GDPR Compliance

Our Commitment to GDPR

elm spark is committed to protecting the privacy and rights of individuals in accordance with the General Data Protection Regulation (GDPR). This page outlines how we comply with GDPR requirements and explains your rights as a data subject.

Data Controller Information

For the purposes of GDPR, elm spark acts as the data controller for personal information collected through our website and training services.

Contact details:
elm spark
150 King Street West, Suite 200
Toronto, ON M5H 1J9
Canada
Email: [email protected]

Lawful Basis for Processing

We process personal data under the following lawful bases:

• Consent: Where you have given clear consent for us to process your personal data for a specific purpose, such as receiving marketing communications.
• Contract: Where processing is necessary for the performance of a contract with you, such as providing training services you have enrolled in.
• Legitimate Interests: Where processing is necessary for our legitimate interests or those of a third party, provided your rights do not override those interests.
• Legal Obligation: Where processing is necessary for compliance with a legal obligation.

Your Rights Under GDPR

If you are a resident of the European Economic Area (EEA) or the United Kingdom, you have the following rights:

Right to Access

You have the right to request a copy of the personal information we hold about you. We will provide this information free of charge within one month of receiving your request.

Right to Rectification

You have the right to request that we correct any personal information that is inaccurate or incomplete.

Right to Erasure

You have the right to request that we delete your personal information in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected.

Right to Restrict Processing

You have the right to request that we restrict the processing of your personal information in certain circumstances, such as when you contest the accuracy of the data.

Right to Data Portability

You have the right to receive your personal information in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.

Right to Object

You have the right to object to the processing of your personal information in certain circumstances, including processing for direct marketing purposes.

Rights Related to Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Exercising Your Rights

To exercise any of these rights, please contact us at [email protected]. We will respond to your request within one month. In certain circumstances, we may extend this period by two additional months, in which case we will inform you of the extension and the reasons for it.

We may need to verify your identity before processing your request. If we cannot verify your identity, we may request additional information from you.

International Data Transfers

As we are based in Canada, personal data may be transferred to and processed in Canada. Canada has been recognized by the European Commission as providing an adequate level of data protection.

Where we transfer data to third parties outside of jurisdictions with adequate data protection, we ensure appropriate safeguards are in place, such as standard contractual clauses approved by the European Commission.

Data Retention

We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including to satisfy legal, accounting, or reporting requirements. Specific retention periods depend on the nature of the data and the purposes for which it was collected.

Data Security

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

• Encryption of personal data where appropriate
• Regular security assessments
• Access controls limiting who can access personal data
• Staff training on data protection

Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach. If the breach is likely to result in a high risk to your rights and freedoms, we will also notify you directly.

Complaints

If you believe that we have not complied with your data protection rights, you have the right to lodge a complaint with a supervisory authority. If you are located in the EEA, you can contact your local data protection authority.

Updates to This Information

We may update this GDPR compliance information from time to time. We will post any changes on this page and update the revision date.