11. INFORMATION FOR EU RESIDENTS.
the data controller is Awakened Mind Group Pty Ltd ABN 46 625 632
206, Level 8, 11 York Street, Sydney, New South Wales 2000.
Our representative in the EU is: Charley Hannoun, Hannoun Avocats
(Paris). Privacy-related questions can be directed to firstname.lastname@example.org.
You are not legally required to provide Awakened Mind with the
You might have entered into with Awakened Mind by purchasing Our mindfulness, meditation and
other modules or services does not imply any obligation to provide Your personal
You might not be able to use Our mindfulness, meditation and other modules or services to
the full extent if You do not provide Us with certain personal information or object to the
this personal information.
Our Legal Basis for Processing. When processing
Your personal information, Awakened Mind relies on the General Data Protection Regulation
(“GDPR”), an EU-wide legal framework for the standardisation of data
protection. Awakened Mind primarily processes data as a controller, for the purposes
interests for the purposes of Article 6 (1) f) GDPR. At the same time,
some of the personal information Awakened Mind processes is necessary for Us to perform a
contract with You or in order to take steps at Your request prior to
entering into a contract with You. For example, if You express Your interest in purchasing
Our mindfulness or meditation products or services and use the Contact
Form on Our website, Awakened Mind will process the personal information submitted to comply
with Your request. This may include sharing Your personal information
with a subsidiary of Awakened Mind or an authorised distributor or partner. In addition,
Awakened Mind is legally obliged to provide certain information to criminal
prosecution or tax authorities in individual cases upon request. In these cases, the legal
basis for the processing is either legal requirements
(Article 6 (1) c) GDPR) or reasons of public interest (Article 6 (1) e) GDPR).
Transferring Your Data outside the EU or the European
Economic Area (EEA). Awakened Mind’s principal place of business is in
is a “Third Country” under the GDPR. Third Countries are generally not considered to afford
the same level of protection that You enjoy in the EU, but Awakened Mind still
provides an adequate level of protection for Your personal information – decision 2002/2/EC
of the EU Commission states that Australia is deemed to provide an adequate level
of data protection regarding commercial organisations such as Awakened Mind. If We use third
party systems for Your personal information that are outside the EU or the EEA,
then We will enter into a written agreement with each such third party containing data
protection obligations not less protective than those in this Policy.
User Profiles. We may use Your personal information
for “Profiling“. This means that Awakened Mind may use Your personal
information to make
tailored offers based on Your previous behaviour as well as to serve You personalised ads.
However, Awakened Mind will never process and analyse Your personal information
in the context of Profiling in a way would lead to an automated decision that has a legal
effect on You or significantly impairs You in a similar way.
Your Rights regarding the Processing of Your Personal
Information. As a natural person, You have certain rights as a “Data Subject”.
You can assert the following rights against Us under the GDPR:
- Your right to information and access under Article 15 GDPR,
- Your right to correction under Article 16 GDPR,
- Your right to erasure under Article 17 GDPR,
- Your right to restriction of processing under Article 18 GDPR, and
- Your right to data transferability under Article 20 GDPR.
In addition, You have a right of objection to the competent data
protection supervisory authority under Article 77 GDPR,
but only with respect to the data processing We conduct on Our own behalf, as a controller.
If Awakened Mind acts as a processor of Your data for
a third party, You must refer to the entity acting as controller to assert this right.
Information about Your Right of Objection under Article
Right of objection in individual cases. In
addition to the rights already mentioned, You have the right, for reasons arising
from Your particular
situation, to object at any time to the processing of personal information relating
to You, which is processed on the basis of Article 6 (1) e) GDPR
(data processing in the public interest) and Article 6 (1) f) GDPR (data processing
on the basis of a balance of interests); this also applies to
profiling based on this provision within the meaning of Article 4 (4) GDPR. If You
file an objection, Awakened Mind will no longer process Your
personal information unless Awakened Mind can prove compelling grounds for the
processing that outweigh Your interests, rights and freedoms or
the processing serves to assert, exercise, or defend legal claims. Please also note
that if Awakened Mind terminates the processing due to Your
objection, the mindfulness, meditation and other modules or services may no longer
be available to You or only to a limited extent.
The right to object to the processing of data for
advertising purposes. You also have the right to object at any time to
the processing of Your personal information for the purpose of direct marketing,
including any subscription to Our newsletters or personalised
ads. This also applies to Profiling, insofar as it is associated with such direct
marketing. If You object, Awakened Mind will no longer
process Your personal information in the future.
The objections can be made form-free and should be addressed to:
Updated: 25 June 2019