Privacy Policy for Terms of Service

Through our Terms of Services, we are committed to protecting your privacy and the confidentiality of your personal information, together with safeguarding children and families we work with. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate. In these documents, "I," “we”, “our”, and “us” refer to Sunny Kids Shine. Our contact details are:

Email: info@sunnykidsshine.com

Website: www.sunnykidsshine.com

We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR). The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

Data we process

We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:

Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.

Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.

Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us.

Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Your profile includes information such as purchases or orders made by you, preferences, feedback and survey responses.

Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.

We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.

For example, we may aggregate profile data to assess interest in a product or service.

However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.

If you do not provide personal information we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

• verify your identity for security purposes
• sell products to you
• provide you with our services
• provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information. Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies. If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us in writing via email info@sunnykidsshine.com. However, if you do so, you may not be able to use our website or our services further.

Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to:

• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our business
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage business risk
• protecting your interests where we believe we have a duty to do so

Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.

Information provided on the understanding that it will be shared with a third party

This part of the policy relates information provided via our social media platforms which allow you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

• posting a comment 
• Uploading an image
• clicking on an icon next to another visitor’s comment to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed. We do store it, and we reserve a right to use it in the future in any way we decide.  Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time. Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us via email info@sunnykidsshine.com. 

Information relating to your method of payment

Payment information is never taken by us or transferred to us either through our website or otherwise and our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of PayPal or Stripe who are both reputable payment service providers and PCI DSS compliant. 

Communicating with us

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business. We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is. We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner. It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you. The information is not used for any other purpose. We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.

Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use. Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use. When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose. If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

• to track how you use our website
• to record whether you have seen specific messages we display on our website
• to keep you signed in our site        

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

Access to your personal information

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website. To obtain a copy of any information that is not provided on our website you should contact us via email info@sunnykidsshine.com to make that request. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

Removal of your information

If you wish us to remove personally identifiable information from our website, you should contact us via email info@sunnykidsshine.com to make your request.

This may limit the service we can provide to you.

Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Use of site by children

We do not sell products or provide services for purchase by children, nor do we market to children. If you are under 18, you may use our website only with consent from a parent or guardian

Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us. Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

How you can complain

If you are not happy with our privacy policy or if you have any complaint regarding how we use and store your information then please tell us in writing via email info@sunnykidsshine.com.

Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

• to provide you with the services you have requested;
• to comply with other law, including for the period demanded by our tax authorities;
• to support a claim or defence in court.     

Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you. However, ultimately it is your choice as to whether you wish to use our website.

Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us via email info@sunnykidsshine.com

© 2022 Sunny Kids Shine.

These Terms of Service should be read alongside our Privacy Policy and safeguarding children policy available on our website.

By using any of Sunny Kids Shine's services, you confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms, you must not use any of our Sunny Kids Shine products or services.

Sessions 

At Sunny Kids Shine, we only work with children and their parents/carers together and if we work with children in a setting, we work with professionals, parents and children together. It is important that all those with parental responsibility of a child be involved in the sessions and the process. If parents are divorced/separated, the process will be addressed with all parents\carers as part of the the initial consultation process. It is vital to a child’s success in these sessions for parents/carers to be aware of and involved in the overall treatment. Sunny Kids Shine does not: 

1) Withhold pertinent information between parents with parental responsibility 

2) Continue with treatment if one parent who has parental responsibility is requesting for a child to terminate therapy. Without the involvement of parents/carers in treatment, there will be limits to the overall effectiveness of treatment. To improve the likelihood of success, you agree to participate in your child’s sessions as recommended by your Sunny Kids Shine specialist. These services might include, but are not limited to; parent consultations, or utilisation of specific strategies and techniques within the home outside of sessions. Our therapeutic relationship will remain a professional one at all times, the boundaries of which (such as contact outside of our sessions) can be agreed between us during our sessions.

The normal duration of each session is one hour, although we reserve the right to amend that time for therapeutic reasons. We will also always be led by your child and will end the session early if necessary. If for any reason you are late for a session, we will see you for the duration of the remainder but will be unable to work beyond the allotted time as this will disrupt our schedule for other families who we may be seeing later.  If you are later than 15 minutes, or cannot attend for any reason and have not contacted us to advise us that you will be late, the session will be terminated as a DNA (did not attend) and charged accordingly. An email will be sent and you will lose this session. As part of our program, we give homework at the end of each session. This is usually an activity that is aimed at putting what you have learnt during the session into practice. This is an essential part of the program and it is important that this is supported for the program to be beneficial.

You will receive a write up after each session and we aim to do this and reply to all correspondence within 48 hours, which is 2 working days, Monday to Friday, term time only.

It is understood that sometimes sudden events, such as emergencies, happen, that may make it necessary for families to cancel their appointment last minute or fail to attend and are unable to provide prior notification. On these occasions it is at our discretion if a fee will be charged. In general however, if you fail to give at least 24 hours notice of your intention to cancel or postpone an agreed session, or if there is a repeat of cancellations/DNA’s we reserve the right to charge in full for that session.

You will be notified of any holidays to be taken by us in advance. However, there may also be occasions when sessions may be cancelled because of illness or because of attending training sessions or meetings. We will try to give you as much notice as possible of any cancellation, and will offer an alternative time. Therefore, please notify any change in contact details. We cannot be held responsible for any issues surrounding communication with you if I do not hold up to date information re the above.

Our therapeutic relationship will remain a professional one at all times, the boundaries of which (such as contact outside of our sessions) can be agreed between us prior to, or during our sessions.

As part of our initial consultation process and in our registration form we will ask you about any other professionals that your family are currently receiving support from. You agree to provide Sunny Kids Shine with this information and obtain written consent to any professional working agreements as well as not to consult or instruct any other professionals to work with your child or family for the duration of this working agreement without prior written consent from Sunny Kids Shine. Any dual or multiple relationships will be avoided where the risks of harm to the child and/or family outweigh any benefits. The impact of any dual or multiple relationships will be periodically reviewed in supervision and discussed with clients when appropriate. They may also be discussed with any colleagues or managers in order to enhance the integrity of the work being undertaken. 

Notes may be taken during and after each session, which will be kept in accordance with the Data Protection Act (1998) and GDPR. These notes will be securely stored. We will discuss the disposal, retention or otherwise of any such notes at the end of our engagement.  You have the right to inspect your records should you so wish, and this request will be fulfilled during a therapy session.

Our contractual agreement is usually for 6 x 1 hour sessions, which are booked as you go and must be used within 3 months, from the date of the bespoke action plan. 

Sunny Kids Shine's usual business hours are Monday to Friday, 9am - 5pm. Weekend sessions are available between 9am-12pm, however these working hours are by appointment only. Sunny Kids Shine is closed during the school holidays and on Bank holidays.

Confidentiality

All Sunny Kids Shine practitioners are bound by their professional codes of conduct as defined by their accrediting organisation, which includes responsibility to manage your information confidentially and in line with GDPR. Confidentiality will be maintained within the codes of ethics and legal requirements. Confidentiality does not apply where it would mean that we might break the law or where withholding information means we would breach the codes of ethics. 

Confidentiality may be breached if we consider there is a risk you may harm yourself or others. In such exceptional circumstances, where there is concern for your well being or that of others, it may be necessary to seek help outside the therapeutic relationship. In such an event where we are considering breaching confidentiality, you will normally be consulted first.

In the case of a disclosure concerning acts of terrorism, vulnerable adult or child protection issues or drug trafficking, confidentiality will be breached and such disclosures will be passed onto the relevant authority without delay. Due consideration should be exercised before disclosing anything of a previously unreported criminal nature, as we are obligated to contact relevant authorities.

Fees & Payment

Payment for access to Sunny Kids Shine is payable in advance.

Payment is to be made to Sunny Kids Shine via bank transfer, their website, PayPal, or Stripe.

The fees are subject to change from time to time.

Website Links and Third Party Content

Where we use links to other websites 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.

Loss or Damage

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.

We only provide Sunny Kids Shine for domestic and private use. You agree not to use our Sunny Kids Shine content 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. 

Use of Zoom

All of the Sunny Kids Shine services take place via Zoom and the Zoom privacy Policy can be found here https://zoom.us/privacy. Zoom Legal Policies can be found here https://zoom.us/privacy-and-legal.

Sunny Kids Shine cannot, and will not, take any responsibility for the health and safety of the user whilst participating in any Sunny Kids Shine services. The health and safety of all participants remains the sole responsibility of them, their parent and/or guardian.

Recording of any Sunny Kids Shine sessions is not permitted.

Sunny Kids Shine cannot be held responsible for the recording or screen capturing of any Sunny Kids Shine sessions by other users. Where this is brought to the attention of Sunny Kids Shine, we will take action to prevent the use or distribution of such recordings and screen captures.

Cancellations and terminations 

Unfortunately, we do not offer refunds for any Sunny Kids Shine services, however, we may be able to move to an alternative session at the discretion of Sunny Kids Shine. 

Your feedback on the process will be asked for at the end of each session and if you feel unhappy with any aspects of the treatment being offered please do try and communicate this verbally at the time of the session, or after via email. This gives us both the chance to address and resolve any issues. You also have the opportunity to contact us throughout our contractual agreement via email and we aim to respond within 48 hours. Our usual business working hours are Monday - Friday 9am-5pm, term  time only

. 

We will not suddenly or without warning terminate our contract, except in exceptional circumstances, which would become clear during the course of our work together. This would be fully discussed at that time. 

We reserve the right to terminate therapy session and this agreement may be invalidated at the discretion of the practitioner where (but not limited to): 

1) The client (Parent/carer) is not abiding by the agreement 

2) The client (child/parent/carer or any member of the household) is perceived to be a threat to the practitioner's wellbeing. 

3) The impact of any dual or multiple relationships is affecting the work being undertaken and creating a conflict of interest.

Please note that any threats or acts of violence will invalidate this agreement with immediate effect. 

Sessions will not take place if you arrive under the influence of alcohol or non-prescribed medication and a repeat of this will invalidate this agreement with immediate effect.

Intellectual Property and Copyright

Sunny Kids Shine remain the owners of all intellectual property rights in all materials and content that is provided to you via our products, services, website and via all of our social media platforms.

Any material that is shared with you must not be shared, reproduced or disclosed to any other person without the express written consent of Sunny Kids Shine.

Data Protection

All information provided by you will be treated securely and strictly in accordance with Data Protection legislation. Sunny Kids Shine are the Data Controller. We use the information that you provide, primarily for the provision of services to you, in accordance with our contract, and for related purposes including updating and enhancing client records, analysis to help us manage our business, regular statutory returns and legal and regulatory compliance. 

Our use of that information is subject to your instructions, the data protection legislation and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as other professional advisors. You have a right of access under data protection legislation to the personal data that we hold about you. Any requests should be made to Jodie Smart. A copy of our Privacy Policy can be found on our website https://sunnykidsshine.com/privacy-policy.

Your Details

Whilst this contract between us continues, please let us know of any changes to your names and/or contact details, so that we can keep our records up to date.

We amend these terms from time to time and so every time you wish to use Sunny Kids Shine sessions, please check these terms to ensure you understand the terms that apply at that time.

The purpose and scope of this policy statement 

Sunny Kids Shine works with children and families as part of its activities. These include classes, coaching and 1:1 sessions.

The purpose of this policy statement is: 

• To protect children and young people who receive Sunny Kids Shine’s services. This includes the children of adults who use our services 
• To provide parents, staff and volunteers with the overarching principles that guide our approach to child protection. 

This policy statement applies to anyone working on behalf of Sunny Kids Shine, including senior managers and the board of trustees, paid staff, volunteers, sessional workers, agency staff and students. 

Legal framework 

This policy has been drawn up on the basis of legislation, policy and guidance that seeks to protect children in England. A summary of the key legislation and guidance is available from nspcc.org.uk/childprotection. 

We believe that: 

• Children and young people should  never experience abuse of any kind 
• We have a responsibility to promote the welfare of all children and young people, to keep them safe and to practise in a way that protects them. 
• 
  

We recognise that: 

• The welfare of the child is paramount 
• All children, regardless of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation have a right to equal protection from all types of harm or abuse 
• Some children are additionally vulnerable because of the impact of previous experiences, their level of dependency, communication needs or other issues 
• Working in partnership with children, young people, their parents, carers and other agencies is essential in promoting young people’s welfare. 

We will seek to keep children and young people safe by: 

• Valuing, listening to and respecting them 
• Appointing a nominated child protection/safeguarding lead for safeguarding 
• developing child protection and safeguarding policies and procedures which reflect best practice 
• Using our safeguarding procedures to share concerns and relevant information with agencies who need to know, and involving children, young people, parents, families and carers appropriately 
• Creating and maintaining an anti-bullying environment and ensuring that we have a policy and procedure to help us deal effectively with any bullying that does arise
• Sharing information about child protection and safeguarding best practice with children, their families, staff and volunteers via leaflets, posters, group work and one-to-one discussions. 
• Recruiting staff and volunteers safely, ensuring all necessary checks are made
• Providing effective management for staff and volunteers through supervision, support, training and quality assurance measures 
• Implementing a code of conduct for staff and volunteers 
• Using our procedures to manage any allegations against staff and volunteers appropriately.
• Ensuring that we have effective complaints and whistleblowing measures in place
• Ensuring that we provide a safe physical environment for our children, young people, staff and volunteers, by applying health and safety measures in accordance with the law and regulatory guidance 
• Recording and storing information professionally and securely. 

This policy is reviewed annually and was last reviewed on 1st July 2022.