line with the permitted exemptions to the purpose limitation rule as provided for in the Data Protection Act 2018 for e.g. to defend a legal claim or to take legal advice.
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Data minimisation
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
The Company must not Process Personal Data beyond the timeframe for which it is required for the purpose it was collected, unless it is required for a different, permitted purpose (please refer to section 8) or, unless the Company is required by some legal or regulatory obligation to retain such Personal Data.
All Personal Data processed by the Company is confidential and must be treated as such by Company Personnel. Company controlled Personal Data must not be disclosed to any third party save where required by law or as set out in the Company Privacy Policy.
The Company is required to ensure any and all Personal Data collected by it via Company Personnel is accurate, adequate and relevant for the intended purposes. Excessive Personal Data beyond what is required should not be collected.
Where the Company no longer has a lawful basis to Process Personal Data of Data Subjects, that Personal Data will be securely deleted or destroyed (per section 11 below).
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Accuracy
Personal Data must be accurate, complete, kept up to date and relevant to the purpose for which we collect it. Where a Data Subject becomes aware that any Personal Data Processed by the Company about them is inaccurate, this should be brought to the attention of the Data Protection Contact (or a Company employee, who will then refer the request on to the Data Protection Contact) without delay.
Save for exceptional circumstances as provided for by Data Protection Law, Personal Data will be corrected as soon as possible.
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Storage limitation
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
The Company is required to maintain policies and procedures which ensure Personal Data is deleted after a reasonable time from the expiration of the purposes for which it was being held, unless a law or other regulation to which the Company is subject, requires that data to be retained by the Company.
The Company will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require. This includes requiring third parties to delete that data where applicable.
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Security integrity and confidentiality
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Protecting Personal Data
Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
We will develop, implement and maintain technical and organisational safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we control and any identified risks.
Personal Data should only be shared with third-party service providers with whom there is a data processing agreement in place (ensuring the continued security and protection of Company-controlled Personal Data), as required pursuant to Article 28 of the GDPR.
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Reporting a Personal Data Breach
Pursuant to Data Protection Law Controllers are required to notify a Personal Data Breach to the Data Protection Commission no later than 72 hours after the breach. Where the Personal Data Breach is likely to result in a high risk to the affected individuals, organisations must also inform those affected individuals of the breach without undue delay.
We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.
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Transfer limitation
Data Protection Law restricts the transfer of Personal Data to a Third Country. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.
Third Country Personal Data transfers are lawful only if one of the following conditions applies:
- the European Commission has deemed that the said country has an adequate level of protection for the Data Subject’s rights and freedoms (an adequacy decision);
- appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses adopted and approved by the European Commission or an approved code of conduct or a certification mechanism;
- the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
- the transfer is necessary for one of the other reasons set out in Chapter 5 of the GDPR, including the performance of a contract between the Company and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
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Data Subject’s rights and requests
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
- withdraw Consent to Processing at any time (where the Company relies on consent to Process Personal Data);
- receive certain information about the Controller’s Processing activities;
- request access to Company-controlled Personal Data;
- prevent our use of Personal Data for direct marketing purposes;
- ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
- restrict Processing in specific circumstances;
- challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
- object to the Processing of your Personal Data by the Company;
- be notified of a Personal Data Breach which is likely to result in a high risk to your rights and freedoms;
- make a complaint to the Data Protection Commission;
- Bring a civil litigation claim for breaches of Data Protection Law by the Company vis-à-vis your Personal Data irrespective of whether material damage has occurred; and
- in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.
Rights requests should be exercised via the Data Protection Contact only.
A number of the rights provided for above have a time limitation for responding, the most frequent of which is 30 days.
Some of the above rights are not absolute and if for any reason the Company cannot comply with a rights request, a Data Subject should be given full information and reasons for such non-compliance.
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Accountability
The Company as Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. It is responsible for, and must be able to demonstrate, compliance with the data protection principles.
The Company should have adequate resources and controls in place to ensure and to document compliance with Data Protection Law, including:
- appointing an individual to deal with data protection compliance internally;
- implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
- integrating data protection into internal documents including this Data Protection Policy and Related Policies or Privacy Notices;
- regularly training Company Personnel on Data Protection Law, this Data Protection Policy, Related Policies and general data protection matters including, for example, Data Subject’s rights, Consent, legal bases for processing, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and
- regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
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Record keeping
Data Protection Law requires Controllers to keep full and accurate records of its data Processing activities. This includes records of Data Subjects’ Consents and procedures for obtaining Consents as well as (i) the name and contact details of the Controller and the Data Protection Contact, and (ii) clear descriptions of the types of Personal Data processed by it, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place.
A copy of the Company’s records are available via request to the Data Protection Contact.
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Data Protection Impact Assessment (DPIA)
Where Personal Data Processing by the Company involves a particularly high risk to the rights and freedoms of Data Subjects, the Company will conduct a DPIA before engaging in the particular Processing activity. Examples of Processing which may require a DPIA:
- use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
- Automated processing including profiling;
- large-scale Processing of Special Categories of Personal Data or Criminal Convictions Data; and
- large-scale, systematic monitoring of a publicly accessible area.
- a description of the Processing, its purposes and the Controller’s legitimate interests if appropriate;
- an assessment of the necessity and proportionality of the Processing in relation to its purpose;
- an assessment of the risk to individuals; and
- the risk mitigation measures in place and demonstration of compliance.
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Direct marketing
We are subject to the ePrivacy Regulations (S.I. 336/2011) (as may be amended from time to time), as well as Data Protection Law when marketing to our customers.
The general rule for electronic direct marketing (marketing via email, text, fax, telephone) is that it requires the affirmative consent of the recipient (such as by specifically opting-in) under Regulation 13 of the ePrivacy Regulations (SI 336/2011). Even where a direct marketer has the consent of a data subject, that consent may be withdrawn by the data subject, and in all cases of direct marketing, under Article 21 GDPR the data subject has the right to object at any time to the use of their personal data for such marketing, which includes profiling related to such direct marketing.
The limited exception for existing customers known as “soft opt-in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
If you receive marketing material from us which you do not wish to receive, you should make this known to the Data Protection Contact who will unsubscribe you from such communications immediately.
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Sharing Personal Data
As a general rule, the Company will not share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
The Company will only share the Personal Data we hold with third parties, such as our service providers, if:
- they have a need to know the information for the purposes of providing the contracted services;
- sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
- the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
- the transfer complies with any applicable cross-border transfer restrictions; and
- a fully executed written contract is in place with that third party, as required pursuant to Article 26 or Article 28 of the GDPR.
In certain limited circumstances, the Company may share Personal Data with third parties without having an opportunity to implement some/all of the foregoing safeguards for e.g. sharing information with An Garda Síochána, our insurers or our lawyers where an incident has taken place which requires immediate investigation.
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Changes to this Data Protection Policy
This Data Protection Policy may be amended from time to time and the latest version will be available via our website, http://ingeniumtc.com/ or via request to the Data Protection Contact.
Cookie Policy
About this cookie policy
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to control the cookie preferences. For further information on how we use, store, and keep your personal data secure, see our Privacy Policy.
You can at any time change or withdraw your consent from the Cookie Declaration on our website
Learn more about who we are, how you can contact us, and how we process personal data in our Privacy Policy.
Your consent applies to the following domains: www.mypathwayjourney.com
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How do we use cookies?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.
The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.
What types of cookies do we use?
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The information stored in these cookies may also be used by the third-party ad providers to show you ads on other websites on the browser as well.
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