Privacy Policy

Your privacy and trust are important to us. This Privacy Policy explains how Happiness Lab Limited trading as Harkn (we refer to ourselves as “Harkn”, “we”, “us”, or “our”) collect, use, and share your personal information in connection with the website, application (including any mobile application), product, software, or service that links to this Privacy Policy (we call these our “Services”).  This Privacy Policy, however, does not apply to:

• Our clients’ “content” that is inputted/uploaded and processed, stored, or hosted by our clients using our Services in connection with their account with us, in which this personal information is governed by our clients’ respective privacy policies;
• The “content” that is distributed within our Services (including with respect to personal information included in such content),
• Any website, application, product, software, service, or content that are offered by third parties or that link to their own privacy Policy, privacy policy, or privacy notice.

Importantly, some laws (like GDPR) distinguish between a “controller” and a “processor” (or similar terms). We note that we are a “controller” for those Services where we make decisions on how personal information is used in connection with our Services, and we are a “processor” for those Services where we only use personal information as allowed by our clients.

Where we make decisions on how personal information is used in connection with our Services (where we are acting as a controller), we are responsible for the obligations of a “controller” under applicable laws in connection with the processing of personal information – for example, we use this Privacy Policy and other notices to provide you with information about our use of personal information, as required by law. Where we only use personal information as allowed by our clients (where we are acting as a processor), our clients are similarly responsible for the obligations of a “controller” under applicable laws in connection with the processing of personal information, and, if you are using our Services through one of our clients, you should contact them if you have questions or concerns about the processing of your personal information or compliance with applicable laws.

Who we are & how to contact us

Harkn is a trading name of Happiness Lab Limited. Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to support@harkn.com or you can write us as follows:

To the Managing Director, 3 Sandpool Farm, Oaksey Road, Cirencester, Glos, GL7 6EA

As mentioned above, if you are using our Services through one of our clients, then you should contact them directly with any privacy-related issues or questions.

Information we collect

The type of personal information we collect depends on how you are specifically interacting with us and which Services you are using. Generally, we collect the following categories of personal information:

• Contact Information, such as name, alias, address, phone number, email address, and similar contact data.
• Organisation and Contacts Information, such as your employer or organisations that you are a member of, information about your colleagues or those within your organisation, your status with an organisation, and similar data.
• Account Information, such as security-related information (including user names and passwords, authentication methods, and roles), service-related information (including purchase history and account profiles), billing-related information (including payment, shipping, and billing information), and similar data.
• User Content, such as content of communications, thoughts, feelings, questions, comments, and other information you send to us, that you provide to us when you contact us, or that you post on our Services.
• Device & Browser Information, such as network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.
• Usage Information and Browsing History, such as usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, API calls, and other logs), content interactions (including searches, views, downloads, prints, shares, streams, and display or playback details), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction information (such as scrolling, clicks, and mouse-overs), and download errors), advertising interactions (including when and how you interact with marketing and advertising materials, click rates, purchases or next steps you may make after seeing an advertisement, and marketing preferences), and similar data.
• Location Data, such as the location of your device, your household, and similar location data.
• Demographic Information, such as country, preferred language, age and date of birth.
• Financial Information, such as billing address, credit card information, billing contact details, and similar data.
• Social Media and Online Content, such as information in social media and online profiles, online posts, and similar data.
• Career, Education, and Employment Related Information, such as job preferences or interests, work performance indicators.

Sources of information

We collect personal information about you either directly from you, from certain third parties (such as your employer or the subscriber providing access to our Services), or from other sources (such as publicly available sources) as follows:

• You provide personal information to us when you:
• Search for, subscribe to, or purchase our Services.
• Use our Services or otherwise interact with us.
• Create or maintain a profile or account with us.
• Purchase, use, or otherwise interact with content, products, or services from third party providers who have a relationship with us.
• Create, post, or submit user content on our Services.
• Register for or attend one of our events or locations.
• Request or sign up for information.
• Communicate with us by phone, email, chat, in person, or otherwise.
• Complete a questionnaire, survey, support ticket, or other information request form.

We collect personal information automatically when you:

• Search for, visit, interact with, or use our Services (including through a device).
• Access, use, or download content from us.
• Open emails or click on links in emails or advertisements from us.
• Otherwise interact or communicate with us (such as when you attend one of our events or locations, when you request support or send us information, or when you mention or post to our social media accounts).

We also collect personal information about you from third parties, such as:

• Your organisation and others with whom you have a relationship that provide or publish personal information related to you, such as from our clients when they arrange access to our Services for you or from others when they create, post, or submit user content on our Services that may include your personal information.
• Third parties and affiliates who integrate with our Services.
• Service providers and business partners who work with us in relation to our Services and that we may utilise to deliver certain content, products, or services or to enhance your experience.
• Marketing, sales generation, and recruiting business partners.
• Government agencies and others who release or publish public records.
• Other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.
• If necessary, in relation to a legal obligation.

How we use information

This section includes details of the purposes for which we use personal information and the different legal reasons for processing that personal information.

Lawful Basis

First, some laws require us to explain the lawful basis upon which we process your personal information. With respect to these laws, we process personal information about you on one or more of the following basis:

• To Perform a Contract. Where the processing is necessary for the performance of a contract.
• Legitimate Interests. Where the processing is necessary for legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.
• Your Consent. Where you have given us consent to process your personal information for specified purposes, such as to provide our Service and other items requested by you.
• Comply with the Law. Where the processing is necessary for compliance with a legal obligation.

Processing of Personal Information

We process your personal information in connection with our Services and for other business purposes, including to:

• Provide, deliver, analyse, and administer our Services (including in connection with the performance of a contract).
• For internal research and development purposes for new content, products, and services, and to improve, test, and enhance the features and functions of our current Services.
• Process transactions related to our Services and administer accounts or profiles related to you or your organisation (including registrations, subscriptions, purchases, billing events, royalty calculations, and payments).
• Personalise and make recommendations related to our Services and other offerings.
• Contact and communicate with you in connection with our Services or other notifications, programs, events, or updates that you may have registered for.
• Conduct and communicate with you regarding human resources administration.
• Comply with your instructions or fulfil other specified purposes for which you have given your consent.
• Detect and prevent fraud and abuse to ensure the security and protection of all clients and others, as well as to identify and authenticate your access to our Service or to identify and authenticate you before we provide you with certain information.
• Exercise our rights and protect our and others’ rights and/or property, including taking action against those that seek to violate or abuse our Services.
• Comply with the law and our legal obligations, including responding to a request or order from a court, regulator, or authority, as well as fulfilling our contractual obligations with our clients when they arrange access to our Services for you.
• Effectuate the sale, merger, acquisition, or other disposition of our business (including in connection with any bankruptcy or similar proceedings).

How we share information

We share personal information for the purposes set out in this Privacy Policy and with the following categories of recipients:

• Your Organisation and Contacts. We may share your personal information with your organisation and others with whom you have a relationship in order to fulfil or perform a contract or other legal obligation. We may also share your personal information with your contacts if you are in the same organisation or to facilitate the exchange of information between you and the contact(s).
• Business Partners. We may share your personal information with our business partners to jointly offer, provide, deliver, analyse, administer, improve, and personalise products or services (including these Services) or to host events. We may also pass certain requests from you or your organisation to these business providers.
• For some of our Services, we aggregate information from public records, phone books, marketing surveys, business websites, and other sources made available to us to create listings and profiles that become a part of our content in these Services, such as professional directories. These listings and profiles may be made available to all users of these Services. As described above, we may also share your personal information with other users who are your contacts if you are in the same organisation or to facilitate the exchange of information between you and the contact(s). Additionally, if you choose to include your personal information in any reviews, comments, or other posts that you create, then that personal information may be displayed to other users as part of your posting.
• In the Event of a Merger, Sale, or Change of Control. We may transfer this Privacy Policy and your personal information to a third-party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).
• Other Disclosures. We may disclose your personal information to third parties if we reasonably believe that disclosure of such information is helpful or reasonably necessary to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental request, to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to yourself or others, or to the rights, property, or safety of Harkn or the public.

Location of information

Harkn is located in the United Kingdom but operates across the globe. We host our website from the United Kingdom; however, we process data both inside and outside of the United Kingdom and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries in which we process data may have laws which are different from, and potentially not as protective as, the laws of your own country.

Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable data protection laws.

Security of information

The security of your personal information is important to us. Taking into account the nature, scope, context, and purposes of processing personal information, as well as the risks to individuals of varying likelihood and severity, we have implemented technical and organisational measures designed to protect the security of personal information. However, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable measures designed to protect personal information, we cannot guarantee its absolute security. Our security procedures also mean that we may request proof of identity before we disclose personal information to you or before we process your other requests.

It is your responsibility to keep your login credentials confidential. You must not share these details with anyone or store them in a way that may allow a third party to access them.

Retention of information

We retain personal information in accordance with our enterprise records retention schedule, which varies by Service, business function, record classes, and record types.

We calculate retention periods based upon and reserve the right to retain personal information for the periods that the personal information is needed to: (a) fulfil the purposes described in this Privacy Policy, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.

Children's privacy

Our Services generally provide information solutions and, as such, our Services are intended for professionals and/or individuals over eighteen (18) years of age. We do not target children and do not knowingly collect any personal information from children under the age of thirteen (13). When a user discloses personal information on our Services, that user is representing to us that they are at least eighteen (18) years of age.

Your rights

In certain circumstances, local data protection laws (such as the GDPR) may give you rights with respect to personal information if you are located in or are a resident of that country, state, or territory (including if you are located in the EU/EEA).

IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THAT THESE RIGHTS HAVE BEEN GRANTED TO YOU AND APPLY TO YOU UNDER APPLICABLE DATA PROTECTION LAWS. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHEN ACCESS TO THESE RIGHTS ARE LIMITED.

What rights may be available to me?

These rights differ based on local data protection laws in your country, state, or territory, but these rights may include one or more of the following:

• Access to Personal Information. You may have the right to obtain confirmation from us that we process your personal information, and if so, you may have the right to request access to your personal information. Please note that, to the extent permitted by law, we may charge a reasonable fee based on administrative costs for the first or further copies of your personal information requested by you.
• You may have the right to request that we rectify inaccurate personal information concerning you and depending on the purposes of the processing, you may have the right to have incomplete personal information completed.
• Erasure/Deletion. You may have the right to require us to erase some or all of the personal information concerning you.
• Restriction of Processing. You may have the right to require us to restrict the further processing of your personal information. In such cases, the respective information will be marked as restricted and may only be processed by us for certain purposes.
• You may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.
• Data Portability. You may have the right to receive a copy of your personal information, which you have provided to us, in a structured, commonly used, and machine-readable format, and you may have the right to transmit that personal information to another entity without hindrance from us.
• Withdraw Consent. You may have the right to withdraw the consent you have provided to us, where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time.
• Right to Complain. You may have the right to lodge a complaint to an applicable supervisory authority or other regulator if you are not satisfied with our responses to your requests or how we manage your personal information. For example, if you are located in the EU/EEA, a list of and more information about the EU/EEA Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. We encourage you to first or also reach out to us at support@harkn.com, so we have an opportunity to address your concerns directly.

Importantly, these rights are not absolutely guaranteed, and there are several exceptions where we may not have an obligation to fulfil your request. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHICH EXCEPTIONS MAY APPLY.

How do I submit a request?

To make a request or exercise your rights, please write directly to the HR Manager of your organisation.

When you make a request, we suggest that you inform them of which right you are exercising. You must specify which right you want to exercise and the personal information to which your request relates (if not to you). If you are acting on behalf of another individual, please clearly indicate this fact and your authority to act on such person’s behalf.

As mentioned above, our security procedures mean that your organisation may request proof of identity before we disclose personal information to you or before we process your other requests. Please note that if your organisation cannot verify your identity, they may not be able to fulfil your request.

Changes to this Privacy Policy

As Harkn changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason, and without notice to you other than the posting of the updated Privacy Policy on our Services. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Services frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

Conflicts

Depending on the specific Service you are using or specific interactions you have with us, we may provide different or supplemental privacy statements that describe and govern how we use your personal information. When we do so, those different or supplemental privacy statements apply to that specific Service you are using or those specific interactions you have with us.