Privacy Policy

1. Introduction

This privacy notice provides you with details of how I collect and process your personal data through your use of this site www.theartofmindfuleating.com, including any information you may provide through my site when you purchase a product or service, sign up to the newsletter, ebook, mini-e-course, or any other freely offered service.

By providing me with your data, you are declaring that you are over 13 years old.

Xenia Ayiotis of Xen and the Art of Mindful Eating is the data controller and is responsible for your personal data (referred to as “I”, “my” or “mine” in this privacy notice).

My contact details: Xenia Ayiotis, trading as Xen and the Art of Mindful Eating

Email address: xen@theartofmindfuleating.com

Postal address: 184 Rockwood Crescent, Woodlands Estate, PretoriaGauteng 0181, South Africa

You always have the right to complain to the Information Regulator of South Africa, if you are unhappy with how I collect your data. I would like to resolve any issues and would be grateful if you would contact me first so I can put things right.

It is very important that the information I hold about you is accurate and up to date. Please let me know if at any time your personal information changes by emailing xen@theartofmindfuleating.com.

2. The data I collect about you

Personal data means any information capable of identifying an individual. It does not include anonymised data.

I may process certain types of personal data about you as follows:

  • Identity Data includes your first name and last name (only in the event of a purchase), or your first name and email address when you sign up to receive ny free services.
  • Contact Data may include your billing address, delivery address and email address.
  • Transaction Data may include details about payments between us and other details of purchases made by you.
  • Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
  • Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
  • Usage Data may include information about how you use my website, products and services.
  • Marketing and Communications Data may include your preferences in receiving marketing communications from me and our third parties and your communication preferences.
  • I may also process Aggregated Data from your personal data, but this data does not reveal your identity and as such in itself is not personal data. An example of this is where I review your
  • Usage Data to work out the percentage of website users using a specific feature of my site.

Sensitive Data

I do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

3. How I collect your personal data

I collect data about you through a variety of methods including:

Direct interactions:

You may provide data by filling in forms on my site (or otherwise) or by communicating with me by phone, email or otherwise, including when you:

  • Order products or services;
  • Create an account on my site;
  • Subscribe to my service or publications;
  • Request resources or marketing be sent to you;
  • Enter a competition, prize draw, promotion or survey; or
  • Give feedback; or
  • Fill in my Introductory Session or Contact forms.

Automated technologies or interactions:

  • As you use my site, I may automatically collect Technical Data about your equipment, browsing actions and usage patterns.
  • I collect this data by using cookies, server logs and similar technologies.
  • I may also receive Technical Data about you if you visit other websites that use my cookies.
  • I also collect your data through my Analytics provider (using browser cookies) – Google who is based outside the EU. However, this data is anonymous.

4. How I use your personal data

I will only use your personal data when legally permitted.

The most common uses of your personal data are:

  • Where I need to perform the contract between us, whether a paid contract or digital delivery of a free product.
  • To give you access to whatever you’ve signed up for.
  • Where it is necessary for my legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where I need to comply with a legal or regulatory obligation, such as my legal obligations to the South African Tax Authority (SARS).

Generally, I do not rely on consent as a legal ground for processing your personal data, other than in relation to sending you my newsletter or other emails, once you have consented. You have the right to withdraw consent to marketing at any time by clicking the ‘unsubscribe’ links in any email message or by emailing me at xen@theartofmindfuleating.com.

Purposes for processing your personal data:

Set out below is a description of the ways I intend to use your personal data and the legal grounds on which I will process such data. I have also explained what my legitimate interests are where relevant.

I may process your personal data for more than one lawful ground, depending on the specific purpose for which I am using your data. Please email me at xen@theartofmindfuleating.com if you need details about the specific legal ground I am relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing
To register you as a new customer (a) Identity

(b) Contact

Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed

(c) To give you access to my membership site, my courses and the forum

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for my legitimate interests to recover debts owed

(c ) Both performance of my contract with you, giving you the access you have asked for

To manage my relationship with you which will include:

(a) Notifying you about changes to my terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for my legitimate interests to keep my records updated and to study how customers use my products/services

To enable you to partake in a prize draw, competition or complete a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for my legitimate interests to study how customers use my products/ services, to develop them and grow my business

To administer and protect my business and site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(a) Necessary for my legitimate interests for running my business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise

(b) Necessary to comply with a legal obligation

To deliver relevant content and advertisements to you and measure and understand the effectiveness of my advertising (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for my legitimate interests to study how customers use my products/services, to develop them, to grow my business and to inform my marketing strategy
To use data analytics to improve my website, products/services, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for my legitimate interests to define types of customers for our products and services, to keep my site updated and relevant, to develop my business and to inform my marketing strategy
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for my legitimate interests to develop my products/services and grow my business

5. Marketing Communications

You will receive marketing communications from me if you have:

  • requested information from me or purchased goods or services from me; or
  • provided me with your details and opted in at the point of entry of your details for me to send you marketing communications

and in each case, you have not opted out of receiving that marketing.

I will get your express opt-in consent before I share your personal data with any third party for marketing purposes.

You can ask me to stop sending you marketing messages at any time by clicking the ‘unsubscribe’ link at the bottom of newsletter emails.

Where you opt out of receiving any marketing communications, this will not apply to personal data provided to me as a result of a product/ service purchase, warranty registration, product/ service experience or other transactions or my legal obligations for complying with business law.

6. Change of purpose

I will only use your personal data for the purposes for which I collected it, unless I reasonably consider that I need to use it for another reason and that reason is compatible with the original purpose.

If I need to use your personal data for a purpose unrelated to the purpose for which we collected the data, I will notify you and explain the legal ground of processing.

I may process your personal data without your knowledge or consent where this is required or permitted by law.

7. Disclosures of your personal data

I may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • Revenue & Customs, regulators and other authorities based in South Africa and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
  • Third parties to whom I may in the future sell, transfer, or merge parts of my business or assets.

I require all third parties to whom I may transfer your data to respect the security of your personal data and to treat it in accordance with the law. I will only allow such third parties to process your personal data for specified purposes and in accordance with my instructions.

8. International Transfers

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third party service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever I transfer your personal data out of the EEA, I will do my best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:

I will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or

Where I use certain service providers, I may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

Where I use providers based in the United States, I may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

If none of the above safeguards is available, I may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Companies I work with who use your data to provide the functionality for this website, email software, product/ service purchase and appointment scheduling are:

  • Hetzner (web hosting and email hosting)
  • Mailchimp (collection of contact information)
  • Facebook (on my Business Facebook Page, advertising account and for blog/video post comments)

I use other suppliers, in addition, for business functionality, but they do not receive personally-identifiable information.

Please email me at xen@theartofmindfuleating.com if you want further information on the specific mechanism used when transferring your personal data out of the EEA.

9. Data security

I have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, I limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on my instructions and they are subject to a duty of confidentiality.

I have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where I am are legally required to do so.

10. Data retention

I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, I consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which I process your personal data and whether I can achieve those purposes through other means, and the applicable legal requirements.

By law I have to keep basic information about my customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask me to delete your data: see below for further information.

In some circumstances I may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case I may use this information indefinitely without further notice to you.

11. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

You can see more about these rights at The Information Regulator of South Africa.

If you wish to exercise any of these rights, contact me at xen@theartofmindfuleating.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, I may refuse to comply with your request in these circumstances.

I may need to request specific information from you to help confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request.

I endeavour to respond to all legitimate requests within one month. Occasionally it may take longer than a month if your request is particularly complex or you have made a number of requests. In this case, I will notify you and keep you updated.

10. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. I do not control these third-party websites and are not responsible for their privacy statements.

“The banquet is in the first bite...”

- Unknown -

“Seldom is the last of anything better than the first...”

- Irish Proverb -

“If hunger is not the problem, food is not the solution.”

- Brooke Castillo -

“Someday society will doubt the wisdom of dieting rather than the willpower of dieters...”

- Unknown -

“In eating, a third of the stomach should be filled with food, a third with drink and the rest left empty...”

- Unknown -

“If you are invested in security and certainty, you are on the wrong planet...”

- Pema Chodron -

“The only journey is the one within...”

- Rainer Maria Rilke -

“Right in the difficult must we have our joys, our happiness, our dreams: there against the depth of this background, they stand out. There for the first time, we see how beautiful they are.”

- Rainer Maria Rilke -

“Wellness isn't about deprivation and it's not about perfection. It is about pointing yourself in the direction of growth, training yourself to get comfortable with your highest potential and then taking small steps to support that shift. It is about showing up for yourself day by day and then one day finding that you have undergone a transformation.”

- Kathy Freston -

Certified by The Life Coach School Certified Weight Loss Coach Certified Life Coach Certified and Trained by The Original Intuitive Eating Pro