Data Protection Declaration

1.The entity collecting data is: Happy Mouth LLC

2.WHAT DATA DO WE STORE?

We store all of the data that we need in order to maintain our relationships with customers and clients. This data ranges from records including full name, e-mail address and country, to more extensive records that include full name, telephone number, e-mail address, home and work address.

For tax purposes, if you attend a class or buy a product, we will store your tax or VAT identification number and all of the data that we need to issue a correct invoice in all of the jurisdictions in which we operate.

We may store both your shipping address, for product delivery, and your billing address, which can be used to verify credit card payments or other methods of payment.

3. WHY DO WE STORE YOUR DATA?

We store your data in order to provide the services that we offer for free and to fulfill our contractual undertakings with our customers and clients.

Personal data is stored to be able to send you information, free samples, products and to register you for classes and telecalls.

Recordings of classes and telecalls are stored and distributed to enable clients and customers to play back classes or telecalls they attended. Following the aforementioned classes or telecalls, recordings are also turned into products that are sold in the shop.

4.WHO HAS ACCESS TO YOUR DATA?

The Happy Mouth team has access to your data to be able to fulfill our contractual agreements with our customers and clients. The team may include our communications and marketing team, our event organizers and our administrative staff.

In addition, outsourcing work on specialist tasks within IT and accounting, for example, sometimes requires us to grant consultants access to your data whenever and wherever this is required to fulfill our legal obligations towards official authorities or to develop and improve our services.

5. DO WE SHARE YOUR DATA?

We do not share your data with anyone!

6. HOW LONG IS THE DATA STORED?

We keep the data stored as long as…

– We have a relationship with you as a customer, client or interested party
– We are legally obliged to for tax purposes

– until you unsubscribe or ask us to delete your information

7. WHAT DATA PROTECTION RIGHTS DO YOU HAVE AS A CUSTOMER?

As a customer, you have the right to…

– manage your e-mail or paid subscription
– correct any and all information I have stored
– request details of the data I have stored regarding you
– request deletion or limitation of your stored data.

If you would like to update, change or amend your data, please let us know by contacting us at this e-mail address: info@thehappymouth.com

If you would like to be deleted from our database, please contact us here: info@thehappymouth.com

8. ARE CUSTOMERS OBLIGED TO PROVIDE THEIR DATA?

Yes, as a customer or client, you must provide the data we need to be able to fulfill our contractual obligations within the various services we offer.

Depending on what you are requesting from us, we will ask you to provide information that may range from your full name, e-mail address and country to more extensive details including full name, telephone number, e-mail address, home and work address.

9. COOKIES, PROFILING AND AUTOMATION

We may use cookies to make our website workable and user-friendly. A pop up may appear the first time you visit our site, saying that we use cookies and that, by continuing, you agree to us placing cookies on your computer. In the process, a cookie will be placed on your computer so that you will not see the pop-up every time you visit the website.

We do not perform any form of automated profiling. Sometimes we will check what topics a client may be interested in based on his/her previous choices of classes or products.

We do not share your data or sell it to any external agencies. Checks on prerequisites for advanced classes are processed automatically.

10. WHERE DO WE STORE YOUR DATA?

We use multiple systems for storing your data to fulfill our contractual agreements with customers and clients.

In general, information is stored in cloud services and on computers in the country of  residence,

the United States of America, the European Union and Australia.

11. HOW DO WE PROTECT YOUR DATA?

 Contractors and the external agencies with whom we work have all signed NDAs (Non-Disclosure Agreements). They have also been trained in data protection.

The stored data can only be accessed through security-protected entry points by users with permission to access the information.

Data Protection Agreement


Data Protection Agreement

This agreement is entered into between:

Name:             Shauna Teaken
Address:          24 Gynther Ave
                           Brighton, QLD 4017 Australia

further referred to as “the Facilitator

and

Name:               

Address:         

further referred to as “the Subcontractor

1.     Scope of this Agreement

The scope of this agreement encompasses the handling, storage and protection of data provided to the Subcontractor by the Facilitator in accordance with the current European Data Protection Act 2018.

2.     Data protection

  • The Subcontractor herewith confirms and agrees to
    • treat all data confidentially;
    • only collect data following the explicit consent of his/her clients and customers;
    • not pass on data to any third party without prior written approval;
    • not use the data provided for any purpose other than that for which it was provided
    • immediately inform the Facilitator if a customer requests deletion of his/her data or no longer wishes to receive newsletters
    • comply with and follow the current European Data Protection Act 2018 whenever applicable, and
    • actively store and handle data in a secure way both paper records and digital information to prevent unauthorized third parties gaining access to the information. In the event of incidents where information is exposed to unauthorized parties, immediately inform the Facilitator about this.
  • The Subcontractor also needs to transfer data to the Facilitator for certain classes and herewith agrees and confirms that he/she has informed his/her client that data will be transferred to the Facilitator’ systems in accordance with the provisions of this agreement if
  • The Facilitator hereby confirms and agrees to
    • treat all data confidentially;
    • not pass on data to any third party without prior written approval;
    • not use the data provided for any purpose other than that for which it was provided
    • immediately inform the Subcontractor if a customer requests deletion of his/her data or no longer wishes to receive newsletters, and
    • comply with and follow the current European Data Protection Act 2018 whenever applicable.
    • actively store and handle data in a secure manner, both paper records and digital information, to prevent unauthorized third parties gaining access to the information. In the event of incidents where information is exposed to unauthorized parties, to immediately inform the Subcontractor about

3.     Use of data

The Subcontractor receives selected personal data from the Facilitator in order to fulfill his/her contractual duties to the clients registered for the Subcontractor’s classes in order to perform said classes (seminars, workshops and telecalls).

4.     Term

The term commences as of the date of signing of this agreement and is indefinite.

5.     Data provided

The data provided consists of:

  • Full name
  • Address
  • Telephone number
  • e-mail address
  • Tax identification numbers or VAT number

6.     Duties of the Subcontractor

  • The Subcontractor hereby confirms and agrees to use the data provided only for the purpose for which it was
  • The Subcontractor will document the way data protection is handled within his/her organization or business and will comply with the Data Protection Act 2018 and the rules and regulations agreed to
  • The Subcontractor confirms having received notice of the European Data Protection Act 2018 and confirms that he/she will comply with

Please visit https://www.eugdpr.org/ for a general overview on the EU Data Protection Act 2018.

  • The Subcontractor must not – at any time – pass on this data to any third party for promotion or marketing
  • The Subcontractor will document the use and storage of data in a manner that enables the Facilitator to provide a list of what data is stored per client if the client requests
  • The Subcontractor confirms that he/she will obtain the consent of new clients before adding them to the Companies’ database and disclosing their data to the Companies on their

7.     Technical storage of data

  • The Subcontractor hereby confirms that he/she will only store data in secure storage facilities, preferably within the territory in which he/she resides and only using applications or cloud solutions that are considered secure according to general public information that can easily be found and
  • The Subcontractor confirms that he/she will comply with technical standards protecting the data from being stolen or accessed without
  • Wherever data is stored, the Subcontractor is obliged to use secure password protected access points.

8.     Deletion of data

  • The Subcontractor hereby confirms that he/she will immediately delete any data, including physical documents and digital information if so requested by the Facilitator or its customers and
  • Data that the Subcontractor needs for tax reasons, such as copies of invoices, are excluded from this
  • If a customer of the Subcontractor requests deletion from the Subcontractors’ database, the Subcontractor is obliged to inform the Facilitator immediately and shall verify with the customer if the request to be deleted also concerns the Facilitator’s database, or only the database of the

9.     Sub-subcontractors

  • The Subcontractor is only allowed to pass on data to sub-subcontractors, if
  • this is for accounting, tax, legal or banking issues, or
  • prior written approval has been provided by the Facilitator
  • If a Subcontractor engages a sub-subcontractor, the Subcontractor must ensure that all data recipients sign a data protection agreement prior to receiving data and that the sub-subcontractor is fully aware of data protection in general and is technically and mentally able to comply with data protection
  • The Subcontractor shall only select reliable and trustworthy sub-subcontractors who ensure data handling in compliance with this
  • The Subcontractor is authorized to use this template for sub-subcontractors.

10.  Information duties

  • The Subcontractor hereby agrees to immediately inform the Facilitator in the event of any violation of the Data Protection Act.
  • This information must include the time, how data was accessed, any third party involved and the number of people who were

11.  Termination of this Agreement

  • This Agreement can only be terminated if the Subcontractor terminates the general working relationship with the facilitator
  • In case of a termination of this agreement, all data received from us needs to be returned to the Facilitator and deleted fully from every storage location or cloud service in which it has ever been stored, including any physical
  • Copies of invoices and any other documents needed for tax purposes are excluded from this

12.  Liability and Penalty

  • The Subcontractor is fully liable for any theft or abuse of data, and any breach of the European Data Protection Act
  • In case of a willful breach of this agreement or in case a Subcontractor intentionally accesses data for purposes other than those provided for herein, or if he/she passes on data to third parties in violation of the provisions of this agreement, the parties hereby agree to a penalty of EUR 5,000.00 per

 

Date: September 26, 2021

 

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Signed by Shauna Teaken
Signed On: November 5, 2020


Signature Certificate
Document name: Data Protection Agreement
lock iconUnique Document ID: e44c88fecc548dd4c0100ea0955b912266636800
Timestamp Audit
November 5, 2020 7:42 pm MDTData Protection Agreement Uploaded by Shauna Teaken - Shauna@thehappymouth.com IP 122.62.232.125

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