Privacy Regulations

Privacy regulations

1.1 Definitions

1.1.1 Pluform: A digital secure environment to facilitate coaching and coaching processes. Within Pluform, coach and coachee (client of the coach) conduct an online coaching dialogue, carry out assignments and interventions and share media files.

 

1.1.2 Personal data: any information relating to an identified or identifiable natural person as a coach or coachee, (both “involved”). An identifiable natural person is someone who can be identified, directly or indirectly, in particular by an identifier such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

1.1.3 Provision of personal data: Publication or provision of personal data in Pluform.

 

1.1.4 Processing of personal data: any processing or set of processing operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

 

1.1.5 Processing Officer: A natural or legal person, public authority, agency or other body which, alone or together with others, determines the purposes and means of processing personal data, being the coach or supervisor who offers online guidance via Pluform to his/her clients.

 

1.1.6 Processor: A natural person or legal entity, a government agency, an agency or another body that processes personal data on behalf of the Processing Officer, being: Pluform (part of eCoachPro B.V.), established in Tilburg. Postal address: Tivolistraat 50-52, 5017 HR Tilburg.

 

1.1.7 Coachee: The coachee (also client / client of the Coach) who makes use of Pluform for guidance.

 

1.1.8 Coach: The coach/supervisor (also the processing officer) who makes use of Pluform in supervising his/her coachees.

 

1.1.9 Organisation manager: The person who manages the organisation account within Pluform. He is able to add Coaches to the account and assign Coachees to Coaches. Organisation managers are able to manage the profile data (e.g. name and e-mail) of coaches and coachees. Organisation managers are unable to access data relating to the dialogue between coaches and coachees.

 

1.1.10 Involved: Coachee and/or Coach

 

1.111 Dialogue: A functionality within Pluform in which the Coachee and the Coach voluntarily share information regarding the coaching or guidance process. Special personal data may be shared in the dialogue, such as – but not limited to – physical health data and data on psychological wellbeing.

 

1.1.12 Intervention: A functionality within Pluform in which the Coachee and the Coach voluntarily share information with regard to the coaching or guidance process. In the intervention, special personal data can be shared, such as – but not limited to – physical health data and data about psychological wellbeing.

 

1.1.13 Media library: A functionality within Pluform in which the Coachee and the Coach voluntarily share information with regard to the coaching or guidance process. The media library may share special personal data, such as – but not limited to – physical health data and data on psychological wellbeing.

 

1.1.14 SMS services: A functionality within Pluform in which the Coachee and the Coach can send each other SMS messages in which they voluntarily share information relating to the coaching or guidance process. Special personal data may be shared in the SMS messages, such as – but not limited to – physical health data and data about psychological wellbeing.

 

1.1.15 Client File Page: A functionality within Pluform in which the Coach can keep track of information about its Coachee, such as session reports and the number of hours spent on the Coachee. This may contain special personal data, such as physical health data and data about psychological wellbeing.

 

1.2 Coachee

1.2.1 Categories of personal data

Both personal data and special personal data are collected within Pluform:

  • Data relating to identification and communication (e-mail address, first and last name, date of birth, gender and passport photo (optional), telephone number, language (NL/EN); entering a large part of the data is not necessary for the provision of the service. The only personal data that is required for the provision of the service are e-mail address, first and last name, and language (NL/EN);
  • qualitative data about the support process within the Dialogue, Interventions, Media Library, via SMS Services and the Client File page;
  • data related to activity within Pluform to monitor the IT processes (login attempts, activity on Pluform (posting of messages, last activity), error messages).

1.2.2 Purposes of processing

The main goals of the processing of personal data for the Coach (Officer) are:

  1. Performing an online coaching programme
  2. Enabling identification of and communication with his/her coachee

The purpose of Pluform (Processor) for the purposes of executing the agreement is the processing of personal data in the context of providing customer service and monitoring the IT processes.

The personal data are collected by means of:

(1) the client page on Pluform, on which Coach and Coachee can fill in information about the Coachee;

(2) activity on Pluform through the Dialogue, Interventions, Media Library, SMS Services; and

(3) session reports and notes kept by the Coach on the Client File page. No more personal data will be stored than is necessary for these purposes.

 

1.2.3 Basis of processing  (Article 6 GDPR)

1.2.3.1. The basis for the processing of personal data is necessary for the performance of the agreement with the involved.

1.2.3.2 The basis for processing special personal data is that the processing concerns personal data that has apparently been made public by the involved (Article 9(2)(E) and (H) of the GDPR).

1.2.3.3. The Coachee may at any time exercise its rights (see 2.6) and modify or discontinue the processing.

 

1.2.4 Categories of personal data obtained by third parties

There are no categories of personal data that are not obtained by the Coach or Coachee but by third parties. This means that all personal data of the Coach and Coachee will become known to Pluform because they are shared by Coach and Coachee and have not been obtained from another party.

1.2.5 Recipients of personal data

1.2.5.1 Personal data of the Coachee is shared with Coach and Coachee.

1.2.5.2. Personal data relating to identification and communication is also visible to Pluform employees Customer Service and IT.

1.2.5.3. Personal data relating to the coaching process (qualitative information from the Dialogue, Media Library, Interventions, SMS messages and the Client File page) are subject to strict authorisation rules and for the monitoring of the IT processes only visible to the Line Manager ICT Services within Pluform.

 

1.2.6 Rights of the Coachee


1.2.6.1. Right of inspection

The Coachee has the right to take cognizance of personal data relating to his or her person and to receive a copy thereof. He or she will submit a written request to this effect to his or her Coach. If, in the opinion of the Coach, it is plausible that direct inspection can lead to damage to the health of the Coachee, or to incorrect interpretation of the recorded data, he or she can recommend that inspection takes place under the supervision of himself or herself. The Coach will inform the Account Manager at Pluform as soon as reasonably possible of the Coachee’s request, who will pass it on to the IT Administrator within the organisation. The copy of the personal data relating to the Coachee will be communicated to Pluform by the IT Administrator to the Coach who is responsible for processing, and the Coachee involved, no later than four weeks after the request.

1.2.6.2 Right to rectification

The Coachee may request the rectification or addition of personal data relating to him or her in order to correct errors or omissions. He or she can largely do this by themselves by logging in to Pluform and adjusting the data. For special personal data that is shared in the dialogue or in the Client File page of the Coach, the Coachee must submit a written and motivated request to the Coach. The Coach will inform the Account Manager at Pluform as soon as reasonably possible of the Coachee’s request, who will pass it on to the IT Administrator within the organisation. The IT Administrator will notify Coach and Coachee of the rectification of the personal data relating to the Coachee no later than four weeks after the request to Pluform.


1.2.6.3 Right to oblivion

The Coachee is at all times entitled to have the personal data concerning him or her deleted without delay. Coachees can do this themselves by deleting their own account within Pluform. By removing the account within Pluform, all personal data of the Coachee will be removed from the systems. Coachees can also do this by sending a written request to the Account Manager at Pluform, who will pass the request on to the IT Administrator within the organisation. The personal data in question will then be deleted within 4 weeks.

1.2.6.4 Right to limitation of processing

Coachees have the right to a temporary limitation of the processing (only storing and no further processing of data) if:

  1. The Involved disputes the accuracy of the personal data;
  2. The processing is unlawful, but the Involved does not require the deletion of personal data;
  3. The Coach no longer needs to have the data at its disposal, but the Coachee needs the data for a legal issue;
  4. The Coachee has objected to the processing of personal data

In the event that the Coachee wishes to exercise this right, he or she will submit a written request to the Coach. The Coach will inform the Account Manager at Pluform as soon as reasonably possible of the Coachee’s request, who will pass it on to the IT Administrator within the organisation. The request to restrict processing will be granted to Pluform as soon as reasonably possible and in any event no later than four weeks after the request.

1.2.6.5 Right to transferability of data


The Coachee has the right to obtain personal data provided within Pluform in a structured, common and machine-readable form and to transfer such data to a third party without being hindered in doing so by Pluform.

In the event that the Coachee wishes to exercise this right, he or she may save the pages in Pluform on the computer or print them out. Alternatively, he or she can submit a written request to the Coach. The Coach will inform the Account Manager at Pluform as soon as reasonably possible of the Coachee’s request, who will pass it on to the IT Administrator within the organisation. The request will be honoured as soon as reasonably possible and in any event no later than four weeks after the request to Pluform.


1.2.6.6 Right to submit a complaint

If the Coachee is of the opinion that the provisions of these regulations and/or the General Data Protection Regulation are not being complied with, the Coachee has the right to submit a complaint about this to the Authority for Personal Data.

1.2.6.7 Storage Periods

Personal data will be kept only for the time necessary to achieve the purposes for which they are processed. In order to guarantee that a coachee has access to his dialogue after the process has ended, which may be important for achieving the objectives, Pluform stores the data for a maximum of two years after the end of the coaching process in question (to be measured against the coachee’s last activity). Unless the coachee himself or herself has deleted his or her data (exercised his or her right to oblivion).

 

1.2.6.8 Transfer of personal data

The transfer of personal data to another responsible party is not permitted, unless the Coachee gives his explicit consent to this. By this we mean that the data of Coachee is not shared with any other Coach than the Processing Officer.

1.2.6.9 Right to objection

The Coachee is at all times entitled to object to the processing of personal data concerning him or her for reasons related to his or her specific situation.

The Coachee will submit a written request to this effect to his or her Coach. If necessary, the Coach will contact the Pluform Account Manager to discuss the matter. Pluform executes the request within four weeks of receipt of the request and informs the Coach in writing of this.

 

1.3 Coach

1.3.1 Categories of personal data

The categories of personal data collected from the Coach are both personal data and special personal data.

  • Data relating to identification (e-mail address, first and last name, date of birth, gender, passport photo (optional), telephone number, language (NL/EN)) (Entering a large part of the data is not necessary for the provision of the service. The only personal data that is required for the provision of the service are e-mail address, first and last name, and language (NL/EN).
  • qualitative data about the support process within the Dialogue, Interventions, Media Library, via SMS Services and the Client File page (although this category of qualitative personal data most likely only relates to the Coachee);
  • data relating to activity within Pluform (login attempts, activity on Pluform (posting of messages, last activity), error messages);
  • data relating to (marketing) communication between Pluform and Coach (level of activity, level of opening/reading e-mails, number of active clients, number of inactive clients, services and products purchased, location;
  • accounting data (address data, invoice data, bank account number, product purchased, date of entry of licence)

1.3.2 Purposes of processing

The main purposes of the processing of personal data are to:

  1. Perform an online coaching programme
  2. Enable identification of and communication with the Coach
  3. Management within Pluform (Customer service, monitoring IT processes, (financial) administration, invoicing).

The personal data is collected by means of:

(1) The coach page on Pluform, where the Coach can fill in information about itself;

(2) activity on Pluform via the Dialogue, Interventions, Media Library, SMS Services and the Client File page;

(3) logging of the activity on Pluform;

(4) contact with customer service and payments.

No more personal data will be stored or stored than is necessary for these purposes.

 

1.3.3 Basis of processing

 

1.3.3.1 The processing of personal data is based on the fact that the processing of personal data is necessary for the performance of the contract with the involved.

1.3.3.2 The basis for processing special personal data (the not obligatory passport photo and not obligatory self-shared information in the Dialogue, Interventions, Media Library, SMS Services and Client File page) is that the processing concerns personal data that has apparently been made public by the person concerned (Article 9, paragraph 2, under E and H GDPR).

1.3.3.3 The Coach may at any time exercise its rights and modify or discontinue the processing of personal data.

 

1.3.4 Recipients of personal data

1.3.4.1 Personal data of the Coach are not accessible to third parties, with the exception of the data that is provided to sub-processors for the execution of the agreement between Pluform and Coach. These data transfers and the rights and obligations they entail are laid down in processor’s contracts with each sub-processor. More information can also be found in the processing agreement between Coach/Organisation as the processing officer and Pluform as the processing agent.

1.3.4.2 Only with the express consent of the Coach, third parties gain access to the personal data of the Coach that is shared in Pluform.

1.3.5 Rights of the Coach

 

1.3.5.1 Right to inspection

The Coach has the right to take cognizance of personal data relating to his or her person and to receive a copy thereof. He or she will submit a written request to that effect to Pluform’s Account Manager. The latter passes the request on to the IT Administrator. The entitlement will be honoured within four weeks of the request.


1.3.5.2 Right to rectification

The Coach may request the rectification or addition of personal data relating to him or her in order to correct errors or omissions. They can largely do this themselves by going to their own profile page within Pluform. He or she will submit a written and reasoned request to Pluform’s Account Manager. The latter passes the request on to the IT administrator. The entitlement will be honoured within four weeks of the request.

1.3.5.3 Right to oblivion

The Coach has the right to have the personal data concerning him or her deleted without delay. Coaches can do this by sending an e-mail to the Account Manager at Pluform, who will pass the request on to the IT Administrator within the organisation. The relevant personal data will then be deleted within 4 weeks.

1.3.5.4 Right to limitation of processing

The Coach has the right to a temporary limitation of the processing if:

  1. The accuracy of the personal data by Coach is disputed;
  2. The processing is unlawful, but the Coach does not require the deletion of personal data;
  3. The Coach has objected to the processing of personal data.

The Coach will submit a written and reasoned request to Pluform’s Account Manager. The latter passes the request on to the IT administrator. The entitlement will be honoured within four weeks of the request.

1.3.5.5 Right to transferability of data

The Coach has the right to obtain the personal details that have been provided to Pluform in a structured, common and machine-readable form and to transfer those details to a third party without being hindered in doing so by Pluform.

1.3.5.6 Storage Periods

The personal data shall not be kept longer than necessary for the purposes for which they are processed, but shall in any event be kept for no longer than a maximum of two years from the end of the coaching process in question.

1.3.5.7 Transfer of personal data

The transfer of personal data to another party is not permitted unless the Coach gives its explicit consent.

1.3.5.8 Right to objection

The Coach is at all times entitled to object to the processing of personal data concerning him or her for reasons related to his or her specific situation. He or she will submit a written and reasoned request to Pluform to this effect. Pluform will notify its decision to Coach in writing within four weeks after receipt of the request.

Version 18-05-2018